Springfield, MO Dangerous Product Lawyers
Defective Product Lawsuits in Missouri
Every year, thousands of people are seriously injured and killed by dangerous and defective products. At Potts Law Firm, we stand up to negligent manufacturers and other liable parties who fail to protect the safety of consumers and, instead, think only of their own profits. With decades of combined experience and a proven track record of success, our legal team is ready to fight for you and the justice you deserve.
At our Springfield, MO office, we provide clients with a high level of personal attention and legal support. We recognize that these are complex cases, which is why we utilize our vast experience, resources, and skills to develop creative strategies tailored to each unique case. Our goal is to help you not only get back on your feet by securing the full, fair compensation you are owed but also to bring the liable party to justice and prevent similar incidents from occurring in the future.
If you or someone you love was harmed by a defective product, contact the Springfield, MO dangerous product lawyers at Potts Law Firm today at (417) 323-6752 for a free consultation.
Proving Your Defective Product Case
Dangerous and defective product claims fall under an area of personal injury law known as product liability. As such, the person or party who brings the claim (known as the “plaintiff”) has the burden of proof. This means that they must prove their case against the defendant, and not the other way around.
If you are bringing a negligence-based defective product claim, you will need to prove the following:
- You were injured, and your injuries led to measurable damages
- The defendant owed you a duty of care
- The defendant failed to uphold the duty of care
- Your injuries and damages were a result of this failure to uphold the duty of care
Not all defective product lawsuits are based on negligence, however. In many cases, manufacturers and other parties are considered “strictly liable” for injuries and damages resulting from their products. When this is the case, you do not need to prove that the defendant acted negligently or wrongfully; instead, you must simply demonstrate that you were injured by a defective product the defendant designed, owned, controlled, managed, sold, distributed, or created.
Types of Product Defects
Consumer products can contain any number of flaws, all of which can potentially render the product unreasonably unsafe for normal use (i.e., defective). However, these flaws are generally categorized into one of three different types of product defects.
The three types of product defects are:
- Design Defects: The product is improperly designed, or there is a flaw in the product’s design that makes it unreasonably unsafe for normal use
- Manufacturing Defects: A flaw is introduced during the production phase, causing the product to be unreasonably unsafe for normal use or to not work as intended
- Labeling/Marketing Defects: The product is missing important labels, such as warnings and instructions, or it is improperly advertised, marketed, or used
Determining the type of defect a product had is important, as it often points to who is liable for victims’ resulting damages. For example, if a product has a defective design, the entity responsible for designing the product may be legally responsible for accidents, injuries, and deaths resulting from the poor design. If a product is properly designed but incorrectly manufactured, the manufacturer is likely liable.
At Potts Law Firm, we conduct independent investigations to not only determine what type of defect a product contained but also who is liable for your resulting injuries and damages. Our Springfield product liability lawyers have successfully proven highly complex cases against major manufacturers, distributors, and other entities—and we are ready to fight for you.
For more information, call (417) 323-6752 or contact us online to schedule a complimentary case evaluation with one of our Springfield, MO dangerous product attorneys.
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
Great law firm!- Hugo G.
The statute of limitations on personal injury lawsuits arising from defective products in Missouri is five years from the date of injury. When an injury is not immediately discoverable, the statute of limitations may be tolled, or deferred, to five years from the date on which the injury was discovered or reasonably could have been discovered.
In any case, your time to sue for damages is limited. We strongly recommend that you reach out to our team at Potts Law Firm as soon as possible for the legal help you need. We offer free consultations and provide most legal services on a contingency fee basis, meaning you do not owe anything unless/until we win your case.
Transvaginal Mesh Settlements Over $1 Billion
The Potts Law Firm and its joint venture partners have been successful in resolving over $1 billion in transvaginal mesh settlements. Derek H. Potts was one of a handful of plaintiffs’ lawyers from around the country who spearheaded the establishment of what would become the largest medical device MDL consolidations in history.
Kugel Mesh Hernia Patch $184 Million
Derek H. Potts was a member of the Kugel Mesh MDL Plaintiffs Steering Committee which was instrumental in obtaining a $184,000,000 global settlement for several thousand persons who had received the Kugel Mesh hernia patch.
Shoulder Pain Pump Defect $400,000
Potts Law Firm secured a $400,000 settlement on behalf of a young man who suffered injuries due to a dangerous medical device. The man suffered from chondromalacia, or damage to the cartilage that holds the shoulder together, after having a shoulder pain pump inserted to alleviate his chronic pain.
Whitfield vs. C.R. Bard Jury Finding
U.S. District Court of Rhode Island, 2011. Co-Lead Plaintiffs’ Counsel obtained a jury finding that C.R. Bard’s Kugel Mesh is unreasonably dangerous.
In Re: American Medical Systems Litigation Global Settlement
Co-Lead Negotiation counsel for over 13,000 cases resulting in near-global settlement.
Avandia Aggregate Settlement Seven-Figure Settlement
Potts Law Firm entered a high seven-figure aggregate settlement on behalf of clients that ingested Avandia and were injured.
Wrongful Death of Employee $6.35 Million
Potts Law Firm served as lead counsel for the family of a man who was killed while on the job due to a product failure. After a short time in litigation, Potts Law Firm was able to settle the case and also received a voluntary worldwide recall of the product; ensuring no one else would suffer injuries or death resulting from the failed product in the future.