A household appliance catches fire. A ladder collapses during use. A piece of equipment fails and causes a serious injury. Afterward, you search for a recall and find nothing.
The absence of a recall does not automatically prevent a Missouri product liability claim. The central questions concern the product’s condition, how it was used, and whether a defect or inadequate warning caused your injuries. These are questions the product liability attorneys at Labovitz Law Firm can answer.
Is a Recall Required for a Product Liability Claim?
Missouri’s product liability statute does not require a recall before an injured person can pursue a strict liability claim.
The statute addresses products transferred in the course of business, used in a reasonably anticipated manner, and sold in an unreasonably dangerous defective condition or without an adequate warning. The injury must result directly from the relevant defect or warning failure.
Those requirements focus on evidence about the product and injury. A government announcement is not a substitute for that evidence, and its absence does not resolve the claim.
How Is a Recall Different From an Injury Claim?
A recall addresses a product safety problem. The Consumer Product Safety Commission explains that recall remedies may include repairs, refunds, or replacements intended to remove hazards and prevent injuries.
An injury claim seeks compensation for harm already suffered, potentially including medical expenses, lost earnings, and pain and suffering.
Receiving a replacement product does not necessarily address those losses. However, review any paperwork before accepting a remedy, especially if it includes settlement or release language.
What Could Make a Product Defective?
An investigation may examine several possible explanations for a failure. A malfunction alone does not automatically prove liability. Inspection, records, and technical analysis may be needed to determine why the product failed.
Problems With the Product’s Design
A concern may involve the way the product was designed, rather than a flaw limited to one item. The analysis requires more than showing that another design was imaginable.
Problems During Manufacturing
A particular product may differ from its intended specifications because of an assembly error, faulty component, or other production problem.
Inadequate Warnings or Instructions
A product may present a danger that adequate warnings or instructions should address. The claim must connect the warning problem to the injury and the circumstances of use.
What Should You Do With the Product After an Injury?
Get necessary medical attention and stop using the product. If keeping it presents a fire, electrical, chemical, or other immediate danger, prioritize safety and obtain appropriate assistance.
When safe, preserve the product and related materials:
- Packaging, instructions, and warning labels.
- Model and serial numbers.
- Receipts or online order confirmations.
- Broken components and accessories.
- Photographs of the product and accident scene.
- Repair, maintenance, and purchase records.
Avoid attempting repairs, dismantling the item, or recreating the failure yourself. These actions can create additional danger and change evidence needed to understand the accident.
Before returning or disposing of the product, ask an attorney how to preserve access for a proper inspection.
Does Product Use Affect Your Claim?
Yes. How the product was used can affect both liability and damages. Missouri law allows comparative fault to be considered in product liability claims under certain circumstances. Depending on the evidence, a person’s conduct may affect the amount of compensation available. Certain conduct, including unreasonable exposure to a known danger or failure to take reasonable precautions, may reduce compensation.
However, the manufacturer’s assertion that you misused the product does not settle the issue. The evidence must establish what happened and how the law applies.
Should You Report an Unsafe Product Without a Recall?
For products within the CPSC’s jurisdiction, consumers can report injuries and safety concerns through SaferProducts.gov. Reports may help the agency identify hazards.
Different agencies oversee other categories, including motor vehicles and certain food or medical products. Use the appropriate reporting channel.
Keep a copy of your report and describe events accurately. A safety report is separate from pursuing compensation and should not be treated as filing an injury lawsuit or preserving its deadline.
Do Not Wait for a Recall to Seek Legal Advice
A recall might never occur, and waiting can allow evidence to disappear. Legal deadlines also apply independently of whether a manufacturer announces corrective action.
An attorney can evaluate the product, identify potentially responsible parties, and determine what evidence is needed. A company’s denial that its product is defective should not be your only source of information.
Contact Labovitz Law Firm About a Product Injury
If a potentially defective product injured you in St. Louis or elsewhere in Missouri, you do not need to wait for a recall to ask about your rights.
Contact Labovitz Law Firm for a free consultation about your injuries, the product involved, and your potential claim.
