After a defective product injury, you may be able to pursue compensation for medical expenses, lost income, pain and suffering, property damage, out-of-pocket costs, and other losses. In serious cases, wrongful-death damages or punitive damages may also be available. The amount depends on the injury, the product defect, the evidence, and whether the injured person contributed to the harm.
St. Louis is a major independent city in east-central Missouri, located on the western bank of the Mississippi River. Home to over 300,000 people, it has a diverse mix of residential, commercial, and industrial areas. Its residents regularly purchase and use a wide range of consumer products through stores, businesses, and other sellers.
These everyday transactions can make product safety especially relevant when a defective or dangerous product causes an injury. If you need help with a defect claim, a St. Louis product liability lawyer can review the circumstances and potential losses involved.
Medical expenses
Medical costs are often a major part of a defective-product claim. Compensation may cover:
- Emergency treatment and ambulance services
- Hospital stays and surgery
- Diagnostic tests and prescriptions
- Physical or occupational therapy
- Medical equipment
- Future treatment
- Counseling or mental-health care
Keep medical bills, treatment records, prescriptions, insurance statements, and provider recommendations as medical evidence.
Missouri product-liability law addresses products that are defective or unreasonably dangerous during reasonably anticipated use and cause direct damage. Mo. Rev. Stat. § 537.760 provides the statutory framework for Missouri products-liability claims.
Lost income and earning ability
If an injury keeps you from working, you may seek compensation for missed wages, overtime, commissions, bonuses, used leave, self-employment income, and reduced future earning capacity. Vocational retraining may also be relevant.
Pay stubs, employer statements, tax records, business records, work restrictions, and vocational assessments can help establish these losses.
Pain and suffering
Compensation may also address physical pain and emotional harm, including anxiety, depression, sleep disruption, scarring, disfigurement, reduced mobility, permanent disability, and loss of enjoyment of life.
There is no universal formula for these losses. Medical records, photographs, treatment notes, and testimony from family members or coworkers may help demonstrate how the injury changed everyday life.
Property and other expenses
A defective product can damage property as well as cause physical injuries. Potential compensation may include repairs or replacement, vehicle or home damage, damaged belongings, fire or water damage, temporary replacement equipment, and inspection costs.
You may also recover reasonable out-of-pocket expenses such as transportation, childcare, household assistance, medical supplies, home modifications, accessibility equipment, or temporary lodging.
Preserve the product, packaging, warnings, receipts, photographs, manuals, and communications with the seller or manufacturer. Avoid repairing, modifying, discarding, or disassembling the product before it is properly documented.
Wrongful death and punitive damages
If a defective product causes death, eligible survivors or an estate may pursue damages recognized under Missouri law. Depending on the circumstances, these can include medical and funeral expenses, lost financial support, loss of services, companionship, guidance, and care.
Punitive damages are different from compensation for actual losses. They may become relevant when evidence indicates particularly serious conduct, such as knowingly selling a dangerous product, concealing a defect, or deliberately ignoring safety concerns. They are not automatic simply because an injury occurred.
Comparative fault can reduce compensation
Missouri uses comparative fault in product-liability claims. Under Mo. Rev. Stat. § 537.765, a claimant’s damages can be reduced according to their share of fault rather than automatically eliminating the claim.
Final Takeaways
- Medical expenses may be recoverable.
- Lost wages and future earning losses can matter.
- Pain and suffering may form part of the claim.
- Property damage and related expenses may qualify.
- Wrongful-death damages may apply in fatal cases.
- Punitive damages require particularly serious conduct.
- Comparative fault can reduce an award.
