Brian S. Franciskato
Top rated Products Liability attorney in Kansas City, Missouri
Nash & Franciskato Law Firm
Practice areas: Products Liability, Personal Injury; view more
Licensed in Missouri since: 1993
Education: University of Missouri School of Law (Columbia)
Selected to Super Lawyers: 2008 - 2026 Call today:
816-429-1084
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2300 Main StreetSuite 170
Kansas City, MO 64108 Visit website
Details 
With over three decades of experience in representing clients through the uncertain times of litigation, Brian S. Franciskato approaches each case with a deep passion for advocating for victims of personal injury. Through his practice, he ensures their rights and interests are protected in court. An experienced litigator, he serves clients across Missouri and Kansas from his office at Nash & Franciskato Law Firm in Kansas City, Missouri. He represents clients in all personal injury cases with a focus on products liability.
Concentrating on holding manufacturers, wholesalers and retailers accountable for dangerous goods, Mr. Franciskato centers his practice on proving strict liability, negligence or breach of warranty. He meticulously investigates design flaws, manufacturing defects and failure-to-warn issues. By collaborating with engineering and medical experts, he builds airtight cases to secure suitable compensation for injuries caused by defective consumer items, medical devices or vehicles.
Graduating from William Jewell College with a bachelor’s degree in administration, Mr. Franciskato pursued his legal studies at the University of Missouri School of Law. During law school, he received the American Jurisprudence Award in pretrial litigation and practice. Upon receiving his Juris Doctor in 1993, he was admitted to The Missouri Bar. In the following year, he also obtained his license to practice in Kansas. His compassion and dedication to tirelessly advocating for clients' rights ensure that they receive the compensation and justice they are entitled to.
An active member of the legal community, Mr. Franciskato serves on the board of directors of the Missouri Association of Trial Attorneys. He is also a member of the American Association for Justice and the Kansas City Metropolitan Bar Association. He constantly tries to keep up with the latest developments in the field through these memberships, making sure that his clients receive the representation they deserve.
Practice areas
Personal Injury - Products: Plaintiff, Personal Injury - General: PlaintiffFocus areas
Medical Devices, Motor Vehicle Accidents, Personal Injury - Plaintiff, Pharmaceutical, Premises Liability - Plaintiff, Trucking Accidents, Wrongful Death
- 70% Personal Injury - Products: Plaintiff
- 30% Personal Injury - General: Plaintiff
First Admitted: 1993, Missouri
Professional Webpage: https://www.nashfranciskato.com/about/our-attorneys/brian-s-...
Bar / Professional Activity
- American Association of Justice (2003- present; Executive Committee, Board of Governors and Presidents Club Member; Membership Chairperson; Product Liability Section (Incoming Chairperson), Member; Medical Device Litigation Section, Member; Orthopedic Implant Litigation Group, Member; Electronic Discovery Litigation Group, Member)
- Pound Civil Justice Institute, Member Fellow
- Lawyers Encouraging Academic Performance (LEAP)
- Missouri Trial Lawyers Care (Mo-TLC)
- Orthopedic Device Litigation Group
- U.S. District Court District of Kansas
- U.S. District Court Eastern District of Missouri
- U.S. District Court Western District of Missouri
- Kansas, 1994
- Missouri, 1993
- Missouri Association of Trial Attorneys, Board of Governors, 2004-present
- The Missouri Bar Association, Civil Practice and Tort Law Committees, 1993- present
- Kansas City Metropolitan Bar Association, 1995-present, Leader of the Bar; Sustaining Member, Torts Law Committee (Chairman), Solo and Small Firm Committee
- Kansas Bar Association (1994- present)
- Kansas Trial Lawyers Association, Member.
