You expect the products you buy to be safe. When a car part fails at highway speed, a space heater catches fire, or a child’s toy breaks apart into choking hazards, the results can be catastrophic. Product liability law holds manufacturers, distributors, and retailers responsible when a defective or dangerous product injures the people who use it, and Missouri law gives injured consumers a clear path to pursue compensation.
Hollis Law Firm represents people injured by defective products in Kansas City and throughout Missouri. Managing attorney Jason Chambers has practiced law since 2010 and has served as lead attorney in complex product liability litigation against large corporations. His background in biology and pathology helps him understand how a defect caused a specific injury, which is often the central question in these cases. Product claims are one of the many Kansas City personal injury cases our firm handles.
Time-Sensitive: Missouri Filing Deadline
Missouri generally allows five years to file a product liability lawsuit, but the defective product itself is critical evidence. Once it is repaired, discarded, or returned to the manufacturer, it may be gone for good.
Hollis Law Firm has collected more than $100 million for clients in settlements and judgments. We handle product liability cases on a contingency fee basis, so you pay nothing unless we recover compensation for you. Free consultations are available now.
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How Product Liability Law Works in Missouri
Missouri allows injured people to pursue product claims under strict liability, which means you generally do not have to prove the manufacturer was careless. Instead, the focus is on the product itself. Under RSMo 537.760, a strict product liability claim generally requires showing the following:
The Product Was Sold in Commerce
The defendant transferred the product in the course of its business, whether as a manufacturer, distributor, or seller.
It Was Used as Anticipated
You used the product in a way the manufacturer could reasonably anticipate, not necessarily exactly as the instructions described.
It Was Unreasonably Dangerous
The product was in a defective condition, or lacked an adequate warning, that made it unreasonably dangerous at the time it was sold.
The Defect Caused Your Injury
You were harmed as a direct result of the defect or the missing warning, which is usually proven through technical and medical evidence.
Missouri product claims can also be brought under negligence or breach of warranty theories when the facts support them. An attorney can evaluate which approach gives your claim the strongest foundation.
Missouri Pure Comparative Fault
Manufacturers often argue that the injured person misused the product or ignored a known danger. Under RSMo 537.765, Missouri applies pure comparative fault to product liability claims. Any fault assigned to you reduces your compensation proportionally but does not bar your recovery, even if you are found partly responsible.
Types of Product Defects
Most product liability claims fall into one of three categories, and each one requires a different kind of proof.
| Defect Type | What It Means | Example |
|---|---|---|
| Design Defect | The entire product line is dangerous because of how it was designed, even when made correctly. | An SUV prone to rolling over during normal turns |
| Manufacturing Defect | The design was safe, but an error during production made a specific unit or batch dangerous. | A batch of tires with improperly bonded tread |
| Failure to Warn | The product had a hidden danger, and the maker failed to provide adequate warnings or instructions. | A power tool sold without a warning about kickback risks |
Identifying the right defect category early shapes which evidence, testing, and professional opinions your claim will need.
Defective Products Behind Serious Injuries
Hollis Law Firm handles claims involving a wide range of consumer and commercial products, including the following:
- Vehicle parts, including airbags, seat belts, tires, and brakes
- Children’s products, toys, car seats, and cribs that can cause a serious child injury
- Appliances, batteries, and electronics that overheat or explode and cause burn injuries
- Power tools, lawn equipment, and industrial machinery linked to amputation injuries
- Implants and other defective medical devices
- Recalled household products, furniture, and exercise equipment
The U.S. Consumer Product Safety Commission maintains a searchable database of product recalls that can help you check whether a product that injured you has been recalled. A recall can support a claim, but you may still have a case even if the product was never recalled.
What a Recall Means for Your Claim
A recall is often strong evidence that a manufacturer knew about a hazard, and it can help show that a product was unreasonably dangerous. Still, a recall does not automatically prove your case. The claim must still show that the recalled defect is the one that caused your injury and that the product was used in a reasonably anticipated way. On the other hand, many dangerous products are never recalled at all, and the absence of a recall does not prevent you from pursuing a claim.
Who Can Be Held Liable for a Defective Product?
Missouri law allows claims against businesses anywhere in the chain of commerce. Depending on the facts, responsible parties may include the following:
Manufacturers
The company that designed or built the finished product is often the primary defendant.
