What We Handle
Product Liability
When a defective product causes injury.
What product liability actually means
Product liability cases arise when a defective product causes injury to a consumer. Missouri law provides a strict liability cause of action under RSMo §§ 537.760–537.765 — meaning you don't have to prove the manufacturer was careless, only that the product was defective and unreasonably dangerous.
There are three types of product defects: manufacturing defects (the product was built wrong), design defects (the entire product line is inherently dangerous), and warning/instruction defects (the product lacked adequate warnings about known risks).
What it takes to have a case
1. Product in Commerce
The defendant transferred the product in the course of business — manufacturer, distributor, or retailer.
2. Defective & Unreasonably Dangerous
The product was defective in its manufacture, design, or warnings, and was unreasonably dangerous when put to its reasonably anticipated use.
3. Causation
The defect directly caused the injury while the product was being used in a manner reasonably anticipated by the manufacturer.
4. Damages
Physical injury, medical costs, lost income, pain and suffering, and property damage caused by the defective product.
What we handle within product liability
Every situation is different. Here are the most common types we see.
Defective Vehicles
Design or manufacturing defects in cars, trucks, or motorcycles — brakes, airbags, seatbelts, steering.
Defective Medical Devices
Implants, surgical instruments, or diagnostic equipment that fail or cause harm.
Dangerous Drugs
Prescription or over-the-counter medications with undisclosed side effects or contamination.
Consumer Products
Household appliances, electronics, children's products, or sporting goods that cause injury.
Industrial Equipment
Defective machinery, tools, or safety equipment used in workplace settings.
Missouri vs. Kansas: the rules that matter
Kansas City straddles the state line. Which state's law applies depends on where the incident occurred.
Missouri
- •Strict liability — RSMo §§ 537.760–537.765
- •No need to prove negligence — defect + causation + damages
- •Statute of limitations: 5 years — RSMo § 516.120
- •Comparative fault limited to misuse, voluntary exposure, or failure to mitigate — RSMo § 537.765
Kansas
- •Common law strict liability and negligence theories (no specific statute)
- •Restatement (Second) of Torts § 402A framework
- •Statute of limitations: 2 years — KSA § 60-513
Not sure which state's rules apply? Tell us where it happened →
What an investigation looks like
Initial conversation — Free. We assess the product, the injury, and identify the chain of manufacture and distribution.
Product preservation — The defective product must be preserved as evidence. Do not discard, repair, or return it.
Expert analysis — Engineers, metallurgists, pharmacologists, or design experts examine the product for defects.
Chain of commerce — Identifying all manufacturers, distributors, and retailers in the product's supply chain.
Demand or filing — Demand to the manufacturer and insurer; petition filed against all parties in the chain.
Resolution — Settlement, mediation, or trial.
What it costs
Yonke Law works on a contingency basis. There is no fee unless we recover compensation for you. The percentage is agreed in writing before any work begins. Your initial consultation is always free. No hourly rates. No retainers. No surprise bills.
What a product liability case is actually worth
There's no honest one-line answer. Value depends on the facts of your situation.
Economic Damages
- •Medical expenses
- •Lost wages
- •Property damage
- •Cost of replacement products or modifications
Non-Economic Damages
- •Pain and suffering
- •Permanent injury or disfigurement
- •Loss of enjoyment of life
- •Emotional distress
A consultation gives you a real assessment based on your situation — not a stock answer.
Who You'll Work With
Michael T. Yonke
AV Preeminent rated. Experience with defective product claims against manufacturers, distributors, and retailers.
Mike founded Yonke Law in 2001 after years of seeing how large firms treated the people they were supposed to protect. Every case at Yonke Law is handled directly by Mike and his team — not passed to associates or outsourced to contract attorneys.
When it comes to product liability, Mike brings decades of focused trial experience, a network of trusted medical and technical experts, and a straightforward approach: understand the facts, build the case, and prepare for trial even if the goal is settlement.
More about Mike and the team →Common questions
Do I need to prove the manufacturer was negligent?
Not in Missouri. Under strict liability (RSMo §§ 537.760–537.765), you only need to prove the product was defective and unreasonably dangerous, and that the defect caused your injury.
What if I was using the product in an unusual way?
Comparative fault may apply if you misused the product — but only if the misuse was not reasonably foreseeable by the manufacturer.
Should I keep the product?
Absolutely. The defective product is the most critical piece of evidence. Do not discard, repair, or return it.
How long do I have to file?
5 years in Missouri (RSMo § 516.120), 2 years in Kansas (KSA § 60-513).
Printable
Personal Injury Checklist
Essential steps to protect your health, your rights, and your claim. Covers what to gather, who to contact, and the deadlines that matter for your product liability case.
Download the checklist (PDF) ↓Or — Walk Through It Digitally
Start Your Case Review
Answer a few questions about your situation. Your responses are saved and become the start of your case file if you proceed.
Start the digital intake →Ready to talk about your product liability case?
Free consultation. No fee unless we recover.