Verdicts / Settlements (Case Results)
- Over $170 Million combined settlements against manufacturers of defective knee and hip replacements., 2025
- $1.9 Million Wrongful Death Automobile Accident Settlement. Our 70-year-old client was crossing a 4 lane divided highway on his way to church, when he was violently struck by a driver who was driving 79 mph (in a 40 mph speed limit) while weaving in and out of traffic. Our client suffered serious life-threatening injuries, resulting in his death approximately an hour later. Our investigation revealed the defendant driver had extremely high levels of marijuana in his blood. Furthermore, the investigation revealed the defendant driver was conducting an errand for his employer at the time of the accident. We alleged the employer was liable for the driver's conduct., 2019
- $1.3 Million Settlement for Motorcyclist. Our client was riding his motorcycle on a highway in rural Kansas and a semi-truck pulled out in front of him causing him to lay his bike down and crash into the flat-bed trailer being pulled by the truck driver. He sustained severe injuries to his pelvis and legs., 2017
- $ 1 Million Settlement- Client was travelling on the interstate when he suddenly came upon a semi-tractor trailer that was illegally stopped in the middle of the interstate. The client slammed on his brakes but was unable to avoid crashing into the rear of the parked semi. The client sustained severe injuries to his feet and legs., 2011
- $6.5 Million Jury Verdict. in Jackson County Missouri against the Kansas City Missouri Board of Police Commissioners for the wrongful termination of a Kansas City, Missouri police officer. NOTE: The verdict was reduced on appeal to an award of $500,000 plus attorneys' fees., 2010
- $2.4 Million Wrongful Death Settlement for Employee who, while working on a cell tower, fell 600 feet while riding in a bucket that was negligently rigged by his employer in violation of OSHA regulations., 2009
- $ 2 Million Settlement: Our client was on a bicycle ride with her 11 and 3 year old daughters. She was pulling the 3 year old in a bicycle trailer. Our client was walking her bicycle across an intersection, within the crosswalk, when a truck driver failed to yield and turned right on a red light, striking our client, killing her instantly. The case settled before a lawsuit was filed for $2,000,000., 2008
- $1.1 Million Settlement for severe personal injuries against trucking company where the truck driver had falsified his log books., 2007
- $2.5 Million Wrongful Death Arbitration Award against the Missouri Highway and Transportation Commission for inadequate signing in a construction zone., 2006
- $3.125 Million Wrongful Death Judgment arising out of an automobile collision in which defendant driver crossed the center line and collided with plaintiff., 1997
- Confidential Settlement for Wrongful Death Suicide- Client's son committed suicide while serving in the U.S. military in Afghanistan. Nash and Franciskato filed a lawsuit for wrongful death alleging that the suicide was caused by an adverse reaction to an anti-malaria drug. The case settled for a confidential amount at mediation., 2013
- $400,000 Settlement. Client was driving a truck owned by his employer when he was struck from behind while stopped at a red light. He sustained a herniated disk in his neck which required surgery. A claim was made against the driver and the client's employer's underinsured motorist coverage., 2010
- $270,000 Settlement against Landlord for failure to maintain working smoke detectors in Government Assisted Housing resulting in the death of 2 children., 2009
- $725,000 Settlement against a Restaurant & Bar for negligently serving alcohol to a minor patron who was severely injured in an automobile accident after leaving the premises., 2008
- $120,000 Settlement against manufacturer of defective pain pump system used in a bunionectomy surgery., 2008
- $220,000 Settlement against manufacturer of defective safety cover and valve mechanism of an irrigation system which exploded and caused permanent injuries to the clients eye and arm., 2007
- $560,000 Settlement for a client who sustained a head injury in an automobile accident when struck from behind by a semi-tractor trailer., 2006
- $450,000 Settlement against a restaurant for defective handrails and inadequate lighting when a client fell and broke her hip., 2005
- $500,000 Wrongful Death Settlement against highway construction contractors for improper road signs and inadequate traffic control., 2005
- $175,000 Settlement in a premises liability case where an elderly client fractured her hip when she fell down stairs that had an inadequate handrail., 2004
- $350,000 Settlement against government contractors for claims of interference in business contract and misrepresentation., 2003
Representative Clients
- We represent individuals who have been seriously injured or killed as a result of the negligence of another individual or multi-billion-dollar corporations. This includes cases involving trucking accidents and defective medical devices throughout the United States.
