Product Liability Economic Damages Expert in Missouri

By Christopher Skerritt, M.Ed., MBA, Chief of Economic Services · Published · Reviewed

KW Economics prepares economic damages analyses for product liability cases venued in Missouri: the components the loss claim consists of, the records that drive them, and a present value built to Missouri's damages rules and venues. Plaintiff and defense.

A product liability economic claim measures lost earnings and benefits, household services, and the present value of future care, or the survivors' loss when the injury was fatal, built from the injured person's own path rather than from an occupation the product happened to involve. Read the full product liability analysis guide.

Missouri courts and expert standards

Missouri courts screen expert testimony for reliability: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by stating its assumptions and naming the source of every rate and table.

Where these cases are heard

Highest court: Missouri Supreme Court. Federal venues: E.D. Mo., W.D. Mo. Court system: courts.mo.gov.

Outside the civil courts, wage-loss disputes in workers' compensation matters proceed before the Missouri Division of Workers' Compensation.

Damages framework

Missouri pairs a wrongful death action for the survivors' pecuniary losses, services, companionship, and the decedent's pre-death suffering with a survival action where death resulted from another cause, and the value of medical treatment is proved by the amounts actually paid or still owed rather than the amounts billed. Pure comparative fault reduces the award in proportion, the common-law collateral source rule otherwise applies, and prejudgment interest in tort turns on a written settlement offer that the judgment then exceeds.

How the analysis is built

The same four steps apply to a product liability case venued in Missouri; the damages framework above decides which components enter the total.

  1. Establish the but-for path from the earnings history or, for a child, student, or homemaker, from the educational path, occupational data, or the household work performed.
  2. Draw the post-injury path from actual earnings and the work-capacity opinions, and project both paths over the applicable worklife or life expectancy with growth.
  3. Value household services from time-use data and local rates, and price future care from the life care plan with category-specific cost growth.
  4. Discount every stream to present value at a stated rate and, where there are multiple claimants, apply one documented methodology to each record.

Attorney guides for product liability cases

Other case types in Missouri

Frequently asked: product liability cases in Missouri

Which Missouri courts hear product liability cases?

Product Liability cases venued in Missouri are heard in the Circuit Court (General jurisdiction; 46 judicial circuits; all civil, criminal, domestic, and probate matters). Final appeals run to the Missouri Supreme Court. Matters within federal jurisdiction proceed in the United States District Courts for the Eastern District of Missouri and Western District of Missouri.

How does Missouri's damages framework shape the economic analysis?

Missouri pairs a wrongful death action for the survivors' pecuniary losses, services, companionship, and the decedent's pre-death suffering with a survival action where death resulted from another cause, and the value of medical treatment is proved by the amounts actually paid or still owed rather than the amounts billed. Pure comparative fault reduces the award in proportion, the common-law collateral source rule otherwise applies, and prejudgment interest in tort turns on a written settlement offer that the judgment then exceeds. Missouri courts screen expert testimony for reliability: the judge asks whether the economist is qualified, whether the opinion rests on sufficient facts and reliable principles and methods, and whether those methods were reliably applied to the case. A damages report meets that inquiry by stating its assumptions and naming the source of every rate and table.

More questions about product liability analysis

References

Request a consultation on product liability cases in Missouri or call (201) 343-0700. Plaintiff and defense counsel.