Kansas City Product Liability Lawyer

We use hundreds of purchased products every day and rarely think twice, but what about when a product causes serious harm even though it was used correctly and appropriately?

We expect the products we purchase in good faith to be safe, as well as to live up to the manufacturer’s promises. Unfortunately, some products have unsafe designs, manufacturing mistakes, or lack adequate warning labels, resulting in serious injury to a consumer.

When an individual uses a product appropriately but still suffers a serious injury, it affects all aspects of their life, including the ability to earn a living and accomplish routine daily tasks. If you’ve suffered from the consequences of a defective product injury in Kansas City and the consequences result in temporary pain and financial hardship or permanent, life-altering harm, the repercussions of the injury are your “damages” in a defective product personal injury claim. Manufacturers are held to strict liability standards, but often dispute or deny claims.

Manufacturers are under strict liability laws in Missouri and face financial accountability when a product causes harm. If you or a close family member suffered serious injuries from a product with a manufacturing error or faulty design, it’s time to hold the manufacturer accountable under product liability law. Call the experienced defective product attorneys at Miller & Hine today for the legal representation you deserve.

Call the skilled, resourceful defective product attorneys in Kansas City at Miller & Hine to represent your best interests with an assertive, results-oriented approach to obtain the compensation you deserve.

Why Choose Miller & Hine for Your Defective Product Claim in Kansas City?

At Miller & Hine, we treat our clients like family by taking the time to get to know them and personally observe the impacts of the injury on their lives. This enables us to make the most compelling claim for their compensation against insurance companies who commonly dispute, delay, or undervalue product liability claims in Missouri. Our Kansas City personal injury attorneys offer the following advantages to your case:

• Free case consultations for injury victims and no upfront fees—instead, you only pay us after we recover compensation for your damages
• An entire legal team with an in-depth understanding of Missouri’s insurance system and product liability law
• The dedicated attention of an attorney working diligently on your case
• Over five decades of combined legal experience lending a powerful voice to your compensation claim
• Open communication and availability with an attorney strategizing the best way to move forward to maximize the amount of compensation you recover in your claim
• Attorneys who make a compelling case for every client’s compensation by taking the time to get to know them, understand all aspects of their injury and witness the impacts on their lives

We are the Kansas City defective product lawyers who achieve large settlements and notable wins for injured clients through years of dedicated client advocacy.

How Can a Defective Product Lawyer In Kansas City Help?

A strong case for proving a manufacturer’s liability for a product with a design defect, manufacturing mistake, or marketing error requires clear and convincing evidence. An experienced attorney from Miller & Hine has a team of investigators and access to resources such as subject matter experts and medical experts to help prove your case. Call the compassionate team of personal injury attorneys at Miller & Hine today so we can hear the details of your case and take prompt action on your behalf.

Understanding Strict Liability in Missouri Defective Product Claims

Most personal injury cases rely on proving the at-fault party acted negligently, resulting in injury to someone else; however, manufacturers are under strict liability laws. This means injury victims do not have to prove a manufacturer’s negligence. Instead, a manufacturer is held financially accountable whenever they produce and market a product and that product causes injury to someone else as long as the injury results in consequences to the victim. These consequences are the victim’s “damages” in a defective product claim and typically include economic damages like medical bills and lost wages, and non-economic damages like pain and suffering.

Under Missouri §537.760, the law states the following:

“…The term “products liability claim” means a claim or portion of a claim in which the plaintiff seeks relief in the form of damages on a theory that the defendant is strictly liable for such damages because:

• The defendant, wherever situated in the chain of commerce, transferred a product in the course of his business; and

• The product was used in a manner reasonably anticipated; and

• Either or both of the following:

• The product was then in a defective condition unreasonably dangerous when put to a reasonably anticipated use, and the plaintiff was damaged as a direct result of such defective condition as existed when the product was sold; or

• The product was then unreasonably dangerous when put to a reasonably anticipated use without knowledge of its characteristics, and the plaintiff was damaged as a direct result of the product being sold without an adequate warning.”

An experienced Kansas City defective product lawyer can investigate, document evidence, and make a compelling claim on your behalf.