Pro bono / Community Service
- Member of American Association of Justice's Trial Lawyers Who Care Committee
- Annual Sponsor of Lawyers Encouraging Academic Performance
- Annual Sponsor of the Lee's Summit Education Foundation
- Lee's Summit Soccer Association Board Member- The Lee's Summit Soccer Association (LSSA) is dedicated to providing the youth of Lee's Summit with the opportunity to play soccer. We offer opportunities for every player living in the Lee's Summit Community - youth and adult, recreational and competitive, servicing over 2400 participants a season.
- Sponsor and Member of Justice for Missouri Families
- Member of Missouri Trial Lawyers Who Care (Mo-TLC).
- Annual Sponsor of the Kansas City Blanket Project for the Homeless
- Annual Sponsor and Member of the Red Cross Emergency Disaster Relief Response Team providing legal services to victims of natural disasters.
Educational Background
- William Jewell College, B.A. in History, Political Science, and Philosophy. Honors: Summa Cum Laude; Dean's List, Mortar Board; Eons (Senior Honorary), Oxford Overseas Honor Study, Oxford, England (1989), Phi Beta Kappa, 1990
White Papers
- LEGAL PRINCIPLES IMPACTING OLDER PRODUCT LIABILITY CLAIMS Statute of Repose imposes a hard deadline in product liability cases. The plaintiff must file a claim within a certain period of time based on the actions of the manufacturer. You usually have 10 to 15 years. State of the Art is the affirmative defense of the defendant manufacturers when they are trying to escape liability, that the product adhered to: Industry custom and practice at the time of manufacture Safest existing technology that has been adopted for use at the time of manufacturer Newest technology at the time of manufacture Ways to prove a defendant’s product was not state of the art include (but not limited to): Industry standards Governmental regulations Investigating other similar incidents Discovery of prior claims and/or litigation Post-Sale Duty to Warn. When a design defect is present at the time of sale, the manufacturer has a duty to take reasonable steps to warn at least the purchaser of the risk as soon as the manufacturer learns or should have learned of the risk. Restatement 3rd, Section 10 provides. One engaged in the business of selling or otherwise distributing products is subject to liability for harm to persons or property caused by the seller’s failure to provide a warning after the time of sale or distribution of a product if a reasonable person in the seller’s position would provide such a warning. The standard governing liability of the seller is an objective reasonable person standard, which is traditionally applied in negligence cases. Thus, the party’s conduct, under the circumstances may be reasonable and another’s unreasonable. Each defendant’s actions and their independent knowledge will have to be explored to evaluate liability., Is My Product Too Old for a Product Liability Case? How to Handle Older Product Defect Cases, American Association Of Justice, 2022
Scholarly Lectures / Writings
- Brian Franciskato and his paralegal, Amanda Cryderman, presented to the AAJ Paralegal Affiliates and specifically discussed how a paralegals activities prior to depositions, during a depositions and post deposits are essential to advancing the clients' product liability case., Faculty/Presenter, Paralegals are Essential to Depositions: Working Together for the Best Results, American Association for Justice, American Association Of Justice Paralegal Affiliates, 2025
- PRODUCT LIABILITY PRESENTATION AT AAJ ANNUAL CONVENTION Brian discussed two considerations when deciding whether to take an older product liability case including: Product age. If the product is 10, 20 or 30 years old, has it been altered? Will evidence still exist? What are the theories of liability? How much will it cost? Viable defendants. Is the manufacturer still in existence? What about the distributor company, designers/consultants/surgeons/engineers? Sales reps and others? LEGAL PRINCIPLES IMPACTING OLDER PRODUCT LIABILITY CLAIMS Statute of Repose imposes a hard deadline in product liability cases. The plaintiff must file a claim within a certain period of time based on the