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Missouri Personal Injury AttorneySt. Louis Injury LawyerHenderson Law, while located in St. Louis, represents the interests of injured individuals throughout the state of Missouri. If you or a loved one suffered an injury through the careless or intentional acts/omissions of someone else, then you may have a personal injury claim. Typically there are three standards of liability in a personal injury claim. They are negligence, strict liability, and intentional. Here is a brief description of each. NegligenceNegligence is the most common standard in personal injury cases. A person or business is negligent if they owed another person a duty of care and then breached that duty of care. Generally, the duty is to act as a reasonable person. However, this standard may become higher depending on the circumstances. Strict LiabilityStrict liability is most often the standard used in a products liability injury case. Strict liability means that a defendant is presumed negligent. In other words, there is no analysis of whether there was a duty or whether that duty was breached. The meat of the analysis under strict liability is whether the product was the cause of the injury and if that injury was a foreseeable use of the product. To be more specific, the basic elements of a strict liability case are:
2. The product was expected to and did reach the consumer without changing substantially in the process. 3. The product was defective at the time it left the control of the defendant. 4. Harm resulted when the product was being used in a reasonably foreseeable manor. 5. The individual injured was foreseeable. 6. The defect in the product was the proximate cause of the injury suffered by the injured individual. IntentionalThere are several different types of Intentional torts. Examples include assault, battery, and false imprisonment. While these causes of action are considered intentional torts, they can be proven with reckless behavior or circumstantial evidence. Comparative FaultMissouri law uses Pure Comparative Fault. This means if a Plaintiff is found 99% at fault and the Defendant is found 1% at fault, the Plaintiff will still recover for his or her injury. However, his or her judgment will be reduced accordingly. For instance, if a jury awards the Plaintiff $100,000 but apportions the fault as described above, then the court will reduce the judgment to $1,000. This is much different than other states that use contributory fault or regular comparative fault. Contributory negligence prevents a Plaintiff from recovering if he or she is even 1% at fault. Regular comparative negligence prevents a Plaintiff from recovering if he or she is more than 50% at fault. As Your Personal Injury LawyerNo matter what standard of liability is at issue, Henderson Law will gather the evidence, witnesses, and research necessary to give you a strong claim and the opportunity to receive the compensation you deserve for your personal injury claim. Here are some examples of cases that Henderson Law, P.C. is capable of litigating for you.
Contact St. Louis Personal Injury Lawyer Mick Henderson at 314.645.4400 or This e-mail address is being protected from spambots. You need JavaScript enabled to view it NO FEE UNLESS YOU RECOVER
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