537.760. Products liability claim defined. - Missouri Statutes

Products liability claim defined.

537.760. As used in sections 537.760 to 537.765, the term"products liability claim" means a claim or portion of a claim inwhich the plaintiff seeks relief in the form of damages on atheory that the defendant is strictly liable for such damagesbecause:

(1) The defendant, wherever situated in the chain ofcommerce, 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 defective conditionunreasonably dangerous when put to a reasonably anticipated use,and the plaintiff was damaged as a direct result of suchdefective condition as existed when the product was sold; or

(b) The product was then unreasonably dangerous when put toa reasonably anticipated use without knowledge of itscharacteristics, and the plaintiff was damaged as a direct resultof the product being sold without an adequate warning.

(L. 1987 H.B. 700 § 33)

Effective 7-1-87

(1994) Patient's suit for strict product liability against health care provider for implant of defective medical device was not barred by two-year statute of limitations in section 516.105, RSMo, as that section covers all action for malpractice, negligence, error or mistake related to health care which all require some type of fault. Strict liability requires no fault. Bell v. Poplar Bluff Physicians Group, Inc., 879 S.W.2d 618 (Mo.App.S.D.).