actions of the manufacturer. You usually have 10 to 15 years. State of the Art is the affirmative defense of the defendant manufacturers when they are trying to escape liability, that the product adhered to: Industry custom and practice at the time of manufacture Safest existing technology that has been adopted for use at the time of manufacturer Newest technology at the time of manufacture Ways to prove a defendant’s product was not state of the art include (but not limited to): Industry standards Governmental regulations Investigating other similar incidents Discovery of prior claims and/or litigation Post-Sale Duty to Warn. When a design defect is present at the time of sale, the manufacturer has a duty to take reasonable steps to warn at least the purchaser of the risk as soon as the manufacturer learns or should have learned of the risk. Restatement 3rd, Section 10 provides. One engaged in the business of selling or otherwise distributing products is subject to liability for harm to persons or property caused by the seller’s failure to provide a warning after the time of sale or distribution of a product if a reasonable person in the seller’s position would provide such a warning. The standard governing liability of the seller is an objective reasonable person standard, which is traditionally applied in negligence cases. Thus, the party’s conduct, under the circumstances may be reasonable and another’s unreasonable. Each defendant’s actions and their independent knowledge will have to be explored to evaluate liability., Faculty Presenter, Is My Product Too Old for a Product Liability Case? How to Handle Older Product Defect Cases, American Association for Justice: Annual Convention, Product Liability Trial Attorneys, 2022
- As a member of the Florida Plaintiff's Steering Committee, Mr. Franciskato provided a litigation update on the status of the consolidated Exactech litigation in Florida. Specifically, Mr. Franciskato updated the attorneys on the Electronic Stored Information (ESI) Protocol and the nuances of the agreed upon protective order. , Faculty Presenter, Exactech Litigation Update, Mass Torts Made Perfect (MTMP), Attorneys Handling Claims Against Exactech, 2022
- As Co-Lead Counsel of the consolidated proceedings in Minnesota, Brian supplied an update to attorneys across America regarding the status of the litigation and discovery., Faculty Presenter, Covidien Hernia Mesh Update: War in Medtronic's Backyard, Harris Martin Publications, Hernia Mesh Product Liability Attorneys, 2022
- Mr. Franciskato gave a presentatoin for members of teh KCMBA Tort Law Group regarding the legal issues surrounding Medicare and Medicaid Lins, ERISA and Health Insurance Subrogation Rights, Hospital Liens, and Workers Compensation Liens., Faculty, Personal Injury Nuts and Bolts: Navigating Liens and Subrogation Issues, Kansas City Metropolitan Bar Association, Kansas City Metropolitan Bar Association, 2016
- Mr. Franciskato served as a faculty member providing an update on the law regarding hearsay objections and their exceptions for seasoned trial attorneys., Served as Faculty Lecturer, "Hearsay Objections and Exceptions", National Business Institute, Trial Attorneys, 2014
- Mr. Franciskato authored a legal treatise published by the Missouri Bar regarding use and admissibility of scientific evidence in Missouri cases., Author, Missouri Bar Evidence Deskbook: "Chapter 20: Scientific Evidence", Missouri Bar Publications, Missouri Attorneys, 2010
- Mr. Franciskato serves as an annual lecturer regarding updates on new statutes in Missouri and Kansas that effect liability in personal injury cases. , Author and Lecturer, Plaintiff's Personal Injury: Statutes That Effect Liability, NBI,Inc., Personal Injury Attorneys, 2010
- Mr. Franciskato lead a discussion group with member of the legal, medical and scientific community regarding presenting expert witness testimony at trial, from the plaintiff's perspective., Lecturer, Working with Expert Witnesses: The Plaintiff's Attorney's Perspective", Humantec Engineering Group, Medical And Scientific Expert Witnesses, 2009