Component Makers
A supplier whose faulty part, such as a valve or battery, caused the failure may share responsibility.
Distributors and Wholesalers
Companies that moved the product through the supply chain can sometimes be named in a claim.
Retailers
The store or online seller may be responsible, especially when the manufacturer is overseas or out of business.
Identifying every responsible party matters because it can affect how much insurance coverage is available to compensate you.
How Hollis Law Firm Builds a Product Liability Case
Our philosophy is simple. We act as your guide, explain your options in plain language, and let you make the decisions about your case. Once you choose a path, we take action and fight for our clients’ rights against manufacturers and their insurers.
When you hire Hollis Law Firm, we work to secure the product and its packaging, gather purchase records and manuals, and research recalls, complaints, and similar incidents. We consult engineers and other qualified professionals to test the product and explain the defect, and we use your medical records to connect the defect to your injuries. Jason Chambers’ scientific training is especially valuable when a case turns on technical or medical evidence. That combination of legal and scientific knowledge is central to how Hollis Law Firm approaches every product case.
Manufacturers often have large legal teams and deep resources. We prepare every case as though it may go to trial, which puts us in a stronger position to negotiate fair compensation.
Manufacturers commonly defend these cases by arguing that the product was altered after it left their control, that the user ignored clear warnings, or that the danger was obvious. Preserving the product in its post-incident condition and documenting exactly how it was used are two of the most effective ways to answer those arguments.
What to Do After a Defective Product Injury
The steps you take after an injury can protect both your health and your ability to prove the product was defective.
Get Medical Treatment
Seek care right away and tell your provider how the injury happened so your records reflect the product’s role.
Keep the Product and Its Packaging
Do not repair, throw away, or return the product. Store it safely along with any packaging, manuals, and labels.
Document Everything
Photograph the product, the scene, and your injuries, and save receipts, order confirmations, and serial numbers.
Avoid Manufacturer Settlement Requests
Some companies offer to replace the product or pay a small amount in exchange for the item or a signed release. Talk to a lawyer first.
Contact a Product Liability Lawyer
An attorney can arrange for proper storage and testing of the product and start preserving evidence from the manufacturer.
Compensation in a Missouri Product Liability Claim
If a defective product injured you, Missouri law may allow you to recover compensation for your financial and personal losses.
| Type of Damages | Examples |
|---|---|
| Economic Damages | Medical bills, future treatment, rehabilitation, lost wages, reduced earning capacity, and property damage |
| Non-Economic Damages | Pain and suffering, emotional distress, disfigurement, and loss of enjoyment of life |
| Wrongful Death Damages | Funeral costs, lost financial support, and the loss of a family member’s companionship in a wrongful death claim |
No attorney can promise a specific outcome. The value of your claim depends on the severity of your injuries, the strength of the defect evidence, and how any comparative fault is assigned.
Statute of Limitations for Missouri Product Liability Claims
Under RSMo 516.120, most personal injury claims in Missouri, including product liability claims, must be filed within five years. Under RSMo 516.100, that period generally begins when the damage is sustained and capable of ascertainment, which matters when an injury appears gradually. Wrongful death claims follow a shorter deadline of three years under RSMo 537.100.
| Personal Injury Claims | 5 years, generally from when the damage is sustained and capable of ascertainment |
| Wrongful Death Claims | 3 years |
Kansas City product liability lawsuits are often filed in the 16th Circuit Court of Jackson County, though some cases against out-of-state manufacturers proceed in federal court. Five years may sound like plenty of time, but the evidence in product cases can disappear quickly, and missing the deadline can permanently bar your claim. Contact Hollis Law Firm as soon as possible after your injury.
Speak With a Kansas City Product Liability Lawyer
Hollis Law Firm has collected more than $100 million for clients in settlements and judgments, and Jason Chambers has spent more than 15 years handling injury claims against individuals and corporations alike. We understand what it takes to hold a manufacturer accountable and to show how a defect changed your life.
If a dangerous product injured you or a family member, call Hollis Law Firm at (800) 701-3672 to schedule a free consultation. We will listen to what happened, evaluate the product and your injuries, and help you pursue the fair compensation you need to move forward.
Frequently Asked Questions About Kansas City Product Liability Claims
Below are answers to some of the most common questions people ask after being hurt by a defective product in Kansas City.
