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Defective Product Claims

MISSOURI DEFECTIVE PRODUCT ATTORNEY

Defective products can cause serious injuries that are sometimes permanent. As a result, hundreds of products are recalled by the Consumer Product Safety Commission every year. These products include thousands of types of consumer products. Defective product claims can be complex and difficult. It is important that the injured party or their family hire the right Missouri defective product attorney to hold the manufacturer of the defective product responsible for injuries sustained. If you, one of your family members, or friends have suffered an injury in Missouri as a result of a defective product, the injured party may be entitled to compensation for the resulting suffering or loss. For a free consultation, contact John M. Cichelero at 314-205-2886 or via e-mail. Mr. Cichelero represents clients on a No Fee if No Recovery basis.

PRODUCT DEFECTS CAUSING INJURIES

Defective products come in many forms. The following are some examples of products which, when defective, can cause serious injury or death:

  • Vehicles
  • Medical Devices
  • Prescription Medication
  • Baby Products
  • Work Equipment
  • Home Products
  • Toys

You can find information on over 4,000 product recalls and recall alerts of these and other types of consumer products through the Consumer Product Safety Commission website.

DIFFERENT TYPES OF PRODUCT DEFECTS

A product may be defective for a number of reasons. It may be that the product has an inherent defect in its design. Without a change in design, the product is inherently dangerous. Frequently, qualified experts must be retained to explain how a safer design of a product may have helped avoid injury.

There also are times when a product has a manufacturing defect. In other words, the product may have been made with substandard materials or labor making it unsafe when it leaves the plant.

Perhaps the product is unsafe because the manufacturer failed to warn of a dangerous condition when they knew, or should have known, of the propensity for harm. Many products can be made safer simply by posting a simple notice of hazards from use of the product.

CHAIN OF MANUFACTURE AND DISTRIBUTION

Product liability claims can be brought not only against the maker of the product, but also against others in the production chain. Often claims are brought against designers, marketers, distributors, and sellers.

LEGAL THEORIES

Any Missouri defective product attorney must know the different types of legal liability which may apply to defective products. These include claims for negligence. Under this theory, the injured party must show that their injury resulted from some negligent or careless act on behalf of the defendant which made the product unsafe. In other words, the wrongdoer had a duty to act with a certain level of care and failed to, thereafter causing injury from the product.

Liability may also be based on a breach of warranty. A breach of warranty means that the producer failed to keep a promise to the consumer which was contained in labels or other sales documents. In other words, the product fails to live up to the guarantees that the maker provides and, as a result, injuries are sustained from the product.

There also is strict liability. Under this theory, the manufacturer of the product may be held responsible for injuries or damages caused by the product regardless of what safety steps were taken by them. The product may be determined inherently dangerous by its very nature.

PROTECTING STATUTES

The State of Missouri also has product liability statutes which are designed to protect the consumer from serious injuries sustained by defective designs, products, or warnings. Despite these protections, product defects are still responsible for numerous personal injuries and deaths.

NO FEE IF NO RECOVERY

Whether it be injuries from a defective drug, vehicle, machine, device, or product for children, contact attorney John M. Cichelero. Your claim will be handled on a No Fee if No Recovery basis. If you would like to discuss your claim with Mr. Cichelero, please e-mail or call 314-205-2886. He handles cases in St. Louis City, St. Louis County, Jefferson County, St. Francois County, Franklin County, Washington County, Lincoln County, Madison County, Kansas City, Jackson County, Greene County and any other county or city within the state of Missouri. He also represents clients in parts of metro east Illinois, including Granite City, Collinsville, Alton, Wood River, Edwardsville, Fairmont City, Belleville, O’Fallon, Fairview Heights, and Shiloh.

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