St. Louis Personal Injury Attorney

Missouri and Illinois Accident Injury Lawyer

Henderson & Waterkotte, P.C., while located in St. Louis, represents the interests of injured individuals throughout the state of Missouri and Illinois. If you or a loved one was injured by the careless or intentional acts/omissions of someone else, then you may have a claim for personal injuries.

Typically, there are three standards of liability in a personal injury claim. They are negligence, strict liability, and intentional.

Negligence

Negligence 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 Liability

Strict liability is most often the standard used in products liability cases. 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 essential 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:

  • Defendant was in the business of producing or selling the product.
  • The product was expected to and did reach the consumer without changing substantially in the process.
  • The product was defective at the time it left the control of the defendant.
  • Harm resulted when the product was being used in a reasonably foreseeable manner.
  • The individual harmed was foreseeable.
  • The defect in the product was the proximate cause of the harm suffered by the injured individual.

Intentional

There 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 Fault

Missouri 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. 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 modified comparative fault. Contributory negligence prevents a Plaintiff from recovering if he or she is even 1% at fault. Modified comparative negligence under the 50 percent bar rule prevents a Plaintiff from recovering if his or her fault is 50% or more. Modified comparative negligence under the 51 percent bar rule prevents a Plaintiff from recovering if his or her fault is 51% or more.

As Your Personal Injury Lawyer

No 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 injuries. Here are some examples of cases that Henderson & Waterkotte, P.C. is capable of litigating for you.

Contact Henderson & Waterkotte, P.C. at 314.645.4400

NO FEE UNLESS YOU RECOVER

Visit FAQ for more information on Contingent Fee Representation