The Learned Intermediary Doctrine in Missouri Products Cases
When the duty to warn runs to the prescriber, how the prescriber’s knowledge ends the case, and how federal preemption sits on top of it all In the ordinary products case the manufacturer’s duty to warn runs to the user. Prescription drugs and medical…
Failure-to-Warn Claims Under Missouri Law
Two causation prongs, a read-and-heed presumption that is only a submissibility device, and the one defense the legislature made complete A failure-to-warn claim concedes, for argument’s sake, that the product is soundly designed and correctly built. Its…
Manufacturing Defect Claims Under Missouri Law
Proving that one unit departed from its design—often without the unit, sometimes without an expert, and always against the malfunction doctrine’s limits The manufacturing-defect claim is the narrowest and, in one sense, the most intuitive theory in…
Negligence in Missouri: The Four Elements and How Courts Apply Them
A complete framework for understanding the foundation of every personal injury case in Missouri Missouri Injury & Insurance Law | missouriinjuryandinsurancelaw.com Introduction Every personal injury case in Missouri rests on the…