St. Louis Products Liability AttorneyIf a defective product is to blame for your personal injury, attorneys at the law firm of DeVoto & Benbenek have the tenacity and legal experience to resolve your case. Our St. Louis, Missouri, law office helps clients obtain compensation for pain and suffering in product liability cases involving medical equipment and devices, motor vehicles, farm equipment, construction equipment, ladders, power drills, nail guns, roofing, amusement rides, coffee pots, and other potentially dangerous products. Our lawyers take on complex product liability cases referred to us by other lawyers who respect our professional ability to stand up for our clients in court. Contact us Link to Contact Us to discuss your product liability case with an experienced personal injury attorney. DeVoto & Benbenek, L.L.C.
Products Liability - An OverviewDefective and unreasonably dangerous products can cause serious injuries to adults and children alike. No one uses a product expecting it to break or fail; when a product's defect becomes apparent, it can take the user by surprise. Luckily, products liability is a well-established area of the law. If you have been injured, consult with an experienced products liability attorney to discuss your options. The federal government regulates some aspects of consumer product safety, but the laws affecting products liability litigation exist at the state level. Although the intricacies of these laws vary from state to state, the states share some overarching principles. Defects in Design, Manufacturing and Marketing Product defects come in a variety of forms. A design defect occurs when the manufacturer or producer fails to design the product so that it is safe for its intended use. Typically, the manufacturer could have used a safer alternative design to avoid foreseeable risk. This occurs when, for instance, a hammer is designed with a weak handle or a swing set is designed with an unstable base. A manufacturing defect occurs during the manufacturing process and has nothing to do with the design. Even if the design was perfect, poor manufacturing can undo proper safety measures. This can occur when a manufacturer uses the wrong materials or fails to use appropriate quality controls. A marketing defect — the failure to warn of danger or instruct on proper use — is a different kind of defect. A product that is safe when the consumer knows how to use it can turn dangerous without the proper warnings. The manufacturer has a duty to warn users of non-obvious aspects that can make the product dangerous. A marketing defect can occur when the manufacturer fails to provide instructions to use a household cleaner only in well-ventilated areas or to wear gloves while using the cleaner. When a Product Is Unreasonably Dangerous Some products, like knives, are naturally dangerous. This does not make them unreasonably dangerous, because we know that when we use them they can cut. A product that is unreasonably dangerous, on the other hand, is one whose danger the consumer does not expect or whose risks outweigh its benefits. The property that makes the product unreasonably dangerous must have existed when the product left the control of the manufacturer. When You Have Been Injured If you have been hurt by a defective or unreasonably dangerous product, seek the help of a products liability attorney. After you get medical attention for your injuries, it is important that you do not throw out the product that caused the injuries. If you keep the product, it will be easier to prove what kind of defect caused the problem. A competent and experienced attorney will advise you on how to proceed. Schedule a consultation soon to speak with a knowledgeable products liability attorney. Copyright ©2007 FindLaw, a Thomson Business DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. |
Call us nowor use the form below.In most states today, an injured person does not have to be the purchaser of the product in order to recover from the manufacturer or seller of the product under a product liability theory. Implied warranties are established by state law and apply to most products sold within the state. Even if you don't think a product supplier breached a written warranty, contact an attorney to see if an implied warranty was breached. A person who foreseeably could have been injured by a defective product can usually recover for his or her injuries. A design defect is some flaw in the intentional design of a product that makes it unreasonably dangerous; whereas, a manufacturing defect occurs when the product does not conform to the designer's or manufacturer's own specifications. Copyright ©2007 FindLaw, a Thomson Business DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. Products Liability Resource Links
US Consumer Products Safety Commission (CPSC)
Federal Trade Commission (FTC)
Food and Drug Administration (FDA)
Institute for Safe Medication Practices (ISMP)
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