Product Liability and Defective Products
When you buy a product, such as a pharmaceutical, medical device, toy, or appliance, you trust that it can be used safely, but unfortunately, some consumer products are defective such that they cause catastrophic harm to consumers. For example, some motor vehicle collisions are not the result of driver negligence, but instead the result of a defective vehicle or vehicle part.
Under section 537.760-737.765, a plaintiff may bring a product liability claim on the basis of strict liability if the defendant transferred the product in the course of business, the product was used as could have been reasonably anticipated, and the product was unreasonably dangerous because it had a manufacturing, design, or marketing defect.
Automobile airbags are a recent example of product liability claims. Auto manufacturers have been recalling airbags for being defective. Many airbags have been improperly manufactured and have been the cause of serious injury.
The AW Smith Law Firm is experienced in investigating and litigating claims of product liability and getting our clients the compensation they deserve. When a consumer is injured by a defective product, you want a product liability attorney that understands how to win the case against the manufacturer. AW Smith is experienced in determining if the product has a history of defects that caused injuries. We are thorough in our investigation into the industry standards and how the product is manufactured. This intense education and preparation is essential for being successful with jury trials.
In many cases, manufacturers can issue recalls for defective products. However the recalls can have little advertising, warning consumers of the recalled products and the dangers that exist with them. Without the knowledge of the recalled product, consumers go on using these products, with no knowledge of the potential danger for them and their family. When manufacturers fail to warn or have insufficient warnings about defective products, and consumers are seriously injured by these dangerous products, this is grounds for a product liability lawsuit.
Bad things can sometimes happen to very good people. Unfortunately, serious injury and wrongful death can occur from a defective product. If you or your family have been injured by a defective product, call the AW Smith Law Firm at 573-777-3333 or contact us through our website at www.AWSmithLaw.com. We represent families that have suffered the injury or loss from a product liability. There is never an initial consultation fee or a contingency fee unless we recover for our clients.
In 2015, the AW Smith Law Firm had Five (5) of the Top Verdicts and Settlements awarded in Missouri. That is 5 of Missouri’s Top Plaintiff Wins, according to Missouri Lawyers Media. These 5 verdicts and settlements alone, totaled more than $44 million dollars in monies.