Defective Products Lawyer in Antonia, MO.
Defective Products Lawyer in Antonia, MO. If you or a loved one sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Antonia, MO immediately at or fill out our online form for a complimentary case evaluation.
Think of what you do every day: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your car, sit at in a chair or work around heavy machinery, and/or use your android throughout the day. You may go 4-wheeling on the weekend. You may even have a knee replacement or other medical device. It seems we're always using or surrounded by some sort of product that had to be engineered, manufactured, shipped and sold. When there is a mistake in that process and a product becomes dangerous, it can cause severe harm to you and your Antonia, MO family. When that happens to you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to stand by your side and secure you the maximum compensation you deserve.
In our In our 30 years of experience fighting for fairness and justice, we have delivered our clients in Antonia and beyond more than $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Antonia, MO immediately at .
If you were injured by a dangerous product in Antonia, MO, learn the true value of your claim by using our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Antonia, MO:
- FDA Recall List and Safety Alerts
- Consumer Products Safety Commission Recall List
- U.S. Department of Transportation Motor Vehicle Recall List
- What to Do if You're Injured by a Dangerous Product?
- Can I Sue a Company if Their Product Gave Me Cancer?
- Can I Sue for a Defective Car Part if it Caused My Accident?
How Common Are Defective Products in Antonia, MO?
The Consumer Product Safety Commission estimates that faulty products cause more than 29 million injuries and 21,000 deaths annually.
According to statistics from the Insurance Information Institute, in 2019 the mean average that juries awarded plaintiffs in product liability claims was over $7 million, while the median was $2 million. That shows the extreme devastation that can be caused when manufacturers and distributors do not follow adequate safety protocols.
If you or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in Antonia, MO for empathetic, devoted and talented support and legal representation.
How Defective Products Claims Work in Antonia, MO
Pursuant to Missouri Revised Statute §537.760, you and your Antonia, MO defective products lawyer can can hold a person or company responsible for your damages if three factors are true:
- The company was involved in the product's chain of distribution.
- The product was used in a manner logically foreseen.
- Either or both of the following conditions:
- The product was in a defective condition that was unreasonably hazardous when it left the manufacturer's or vendor's that was the proximate cause of your injuries, and/or
- Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.
The "chain of distribution" refers to anyone involved in the product from initial conception to purchase, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the lawsuit if:
- You discover who the manufacturer is, it has not closed their business and is able to compensate you for the entirety of your injuries.
- The vendor signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- There is no evidence is brought in front of the court that the distributor was involved in any other facet of the chain of distribution.
- The dismissal is requested to the judge within 60 days.
If the above conditions are met, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise responsible for the hazardous condition or the manufacturer is unable to pay for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every to-blame party is held responsible.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be completely understood before use by the consumer. This defense is only applicable to for failure to warn defective products cases, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury claims in Antonia, MO are based on the idea of negligence. We all have a duty to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Antonia, MO roads. When someone fails in that obligation, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found accountable for your damages and would owe you compensation.
By contrast, most product liability or hazardous products cases are determined by strict liability, meaning that a designer, manufacturer or vendor is accountable for any injuries that stems from the reasonable use of a product, irrespective of negligence. According to jury instruction revisions made by the Missouri Supreme Court, defendant's in a product liability case may be held to the strict liability standard if you and your Antonia, MO defective products lawyer can demonstrate that the product was "unreasonably dangerous" — meaning it is unsafe when used as intended or in a foreseeable way — when it left the manufacturer's or distributor's control.
Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:
- Design Defect: A design defect is an inherent defect in the design that afterwards passes the flaw to all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
- Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either only make one product faulty, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. An example could be incorrectly installing wires or electrical components or a swing set with a cracked chain.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product typically does not have to warn against risks that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to incentivize corporations to implement comprehensive safety procedures for verifying that their products will not put the people who use it at risk. However, too often corporations do not respect their obligation to make safe products and try to focus more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Antonia, MO will hold them responsible by conducting a full investigation of your case and demanding only complete compensation.