- Mr. Franciskato discussed various litigation strategies to Abe utilized in cases against manufacturers of defective knee and hip implants, including effective methods of suing local sales representatives and distributorships in State Court venues., Faculty Member, Litigation Strategies in Personal Injury Cases Against Manufacturers of Defective Knee and Hip Implants, American Association of Justice, Attorney Member Of The American Association Of Justice, 2009
- Served as Continuing Education Staff Lecturer discussing tax consequences of settlements, division of settlement proceeds among spouses, approval of minor settlements and attorneys liens., Author and Lecturer, Dealing with Tax Consequences, Divorces, and Attorneys Liens in Settlements of Personal Injury Cases, NBI, Personal Injury Plaintiffs' Attorneys, 2008
- Mr. Franciskato presented on how attorneys can maximize their injured client's recovery from settlements by negotiations and dealings with lien holders and insurance companies claiming a subrogation interest., Author and Lecturer, Obtaining the Best Settlement for Personal Injury Clients: Work Effectively with Subrogations, Reimbursements, Liens, and Privileges”, NBI, Inc., Personal Injury Attorneys, 2008
- Served as Continuing Legal Education Staff Lecturer regarding issues related to automobile accident personal injury litigation., Author and Lecturer, Nuts and Bolts of Automobile Accident Cases, Kansas City Metropolitan Bar Association, Personal Injury Attorneys, 2006
- Mr. Franciskato served as an author and lecturer regarding the updated Federal Court Rules and Procedures in Kansas. , Author and Lecturer, A Practical Guide to Federal Court Rules and Procedures in Kansas, NBI, Inc., Kansas Attorneys, 2003
Other Outstanding Achievements
- COVIDIEN HERNIA MESH LITIGATION, FRANCISKATO NAMED CO-LEAD COUNSEL Brian Franciskato, trial lawyer and partner, has been named Co-Lead Counsel of the Covidien Hernia Mesh Litigation in Minnesota. In his role as co-lead counsel, Mr. Franciskato will attend the status conferences and other hearings, submit all motions and matters, and lead the implementation of the litigation plan. These duties are incredibly important to continue moving the case along in order to help patients get compensation for their faulty hernia mesh., 2022
- FRANCISKATO NAMED MEMBER OF PLAINTIFF STEERING COMMITTEE, EXACTECH HIP KNEE AND ANKLE LAWSUITS Brian Franciskato, trial lawyer and partner, has been named a member of the Plaintiff Steering Committee for the consolidated Exactech lawsuits in Florida’s Eighth Judicial Circuit for recalled hip, knee and ankle implants. A Plaintiff Steering Committee (PSC) includes attorney members of the State Court consolidated proceeding in Florida who are appointed to lead the common interests of all plaintiffs. Franciskato serves on the Discovery Committee which is responsible for developing the discovery protocol for Electronically Stored Information (ESI). He also serves on the Expert Witness committee, which is responsible for obtaining scientific experts, including orthopedic surgeons, pathologist and bio-materials experts., 2022
- Listed by Missouri Lawyers Weekly for obtaining the 12th highest verdict in 1997 for a wrongful death claim resulting in a $3.125 million judgment
Honors
- Brian Franciskato received the Distinguished Service Award. This Award recognizes members of the AAJ’s Board of Governors who, during the past year, have been of special assistance to the President of the Association. Brian served on AAJ's Executive Committee, The Membership Oversight Committee (Chairperson), Product Liability Section Executive Committee (Vice-Chair), Trial Lawyers Care Committee, Committee on the Judiciary, Public Affairs Committee, Legal Affairs Committee, and the Paralegal Affiliates Committee., Distinguished Service Award, American Association of Justice, 2024
- Attorney Brian Franciskato received the President’s Award from the American Association of Justice in July at the 2023 Annual Convention in Philadelphia, PA. He was also named Chairperson for the Membership Oversight Committee, in which he oversees the membership of the American Association of Justice, the largest trial lawyers association in the world, consisting of over 20,000 members., President's Award, American Association of Justice, 2023
