Missouri Injury Lawyers Blog

Almost every week there is some product that has been recalled because the manufacturer has discovered there were problems with the product or because consumers have reported problems. It is difficult to keep up with all the product recalls and sometimes even with the recall products will still be sold from stores before all the products can be removed.

If you have a concern regarding a specific product, or want to research a category of products to avoid, such as defective children's toys, you can make these searches at the US Consumer Product Safety Commission website. From this website you can check the recalls by product type, company, product description, type of hazard, country or by month and year.

Remember if you become aware of a product that is dangerous you should report it to the CSPC as soon as possible so they can take action. Reports to the CSPS may be made to websafety@cpsc.gov.

The Missouri Child Identification Program, also known as MOCHIP, helps parents gather and prepare a packet of information to be used if their child ever goes missing. Program workers set up clinics at Masonic Lodges around the state. These information packets contain a photograph of the child, fingerprints, dental records and more and are provided at no cost to the parents. The packets also contain a disc that the police can upload directly into the Missouri Amber Alert system to help find a missing child.

To find a MOCHIP clinic near you, visit their website's calendar of events.

A recent Missouri Court of Appeals decision reminds us that contracts entered into over the internet may bind us to certain terms and conditions in the same manner as if signing a paper contract. In a appeal from a Greene County Missouri Circuit Court, the Southern District held that the website terms which included liability limitations and disclaimers, a Colorado choice of law provision and a forum selection clause limited to Denver County, Colorado, was enforceable. Major v. McCallister and Kalupto Creations, LLC and ServiceMagic, Inc., Case No. SD29871, (Mo. App. S.D. Dec. 23, 2009).

Appellant Major used ServiceMagic's website, which offered free referrals to prescreened construction contractors, to search for someone to remodel her Springfield, Missouri home. The website process involved a series of computer screens or web pages, each hyperlinked to ServiceMagic's terms and conditions. Although Major did not read the terms, she continued through the website and clicked the "submit for matching pros" button. That button was next to a notice that stated "By submitting you agree to the Terms of Use."

When Major became dissatisfied with the contractors hired through the website, she filed suit against them in Greene County, Missouri. Both the Circuit Court and the Court of Appeals held that Major was bound by the terms of the contract which required any lawsuit to be brought in Colorado--Not Missouri. "Failure to read an enforceable online agreement, as with any binding contract, will not excuse compliance with its terms." Id.