Comparative Negligence in Defective Productions Claims in Antonia, MO
Manufacturers, vendors and anyone else in the chain of distribution will often rely on the theory of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for the defendants to argue that you share a portion of your injuries and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for the accident, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to get out their obligation to pay you for the damage their product did to you. Your Antonia, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative negligence if the following situations apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. By contrast, if you put wheels on a chair and are injured racing it down the street, you likely do not have a claim because the manufacture would not be expected to foresee that happening.
- You used the product in a way the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can significantly lower it. Suppose you crash a car while driving 40 miles per hour over the speed limit and the brakes do not work as well as they should. The manufacturer could reasonably foresee someone doing that, but will not be completely responsible because you were being reckless.
- You used the product while aware of a reasonable level of danger associated with the use. This is often called as "Assumption of the risk," a theory in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
- You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You neglected to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you obeyed proper protocols.
- You did not mitigate your damages. In any personal injury claim, you have a duty to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. The defense may say you have no right to ask them for money they do not owe you.
Just because the defense can — and will — try to convince the court that comparative negligence applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies employ a variety of dishonest ruses to try and devalue your claim, but your Antonia, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the compensation you collect, and you owe us nothing until we win your case. Get in touch with Burger Law today at for legal advocacy that parallels and surpasses that of bullying manufacturers and vendors and insurance adjusters.
Defective Vehicle Parts Lawyer in Antonia, MO
Our defective products lawyer team sees in Antonia, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and fail to protect drivers and passengers from harm as intended. Common faulty motor vehicle parts we see are:
- Windshield wipers
- Steering systems
- Headlights and taillights
Alternative vehicles like ATVs can also cause harm, for instance if a design defect gives them a heightened propensity to rolling over.
Your Burger Law defective products lawyer has extensive experience investigating car accident claims and injuries and will consult with experts to determine if your accident was the fault of a faulty vehicle component.
Defective Medical Devices Lawyer in Antonia, MO
Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Antonia, MO has seen be defective include:
- Artificial joints that can result in infections, limited mobility, pain or frequent dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
- Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can result in perforated organs, infections and electrical burns
- Blood clot filters that allow dislodged blood clots to travel up to the lungs
- Permanent birth control implements that can puncture organs, result in pelvic pain, excessive blood loss and unwanted pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the number one factor.
In 2017, the U.S. Health and Human Services Department stated that throughout 10 years Medicare had to spend at least $1.5 billion to replace over 73,000 flawed heart devices alone. Medical devices should help relieve pain and lengthen our lifespans, not cause further damage. If a flawed medical device ended up aggravating your condition, your Antonia, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.
In February of this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 people who were depending on the replacement joint to return their mobility. When Burger Law was contacted by a client, we immediately got to work bringing them what peace of mind we could and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint here:
Defective Drug Lawyer in Antonia, MO
The Federal Drug Administration has firm procedures for the testing, labeling, packaging and shipping of prescription drugs. However, the administration does not actually test drugs itself; rather, it relies on data from pharmaceutical companies' own testing to determine if a drug is safe for release to the public. With no absolute independent testing many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than the safety of the people they are supposed to be helping. Currently, it is usually the pharmaceutical company's decision if they will recall a drug that has found to have dangerous side effects. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Antonia, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable.
Four thousand five hundred drugs and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member received injuries because of reckless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer now. We fight hard to see justice restored by securing you compensation and holding negligent corporations responsible. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.
Other common defective products we file suit for in Antonia, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Antonia, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Antonia, MO knows that being hurt by a dangerous product can completely disrupt your life. That is why we have dedicated our lives to seeing the vulnerable in Antonia and throughout Missouri get great compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on getting you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical toll your injury has taken on you and your Antonia, MO family. You do not have to go through this alone, and the big corporations do not have to win every time. Call a Burger Law defective products lawyer in Antonia, MO now at or contact us online to start on your journey to true healing.