- For the second year, attorney Brian Franciskato received the American Association of Justice’s Distinguished Service Award at the 2022 AAJ Annual Convention in Seattle, WA, held in July. The AAJ promotes justice and fairness for injured persons, safeguards victims’ rights and strengthens the civil justice system. The Distinguished Service Award recognizes members of the AAJ’s Board of Governors who, during the past year, have been of special assistance to the President of the Association., American Association of Justice- Distinguished Service Award, American Association of Justice, 2022
- Nash & Franciskato Law Firm was recognized for its contribution to the Evergreen Fund. The Evergreen Fund is a way for AAJ Members to support the organization’s continued growth and strength. Launched in 2013, and since its inception, this program has been crucial to raising funds to protect the civil justice system for our clients., Evergreen Award, American Association of Justice., 2022
- Brian Franciskato, received the Distinguished Service Award during the American Association of Justice’s (AAJ) Annual Convention in Las Vegas. The Distinguished Service Award recognizes members of the AAJ’s Board of Governors who, during the past year, have been of special assistance to the President of the Association. FRANCISKATO CONTINUES TO SERVE AAJ A member of the AAJ for the majority of his career, Brian continued to work for the organization, serving on: The Committee on the Judiciary. This committee is charged with helping identify potential federal judicial candidates who are qualified, compassionate, and who believe in the right to a jury trial. The Membership Oversight Committee. This committee is charged with recruiting new, young, and diverse members to the organization. Trial Lawyers Care Committee (TLC). TLC is an initiative to encourage, recognize, and organize trial lawyers who contribute to their communities through volunteer and charitable activities that serve the public good. Public Affairs Committee. This committee is charged with identifying laws, rules, regulations, and court opinions that impact the right to a jury trial and organizes members’ efforts to promote good laws and oppose laws that restrict individuals’ civil rights and access to the courtroom. Products Liability Section Executive Committee. The Products Liability Section concentrates on all consumer products, including automobiles, toys, electronics, and medical devices. The Section addresses legislation and cases affecting product liability laws, safety rules, and regulations. It publishes a bi-monthly journal, The Products Liability Law Reporter, for its members, American Association of Justice- Distinguished Service Award, American Association of Justice, 2021
- National Trial Lawyers Association - Top 100 Lawyers in Missouri (2013 to present), Member- Top 100 National Trial Attorneys, National Trial Attorneys Association
- Lifetime Member Multi-Million Dollar Advocates, Member- Multi-Million Dollar Advocate, Multi-Million Dollar Advocates
- Best of the Bar - Selected as a Top Attorney in the Kansas City Metropolitan area for excellence in representing clients in serious personal injury, products liability and wrongful death cases., Member- Best of the Bar Top 50 Trial Attorneys, K.C. Business Journal, 2013
- Kansas City Legal Leaders Award for Law Firm Pro Bono Legal Activity in the community., Law Firm Pro Bono Legal Leader Award, The Daily Record and Missouri Lawyers Weekly, 2008
- Fred L. Howard Award for Excellence in Advocacy, University of Missouri-School of Law
- Order of the Barristers Award, University of Missouri of Columbia- School of Law
- Member of the National Environmental Law and Policy Review, University of Missouri-Columbia School of Law
- American Jurisprudence Award for Pre-Trial Litigation and Procedure, University of Missouri-Columbia School of Law
- National Environmental Law Moot Court Team, University of Missouri-Columbia School of Law
- Member of the Board of Advocates, University of Missouri-Columbia School of Law
Office location for Brian S. Franciskato
2300 Main Street
Suite 170
Kansas City, MO 64108
Phone: 816-429-1084
Selections
19 Years Super Lawyers
- Super Lawyers: 2008 - 2026
