have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Bates City, MO.
Defective Products Lawyer in Bates City, MO. If you or a loved one was injured by a dangerous product, get in touch with a Burger law defective products lawyer in Bates City, MO now at (314) 500-HURT or fill out our online form for a free consultation.
Think of your daily routine: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on your bike, sit by a computer or work around technology, and/or use your android throughout the day. You may go boating on your free days. You may even have a prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the market. When there is an oversight in the stream of commerce and a product becomes defective, it can have a catastrophic effect on Bates City, MO individuals and families. When that happens to you, you need the expert and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and deliver you the full financial recovery you deserve.
In our In our 30 years of experience standing up for fairness and justice, we have gotten our clients in Bates City and beyond more than $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Bates City, MO right away at (314) 500-HURT.
If you were hurt by a faulty product in Bates City, MO, learn how much your claim may be worth by using our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Bates City, 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 Bates City, MO?
The Consumer Product Safety Commission has found that defective products are responsible for over 29 million injuries and 21,000 fatalities every year.
Based on facts 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 speaks to the extreme destruction an unsafe product can cause.
If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Bates City, MO for empathetic, committed and talented support and legal advocacy.
What is the Process for Defective Products Claims in Bates City, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Bates City, MO defective products lawyer can file a "strict liability" suit if three factors are true:
- The defendant was involved in the product's chain of distribution.
- The product was used in a manner reasonably foreseen.
- One or both of the following:
- The product was in a faulty condition that was unreasonably hazardous when it left the manufacturer's or seller's that caused you direct harm, and/or
- Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.
The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to purchase, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can be dismissed from the case if:
- You discover who the manufacturer is, it has not closed their business and can afford to pay for the entirety of your injuries.
- The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- No other party in the case presents evidence that the vendor was involved in any other aspect of the stream of commerce.
- The dismissal is requested to the judge within 60 days.
If the above conditions are met, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise at fault for the defect or the manufacturer is unable to pay for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery you are owed.
Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense is only applicable to for failure to warn product liability lawsuits, and the burden of proof is on the defense.
Have You Been Injured from a Dangerous Product?
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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Negligence vs. Strict Liability in Defective Products Cases
Most personal injury claims in Bates City, MO are determined by the notion of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that duty, for instance if if there a loose floor boards at a restaurant that cause you to fall they might be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or hazardous products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is liable for any damage that stems from the reasonable use of a product, whether they were negligent or not. 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 Bates City, 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 — at the moment that you acquired it.
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 flaw in the design that afterwards passes the imperfection to all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes in the manufacturing process. This can either only make one product defective, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be installing outdated components or leaving sharp edges on plastic or other materials.
- Insufficient Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger 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 not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product generally does not have to warn against obvious dangers. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to encourage corporations to implement exhaustive safety protocols for guaranteeing that their products will not put the people who use it at risk. However, too often corporations do not value our safety and concentrate more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Bates City, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but the best possible compensation.
Comparative Negligence in Defective Productions Claims in Bates City, MO
Manufacturers, distributors and anyone else in the stream of commerce will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for those in the stream of commerce to posit that you are liable for a portion of your injuries and, therefore, they are not liable for the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a defendant makes to eschew their duty to pay you for the harm they have caused. Your Bates City, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are present in your case:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. By contrast, if you are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not reasonably foresee that use of the product.
- 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 fault but can considerably reduce 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 wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
- You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
- You did not take necessary safety precautions. 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 recommended precautions.
- You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the financial recovery you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. The defense may say they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.
Just because the defense can — and will — argue that comparative negligence applies to your case, that does not mean they will be successful. Bullying corporations and insurance companies employ a variety of tricks to try and minimize your claim, but your Bates City, MO defective products lawyer at Burger Law knows how to combat them. We know these companies have a lot of money to throw at their defense and try to take advantage of people who have never had to file a lawsuit before. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you are awarded, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law right away at (314) 500-HURT for legal representation that parallels and surpasses that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Bates City, MO
Our defective products lawyer team sees in Bates City, 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, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous automobile parts we see are:
- Fuel systems
- Electrical systems
- Door latches
- Engine cooling fan blades
Alternative vehicles like 4-wheelers 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 Bates City, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Bates City, MO has seen be defective include:
- Artificial joints that can result in infections, limited mobility, pain or repeated dislocations
- Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
- Surgical robots intended to operate on hard to reach areas which, when they malfunction, can lead to punctured organs, infections and internal burns
- Blood clot filters that allow dislodged blood clots to invade the lungs
- Permanent birth control implements that can perforate organs, lead to pain in the pelvic region, excessive bleeding and unintended pregnancies
As the medical industry keeps inventing new technologies, the amount of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly owing to problems with software.
In 2017, the U.S. Health and Human Services Department found that in the course of a decade Medicare spent at least $1.5 billion to replace over 73,000 faulty heart devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Bates City, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused incredible pain and lifelong damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was retained by a client, we immediately got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can read our original complaint here:
Defective Drug Lawyer in Bates City, MO
The Federal Drug Administration has firm protocols for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. With no absolute independent testing many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies 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 Bates City, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.
Four thousand five hundred medications and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you love had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by winning you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from this world too soon.
Other examples of defective products we collect compensation for our clients for in Bates City, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Call Burger Law Now
Bates City, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Bates City, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Bates City and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on securing you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Bates City, MO family. We will stand by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Bates City, MO now at (314) 500-HURT or contact us online to take the first step toward a true recovery.