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Defective product litigation in Missouri

Consumer protection laws exist for a reason: to ensure that corporations do not get so greedy that they endanger the lives of US citizens just to make a dollar. In this sense, manufacturing companies must provide safe products to their customers. If manufacturers fail to do so, either out of willful or accidental negligence, they can be held financially accountable for the accidents, injuries and deaths that result in civil court.

Do I Need an Attorney

If you have been injured in an accident, you may be wondering whether you need an attorney to pursue a claim on your behalf.  Not every case requires an attorney and in some cases, where damages are minimal, an attorney will be of little assistance.  At the same time, questions with regard to the amount your injuries are worth, comparative fault, and hospital liens can make settling a case on your own very difficult.  

Tort Reform

Carson and Coil personal injury attorney, Mark Ludwig penned a letter to the editor which was published in the Jefferson City News Tribune on Sunday, March 22, 2015, on the issue of tort reform.  In his letter, Mr. Ludwig rips through each of the pro tort reform arguments.  

Dangerous toys harm as many as 1 child every 3 minutes

Toy manufacturers and designers have a responsibility to create toys that will not harm children. When they fail in this responsibility, the parents or guardians for the injured children have a right to file a civil lawsuit to seek compensation for medical expenses, pain and suffering, disfigurement and more.

Missouri Supreme Court Reaffirms the Right to Trial by Jury

The Missouri Supreme Court in Lewellen v. Chad Franklin National Auto Sales North, reaffirmed Missouri's Constitutional guarantee of a right to a jury trial in this state. In Lewellen, the trial court reduced a punitive damages award for a plaintiff based upon a 2005 Missouri statute which limited punitive damages to 5 times the Plaintiff's actual damages. The Missouri Supreme Court overturned that reduction.

Are you eligible to file a suit for dangerous pharmaceuticals?

If you have suffered serious injury because of a pharmaceutical product, you may be interested in learning about your rights in Missouri civil court. The fact is that not all pharmaceutical injuries or even deaths are eligible for civil suits, depending on the classification of the drug. Still, dangerous pharmaceuticals should never be allowed to dominate the marketplace, and consumers have the right to question the safety of many medications.

More Coverage Than You Thought?

If you have been injured in a car accident, there be more insurance coverage available than you originally thought. In a recent opinion, the Western District Court of Appeals determined that each separate policy of insurance issued to a driver, must provide at least the state minimum insurance coverage of $25,000 per person and $50,000 per accident. The Court's opinion does not apply to policies written for multiple vehicles under the same policy.

Convict files product liability claim for dangerous Nike shoes

It seems that Nike shoes are not just made for walking - rather, they can also be considered a deadly weapon. Missouri residents who own Jordan footwear may not realize that the apparel has been classified as a deadly weapon in at least one jurisdiction, as members of an Oregon jury found a man guilty of second-degree assault after he beat a man with his shoes. That victim was beaten so badly that he needed plastic surgery to repair his nose. Further, the defendant, an admitted pimp, is accused of beating an 18-year-old prostitute so severely during the incident that she bled from her ears. It remains to be seen whether those victims can be considered injured by a dangerous product in civil court.

Topamax personal injury suit affects Missouri kids

A personal injury case that could affect scores of Missouri residents was finally resolved in October, with a division of Johnson & Johnson being forced to pay millions because its drug Topamax was found to cause birth defects. The verdict was handed down in a Midwestern court late in the month, after a jury decided to compensate a woman whose child was born with a cleft lip after she took the drug during pregnancy. That woman's son, who was born in 2007, has had to undergo multiple surgeries because of the birth defect.

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