We have experience handling all types of defective product claims in Illinois and Missouri, from dangerous drugs and medical devices to poorly designed power tools. The first and perhaps most important piece of advice regarding product lability issues: SAVE THE PRODUCT. The actual item that harmed you or a loved one is a critical piece of evidence and will be paramount to your success. Once we can examine the product in question, we will conduct an independent and thorough investigation to determine what type of defect caused you harm and who is liable for compensating you for your physical, psychological, and financial injuries.
You can contact our St. Louis personal injury lawyers directly through our online form or by calling (314) 276-1681. We offer free consultations, so there is no risk in speaking with an attorney about your legal rights and options.
Why You Need a St. Louis Defective Products Attorney
Defective product claims are complex and sometimes difficult to prove. You need an attorney because if you go up against a major manufacturer or retailer alone, you are unlikely to succeed and obtain a fair outcome. Without the right legal team behind your case, it will be hard to establish that the product was defective, that you used the product correctly, or as would be reasonably expected, and you were injured because of the defect. You alone would have to prove what a team of experienced lawyers is striving to disprove. Their knowledge, experience, and resources put you at too great of a disadvantage. However, by hiring an experienced defective products lawyer, you have someone to even the playing field. You have someone who knows how to investigate these types of cases, gather evidence to support your claim, and present the evidence in court. By working with The Cagle Law Firm, you have an aggressive legal team increasing your chance of a fair resolution.
Types of Defects
Products may be dangerous in a variety of ways, such as:
- Design defect
Design defects occur when the business that designs a new product does not make it as safe as they could and still have the product function as intended. To obtain compensation based on allegations of a design defect, you must prove that the product was inherently unsafe and that the manufacturer could have made it safe.
- Manufacturing defect
A product has a manufacturing defect when it is not created, formed, or assembled in adherence to its design. A flaw that arises during the manufacturing process, which may be in one, a few, or many of the products, make the affected products unsafe.
- Lack of warning/marketing defect
A product has a warning defect if it does not come with appropriate instructions or warnings regarding how to safely use the product and what actions to avoid.
Theories of Liability for Defective Product Claims
In addition to the various kinds of defects, defective product claims are further complicated because there are different theories of liability as to why a manufacturer, product seller, retailer, or other business is responsible for your injuries. At The Cagle Law Firm, our St. Louis defective products attorneys have experience handling all types of defective product claims, including those based on:
Under a theory of negligence, you must prove that the at-fault party owed you a certain duty of care, failed to uphold that duty of care and that this breach caused the incident that resulted in your injuries.
- Strict liability
In a strict liability claim, you do not have to prove that the other party did anything wrong. Instead, your attorney will demonstrate that there is a legal basis for the party to be responsible for the product and any injuries it causes without regard to fault.
- Breach of warranty
Companies involved with the creation and selling of products make implicit and explicit warranties all the time. These are promises regarding the product, including that it is effective and safe. You may be able to prove in court that because the product was defective and dangerous, the other party breached one or more warranties.
Common Defective Products
You are surrounded by products every day, and any one of them could be defective if designed, created, assembled, or packaged improperly. However, certain defective product claims are more common than others, particularly because they are more likely to cause harm when something is wrong with the product. Again, if possible, save the product if you believe it to be defective.
Common defective products include:
- Drug Injuries from prescription and over-the-counter medications
- Medical devices, including breathing masks and respirators
- Personal vehicles/auto parts
- Recreational vehicles (RVs)
- Boats/personal watercraft
- All-terrain vehicles (ATVs)
- Children’s products
- Power tools
- Household appliances
- Fire, smoke, and carbon monoxide detectors
- Household products/cleaning products
- Lawn and yard equipment
- Constructive materials
Whatever product caused you harm, you deserve to know whether it was due to a defect. Call our St. Louis defective products lawyers today to have an experienced and tenacious legal team investigate your case.
Dangerous Product Injuries
A defective product can lead to all manner of accidents and injuries. At The Cagle Law Firm, we have experience handling defective product claims resulting in:
- Lacerations and contusions (cuts and bruises)
- Electric shock/electrocution
- Skin conditions
- Eye damage/vision loss
- Foodborne illnesses/food poisoning
- Traumatic brain injuries, including concussions
- Broken bones
- Back and spine injuries
- Spinal cord injuries
The Defective Product Legal Process
If a product caused you or a loved one harm, you should speak with a St. Louis defective products attorney about your rights and the legal process. We are here to represent you, including:
- Conducting an independent investigation of your case
- Determine the type of defect that caused your injury
- Determine liability
- Gather evidence of the defect and liability
- Demand compensation from the liable party or their insurer
- File a lawsuit in state or federal court
- Adhere to all court deadlines and statutes of limitations
- Pursue and review additional evidence through discovery
- Acquire any necessary expert witnesses
- Fight for your rights in court
The legal process for a defective product claim can be lengthy and complicated. We will answer every question you have and will never let a concern, no matter how small it may seem, go unaddressed. We will guide you through the legal process while fighting for you to receive the maximum compensation possible.
Defective Products Compensation
During a defective product claim, whether we are dealing with an insurer or fighting for your rights in court, one of our St. Louis defective products lawyers will pursue compensation for your:
- Medical Costs
- Lost Wages
- Pain and Suffering
- Emotional Distress
- Physical Limitations
- Loss of Future Earning Capacity
- Loss of Consortium and Companionship
- Property Damage
- Punitive Damages (when applicable)
We will strive for your physical, psychological, and financial injuries to be fully compensated. If you have suffered due to business’s egregious conduct, then we may also choose to fight for punitive damages. These are not intended to compensate you. Instead, a judge or jury will grant punitive damages to punish the wrongdoer. Punitive damages are typically only awarded in extreme cases.
Fatal Defective Product Accidents
Defective products can be very hazardous and often do more than cause minor-to-moderate injury. A dangerous product can cause such significant injuries that they result in death immediately or in the days, weeks, or months following the accident. If you lost a loved one because of a dangerous product, do not hesitate to contact our defective products attorneys in St. Louis. We are here to review your situation and advise you of your rights as well as the best next steps. We can guide you through a wrongful death claim in Illinois or Missouri and fight for you to receive compensation, including:
- Funeral and Burial Expenses
- Loss of Financial Contributions
- Loss of Care and Support
- Loss of Love and Companionship
- Loss of Inheritance
Let a St. Louis Defective Products Lawyer Help You
If you were injured or lost a loved one because of a defective product, you need to speak with an experienced attorney about what to do next. It often requires an in-depth look into the accident to determine what went wrong, whether the product was likely or obviously defective, and which entity is liable for your injuries. The Cagle Law Firm is here to conduct this investigation, so you not only understand what happened and why, but also have all the information you need to decide how you want to move forward. If there is evidence of a defect, we can represent you in a defective product claim.
Contact The Cagle Law Firm at (314) 276-1681 or use our online form to schedule a free consultation.