A 'products liability claim' is a lawsuit where someone says a business sold them a product that hurt them. To count as this type of claim, three things must be true: the business sold the product as part of doing business, the product was used in a normal expected way, and either the product was dangerously defective when sold or it was dangerous without a proper warning.
537.760. defined. — As used in sections 537.760 to 537.765, the term "products liability claim" means a or portion of a claim in which the seeks in the form of on a theory that the is for such damages because:
(1) The defendant, wherever situated in the , transferred a product in the course of his business; and
(2) The product was used in a manner reasonably anticipated; and
(3) Either or both of the following:
(a) The product was then in a when put to a reasonably anticipated use, and the plaintiff was damaged as a direct result of such defective condition as existed when the product was sold; or
(b) The product was then unreasonably dangerous when put to a reasonably anticipated use without knowledge of its characteristics, and the plaintiff was damaged as a direct result of the product being sold without an .
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Source & history notes
(L. 1987 H.B. 700 § 33) Effective 7-01-87
Related Missouri laws
Motion to dismiss, defendant whose only liability is as seller in stream of commerce requirements, procedure
RSMo 537.762
Maximum amount payable from fund
RSMo 537.756
State of the art, defined
RSMo 537.764
Fund money not available for certain purposes, exception
RSMo 537.755
Contributory fault as complete bar to plaintiff's recovery abolished
RSMo 537.765
Exhaustion of fund, claims to be prorated
RSMo 537.750
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.