St. Louis and Southern Illinois Product Liability Attorney
St. Louis Defective Products Injury Lawyer
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Defective Products Injury Lawyer in St. Louis, MO. If you have been injured by a defective product, trust in the St. Louis defective product injury law team of Halvorsen Klote to hold the liable parties accountable and get you a great financial recovery for your injuries. Call our St. Louis defective products injury lawyer today at 877-51-HKLAW or contact us online for a free case evaluation.
All types of products are ubiquitous in our lives, and when they are defective in their design, manufacturing or use it can cause terrible injuries when we least expect it. The financial impact in a product liability case is usually sudden, and it can be hard to know where to turn. HK Law's defective products injury lawyer in St. Louis has the knowledge, work ethic and expertise to get you great results and help stabilize and secure your financial future. We depend on products being safe to use. In the worst cases, a defective product can even cause our clients throughout Missouri and southern Illinois. We fight for you when liable parties do not want to take responsibility for their actions. If we cannot secure a fair settlement offer in negotiations, we will take your case to court.
Common Defective Products | St. Louis Defective Products Injury Lawyer
Theoretically, any kind of product can be defective and be the cause of a product liability claim — from your coffee maker, to the car, bus or train you take to work, to the device you are using to view this page. In 2021, retail sales in the United States reached a staggering 5.15 trillion dollars. Below are some of the most common types of defective products your HK Law defective products injury lawyer in St. Louis sees:
- Motor vehicle parts and components that contribute to car accidents, motorcycle accidents and truck accidents, including:
- Household appliances
- Soaps and detergents
- Power tools
- Children's product, including:
- Nursery products
- Medical devices, such as:
- Joint replacements
- Anesthesiology devices during surgery
- Medications and prescription drugs
Manufacturers, importers, distributors and St. Louis, Missouri and Illinois retailers all have a duty to report defective products to the U.S. Consumer Product Safety Administration when a defect is noted. However defects are not always caught, and in the worst cases, such as the famous Ford Pinto product liability case, defective products are not recalled because the manufacturer thinks it is cheaper to pay injured victims than refund and fix all of their products. If you have been injured by a defective product that should have been recalled you may even be able to collect punitive damages. Call HK Law's team of St. Louis defective products injury lawyers for a free consultation and to discuss all of your legal options.
Below are some helpful links from your HK Law defective products injury lawyer team where you can find information about recently recalled products:
- FDA Recall List and Safety Alerts
- Consumer Products Safety Commission Recall List
- U.S. Department of Transportation Motor Vehicle Recall List
Strict Liability vs. Negligence | St. Louis Defective Products Lawyer
In most tort cases, the plaintiff and their St. Louis defective products injury lawyer must demonstrate that the defendant was negligent, or in other words did not meet the standard of care required of them by their relationship to the injured party. In a negligence case, if another person's recklessness, such as drunk driving or not leashing their dog, directly caused your injuries, then you are allowed to seek damages against them. If their negligence did not contribute to your injuries then you do not have a claim.
In strict liability claim, the defendant did not need to be negligent in order for your St. Louis defective products injury lawyer to find them liable for your injuries. Strict liability applies to most product liability cases, meaning that a manufacturer, distributor or seller only had to manufacture, distribute or sell a product that was defective at the time, whether or not they knew about it or should have known about it. In short, all your St. Louis defective products injury lawyer has to prove is that an accident occurred and the product caused you injuries.
In Missouri, according to Revised Statute §537.760, a manufacturer, distributor or seller is "strictly liable" for an injury when:
- They transferred the product in the course of their business;
- The product was used in the manner intended or a "manner reasonably anticipated;" and
- Either or both of the following:
- The product was defective and "unreasonably dangerous" when it was sold, and that when used appropriately or "reasonably" the product caused injury; and/or
- There was not an "adequate warning" of any potential dangers of the product, and the user was injured because they were not given proper "knowledge of its characteristics."
