What Are The Basics of Product Liability?

Lawyer Holding Insurance Papers

Product liability law is deeply complex and elaborate. While you may be able to file a product liability insurance claim on your own, it is highly recommended that you seek the right product liability attorney to assist with your case so that you recover the highest amount of compensation possible.

Read on to learn more details about product liability law in Missouri.

What is Product Liability Law?

Product liability laws are designed to protect consumers who become victims of hazardous products. For example, if you purchase a faulty battery and it spontaneously combusts on you which causes you to sustain injuries, product liability laws will help protect you.

All products that go to market in the United States are subject to meet requirements according to the ordinary expectations of consumers. If a product contains a surprise defect or hazard, it doesn’t meet consumers’ ordinary expectations.

Liability may fall on numerous parties for products that cause injuries to people within the general public. For instance, if a product causes injuries due to issues with manufacturing, it is likely that the manufacturer will be held responsible.

Statute of Limitations

In Missouri, victims of product liability defects have a total of five years to bring the issues to court.

Products Liability Theories

If you believe you have a products liability case, there are several legal theories on which you may be able to rely upon, such as the following:

  • Negligence

  • Tortious Misrepresentation

  • Breach of Warranty

  • Strict Liability


If you plan to bring about a product liability case under the grounds of negligence, there are five basic elements that need to be proven:

  1. The manufacturer owed a duty to you.

  2. The manufacturer breached a duty to you.

  3. The duty breach was the actual cause of your injury.

  4. The duty breach was also the proximate cause of your injury.

  5. You suffered actual damages due to the negligent act.

Tortious Misrepresentation

This type of claim is brought about when you are sold on a product through inaccurate or misleading messages expressed by the manufacturer of the product. If you rely on the information communicated by the seller and you are harmed by it, you may sue for misrepresentation. In this case, the product need not be defective, but instead, certain aspects of the product must have been communicated malevolently.

Breach of Warranty

A warranty is a form of guarantee that a seller provides to purchasers that involve the quality of the product. If the quality of the product does not meet the standards that were set forth by the warranty, the seller may be responsible for breach of express warranty.

In addition to express warranties provided by sellers, there are also two types of implied warranties:

  • Implied warranty of merchantability - A promise that a product is insufficient working order when it is sold and will fill the need it is designed to fill.

  • Implied warranty of fitness for a specific purpose - A promise that a seller’s instructions on the use of a product will be accurate.

Strict Liability

This theory says that a manufacturer is responsible for product defects that happen during the manufacturing process, regardless of the level of care wielded by the manufacturer. Additionally, this theory includes cases involving a failure to provide plentiful warnings.

We’re Here to Help

If you’ve been injured as a result of a defective product or advertising information about a product was false or misleading, you may be subject to receive compensation. Here at Kolker Law Firm, our team is highly experienced in product liability cases. We have helped many other people, just like you, and we can help you, too. Don’t hesitate to contact our firm with your product liability case right away.

Find out if we can help you through a difficult situation. Call the Missouri personal injury attorneys at Kolker Law Firm at (314) 684-8285 today.

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