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Product Liability Lawsuit Stems From Truck Accident

(EMAILWIRE.COM, July 14, 2008 ) Products are recalled everyday and range from simple household items to baby toys and even medical equipment. When a product fails to work properly, manufacturers have a duty to consumers to remove those products from shelves and reimburse them as soon as possible.

What happens when it is too late? What happens when a product has failed to work properly and actually injures someone? Generally, a products liability lawsuit will ensue.

Product liability lawsuits are typically filed after a product has harmed a consumer when it was used in its intended manner. There are three main types of defects that form the basis of a products liability claim. They are:

1. Design defects that occur before the process of production;

2. Manufacturing errors that occur during the process of production; and

3. Marketing misrepresentation, which occurs after production and involves such things as adequate warnings and labels.

Product liability lawsuits can be complicated and often involve several different legal theories. In a recent Missouri product liability claim, three wrongful death suits were filed, all of which stemmed from a truck accident claim.

The truck accident occurred after a truck driver swerved to avoid two other drivers, who lost control of their vehicles. The truck driver, in avoiding the cars, hit a tractor trailer. In the truck were two grandparents and their young grandchild—all three died at the scene. Authorities initially believed the truck accident killed the three decedents.

However, upon thorough examination of evidence, it was found that the accident itself did not kill them, and that the three died because the truck's gas tank was defective and caused a fire. The design defect alleged was that the dangerous fuel system design caused the gas tank to rupture; the rupture then caused the fire, which killed the three inside the truck.

Based on expert testimony and crucial evidence, it was proven that the defective design caused the accident. Evidence supported that the pickup truck occupants survived the highway traffic accident. Meaning, they did not die from the accident itself, but actually died from the ensuing truck fire. Further, proof was established that the fire was caused by the gas tank’s defective design and placement. The truck company was found liable for the resulting deaths.

The case above demonstrates an interesting aspect of product liability claims. Product liability issues may often be overshadowed by other events, such as the truck accident above. It is important to contact an experienced personal injury attorney who will know how to investigate all aspects of a case to get to the root of the claim. For instance, if the attorneys in this case this case hadn’t gone through a thorough examination of the truck, the deaths of these individuals may have been blamed on the truck accident instead of the faulty tank design.

If you or a loved one has been harmed by a defective product, it is to your benefit to contact an experienced personal injury lawyer with the know-how, reputation and drive to successfully represent injured clients. The attorney you choose to represent you can greatly impact the outcome of your claim.

To learn more about products liability claims, go to

John Page, a Missouri personal injury attorney, is a partner at Page//Cagle law firm. He is dedicated to standing up for those injured at the hands of others and has spent the entirety of his career handling personal injury claims. He has years of experience dealing with personal injury lawsuits.

John encourages victims and their families to contact him for a free consultation. He can be reached through an online contact form found on his website at

Page || Cagle is located at 1232 Washington Ave., Suite 220, St. Louis, MO 63103. You can reach John by calling 314.322.8515 or toll free at 1.800.500.4658. Email

The choice of a lawyer is an important decision and should not be based solely upon advertisements.

Page Cagle
John J. Page


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