In Illinois, jury instructions for strict product liability cases stipulate that in order to win a products liability case you must prove:
- That the defendant manufactured or sold the product;
- That there was an unreasonably dangerous condition;
- That the condition existed at the time the product left the manufacturer's or sellers control.
In neither Missouri nor Illinois do you have to establish negligence in order to recover damages for a product liability case. The experienced and dedicated St. Louis defective products injury lawyer team at Halvorsen Klote know the ins-and-outs of the laws in each state and will be able to help you prove your case.
Types of Products Liability | St. Louis Defective Products Injury Lawyer
Just as there are many types of defective products, there are many ways that a product can become dangerous and injure you. Defects can be the result of electrical or wiring issues, or unsafe materials such as lead or toxic chemicals being present. Generally speaking, your St. Louis defective products injury lawyer will argue your case through one or more of three different lenses.
Design defects refer to products with an inherent flaw in their design which makes them dangerous. If a product is defective because of a design defect, all products with the same design will be dangerous. While sellers and St. Louis, Missouri and Illinois distributors are often potential defendants in a products liability case, typically only the manufacturer responsible for the design will be liable in a design defect case. Examples include a car that tends to rollover when a driver swerves to avoid something, a household appliance that becomes too hot and starts fires or an improperly designed safeguard on a power tool that does not adequately prevent injuries. Your Missouri and Illinois HK Law defective products injury lawyer team in St. Louis will help you determine if you were injured because of a flawed product design.
Unlike design defects, manufacturing defects typically only affect one or several items, not an entire product line. Defective manufacturing errors occur in the construction phase of the product roll out. For example, a bottle of liquid medicine may become contaminated or have rat droppings in it, or an airbag that was designed correctly but did not inflate on collision because it was not properly installed. Manufacturing defects occur when a product departs from its intended design, however because of strict liability a manufacturer, distributor or vendor in St. Louis, Missouri or Illinois may still be found liable by your HK Law defective products injury lawyer.
Failure to Warn
Failure to warn is brought up when a product caused injury but was not necessarily defective. It is relevant when a product is being used as intended or reasonably anticipated, and the danger in the product is not obvious. For example, a steak knife does not need a warning saying that it can cut, and a lighter does not need a warning saying that it can start fires, as those dangers are both obvious and the intent of the product. If a small children's toy does not have a "choking hazard" warning, or a medication does not list potential side effects and someone is injured as a result, you may have a failure to warn case in St. Louis, Missouri and Illinois. The warning must be obvious and clear. Failure to warn cases are often complicated and the defendant will likely try to place blame for your injury on you. But your St. Louis defective products injury lawyer team at HK Law knows how to hold liable parties responsible when they cause you injury.
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St. Louis Defective Products Injury Lawyer | Halvorsen Klote
If you have been injured in a product liability accident that wasn't your fault, call our defective products injury lawyer team in St. Louis today. We have the experience and knowledge to offer you sound, personalized legal counsel and win your case in court if we have to. You should not have to pay for medical bills and other expenses when you were injured through no fault of your own. Let us fight for you and secure you maximum financial compensation. Call our St. Louis defective products injury lawyer today at 877-51-HKLAW or contact us online.
Attorney at Law
Joel Halvorsen and his partner Greg Klote founded the Halvorsen Klote law firm on the principle that injured people and their families should have access to the same quality legal representation as large insurance companies.
Attorney at Law
Greg Klote is a partner and founder of Halvorsen Klote.
Greg has successfully fought for people who were injured through no fault of their own. He became a lawyer to help make a difference in the lives of those who have been wronged and treated unfairly.
Attorney at Law
Samantha Orlowski is a practicing attorney Halvorsen Klote.
Samantha joined Halvorsen Klote in 2018 as a law clerk and has since become a practicing attorney. Sam's number one priority is to provide individualized experiences for each client to achieve the best results.