Disclaimer: Information on this website is of a general nature, may not apply to your case, and may not be current because laws are constantly influx. The following information is not legal advice specific to any one case. Read the full disclaimer below.

Dr. Bradshaw and Product Liability: One of the most important aspects of a products liability case is the ability to prove the product was defective or dangerous. Do not destroy or discard the product. Some people are so upset and angry that the product injured them or a family member, that they destroy the product or throw it away. However, keeping the product so that it can be proven to be defective or unreasonably dangerous may be a critical link in winning a product liability case.

Definition: Product liability is typically related to injuries caused by (1) a defective product or (2) a product that, although not defective, is unreasonably dangerous to use without proper warning. We have all seen the warning label on all types of items from hair dryers to ladders and even on plastic bags. These warnings are generally there to protect the manufacturer from an action related to failure to warn.

Venue: Venue refers to the place where a lawsuit may be brought into court.  In Missouri, in many injury (tort) cases, venue is often determined to be in the county where the first injury occurred.

Strict Liability: In Products Liability there are generally two different types of actions under strict liability:

Defective Product: In order to have a claim under this premise you generally must prove four things; (1) that the defendant sold the product in the course of his/her business, (2) the product was in a defective condition and unreasonably dangerous at the time of the sale, (3) the product was used in a manner which could be reasonably anticipated [meaning that you used the product for what it was intended or a misuse that should have been anticipated], and (4) you suffered injuries as a direct result of the defective condition which existed at the time the product was sold.

Failure to Warn: In order to have a claim under this premise you generally must prove five things: (1) the defendant sold the product in the course of his/her business, (2) the product was unreasonably dangerous when put to a reasonably anticipated use without knowledge of its characteristics, (3) the defendant did not give adequate warning of the danger, (4) the product was used in a manner which could be reasonably anticipated [meaning that you used the product for what it was intended or a misuse that should have been anticipated], and (5) you suffered injuries as a direct result of the product being sold to you without an adequate warning.

Prevention and Safety: Unfortunately, there may not be much that can be done to prevent injury when a product is defective or unreasonably dangerous. Be aware that a product may fail and therefore anticipate that possibility. Read all warning labels and follow all safety guidelines such as wearing goggles when working with power tools such as drills or saws. Also, be aware of manufacturer recalls on defective or dangerous products.

Please see our Research and Resource links page for a link to the Consumer Product Safety Commission-they list many manufacturer recalls including everything from vehicles to children's toys.

Research and Resource Links: For further information and links to valuable research and resources, please check out our Research and Resources page by clicking here.