Product Negligence Attorneys | St. Louis
A Negligence Product Liability claim is usually based on one or more of the following – design defect, manufacturing defect, and a failure to warn. In fact, a claim for product liability may succeed even when products were used incorrectly by the consumer, as long as the incorrect use was foreseeable.
For example, it is foreseeable that someone will use a chair as a step stool but injuries that happen due to a product defect during that use might be covered. However, providing a warning will often make a defective product reasonably safe for its intended use.
Strict Product Liability
Most Product Liability claims are based on Strict Liability, and under the theory of Strict Liability, product manufacturers or sellers are held liable even if they did not act negligently.
In other words, the injured victim need not prove that the maker or seller of the product was negligent. It does not matter whether the manufacturer was aware of the defect or not, it will still be deemed strictly liable for any injuries caused by the defect. Fault on the part of the manufacturer does not need to be proven.
This allows an injury victim to recover for his injuries without “climbing into the motives” of the product’s maker. Manufacturers are expected to build the cost of such injuries into its product as they are better situated to cover the loss than individual victims.
Breach of Warranty: St. Louis
It is presumed that a product will work for its intended purpose, so Breach of Warranty means that a product did not fulfill the designated use expectation. For example, a car that is in the repair shop daily may be in breach of its warranty.
Product Liability cases can assert claims based on Negligence, Strict Liability and Breach of Warranty. By assessing the unique facts of each case, we can determine which of these claims are applicable and of merit.
If you are a victim of a defective or dangerous product, contact us at 314-A-LAWYER (252-9937) for a free consultation.
About the author, S.E. Farris
Spencer Farris is a personal injury lawyer at The S.E. Farris Law Firm in St. Louis, Missouri. See his profile on Google+