What Is the Statute of Limitations for Missouri Defective Product Claims?

A defective product claim falls under personal injury law. Like all states, Missouri seeks to ensure that evidence and eyewitness testimony remain available if a personal injury case goes to court by setting a time limit on claims/ This is the statute of limitations on personal injury cases. Many states allow only two years, but Missouri allows injury victims to file claims up to five years after the date of the injury, or five years after the discovery of the injury or when it should reasonably have been discovered. Injured minors have up to five years from their 18th birthday to file a claim for damages.

Most product liability claims in Missouri are settled out of court through negotiations with the manufacturer’s liability insurance company but if a case requires a lawsuit, the injury victim must file the petition within five years of the injury date.

What Are the Three Types of Product Liability Claims?

Depending on the details of a defective product claim, a successful case requires showing that the product was defective in one of three ways.

Design Defect:

When a product is inherently unsafe because of a significant flaw in its design, it’s a design defect case. Proving this type of product liability claim requires showing that even when the product is manufactured and used as intended, the flaw in its design makes it unsafe. Proving a design defect may also require showing that a safer design alternative exists so it is unnecessary for the manufacturer to produce and market the product with the defective design.

A Manufacturing Defect:

A manufacturing defect claim is appropriate when a product’s design is safe and effective, but an error occurs during the manufacturing process that makes an individual product or a group of products produced under a specific lot number unsafe for consumers. This type of product liability claim requires an investigation showing that a mistake occurred during the product’s manufacturing.

A Marketing Mistake:

When a product’s design is safe, and it was manufactured correctly, but the marketing department incorrectly labeled the product, included inadequate instructions or safety warnings, or otherwise “failed to warn” the consumer, manufacturer direct liability applies in the case.

Common Products Named in Missouri Product Liability Cases

The Consumer Product Safety Commission (CPSC) reported nearly 29 million injuries and over 1,000 deaths linked to defective products in the United States. Nearly any product can contain a defect that causes injury, but the most common products named in product liability cases include the following:

• Vehicles
• Vehicle components, including airbags, seatbelts, and components of brake and steering systems
• Medical devices
• Medications
• Children’s toys
• Infant sleep equipment and car seats
• Power tools
• Electronics
• Household appliances
• Farm equipment
• Workplace equipment and chemical products
• Dangerous prescription medications
• Child choking hazards
• Furniture
• Sports equipment

These are just a few of the most common examples of defective products that lead to injuries. If a product causes harm while it’s used appropriately or in a way the manufacturer could reasonably have anticipated it would be used, the manufacturer is held to strict liability laws.

Proving a defective product claim in Missouri requires showing that the injury victim used the product correctly, or in a manner the manufacturer could reasonably have determined a consumer would use it, yet the product caused a serious injury with economic and non-economic damages to the victim. Your accident attorney in Kansas City can help with this process.

What Damages Are Recoverable In a Defective Product Claim in Kansas City?

Depending on the type of product and the severity of the injury it caused, the damages range from temporary financial strife from medical bills and lost work days to life-altering disability. Common damages in Kansas City defective product cases include the following;

• Medical costs
• Future medical expenses
• Lost wages
• Future lost earnings or diminished future earning ability
• Compensation for pain and suffering

Depending on the nature of the injury, other damages may be available for compensation such as scarring, disfigurement, loss of limb, the loss of one of the senses, organ loss, or diminished quality of life. If a defective product causes fatal injury, close family members can recover compensation from the manufacturer through a wrongful death claim.

Call Miller & Hine Attorneys at Law Today

You and your family shouldn’t have to shoulder the costs of an injury caused by a defective product. At Miller & Hine, our Kansas City personal injury attorneys and legal team have years of experience navigating the challenges of investigating the injury, determining the defect, and establishing whether the defect is an inherent defect in the product’s design, a manufacturing error, or a marketing mistake. We also carefully calculate damages to ensure you make a claim for the maximum compensation available to you. We are skilled negotiators as well as trial lawyers who will assertively seek a large settlement or take your case before a jury.

Contact the Kansas City product liability lawyers at Miller & Hine today so we can take prompt action on your financial recovery while you work on your physical recovery.