Defective Products Lawyer in Battlefield, MO.
Defective Products Lawyer in Battlefield, MO. If you or a family member was injured by a dangerous product, reach out to a Burger law defective products lawyer in Battlefield, MO today at or fill out our online form for a free case review.
Imagine what your daily like looks like: You may make coffee in a coffee maker 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 cell phone throughout the day. You may drive go-carts on your days off. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the market. When there is a mistake in that process and a product becomes defective, it can have a disastrous impact on Battlefield, MO individuals and families. If tragedy struck you, you need the expert and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and secure you the best possible compensation you are owed.
In our three decades of negotiation, litigation and trial experience, we have won our clients in Battlefield and throughout Missouri over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Battlefield, MO now at .
If you were harmed by a faulty product in Battlefield, MO, see the true value of your case by using our complimentary personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Battlefield, 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?
Battlefield, MO Defective Products Statistics
The Consumer Product Safety Commission has found that defective products cause over 29 million injuries and 21,000 fatalities each year.
Based on 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 speaks to the unbelievable destruction that can be caused when manufacturers and vendors do not adhere to proper safety measures.
If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Battlefield, MO for passionate, devoted and expert support and legal representation.
How Defective Products Claims Work in Battlefield, MO
Under Missouri Revised Statute §537.760, you and your Battlefield, MO defective products lawyer can can hold a person or company responsible for your injuries if three conditions are met:
- The company was involved in the product's design, manufacture, distribution and sale.
- The product was used in a way easily anticipated.
- Either or both of the following conditions:
- The product had 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 dangerous condition inherent in the product that was not warned of in the labeling or instructions.
The "stream of commerce" refers to anyone involved in the product from initial conception to sale, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may avoid liability if:
- The manufacturer is known, still exists and is able to pay for the entirety of your injuries.
- The vendor makes an affidavit under threat of perjury that their only involvement in the process was selling it.
- No other party in the case submits evidence that the distributor took part in any other facet of the design and manufacturing process.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If the above conditions are met, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they had a larger role in the engineering of the product than they intimated, were otherwise at fault for the dangerous condition or the manufacturer is unable to compensate you for all of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery that they owe you.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a hazardous 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 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
The majority of personal injury suits in Battlefield, MO are determined by the concept of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Battlefield, MO roads. When someone fails in that responsibility, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be held responsible for your damages and would owe you a financial recovery.
By contrast, most product liability or hazardous products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is at fault for any injuries 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 Battlefield, 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 it got into your hands.
Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:
- Design Defect: A design defect is an innate imperfection in the design that subsequently passes the flaw to all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
- Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either affect only one product, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
- Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about innate risks. Examples include a drug that is sold without mentioning certain risks or side effects 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 dangers that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is meant to hold corporations accountable and persuade them to implement comprehensive safety protocols 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 their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Battlefield, MO will fight by your side and demand only a full financial recovery.
Comparative Negligence in Defective Productions Claims in Battlefield, MO
An oft-used defense for manufacturers in a product liability claim is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or seller to posit that you are responsible for a portion of your injuries and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent liable for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt an entity involved in the chain of distribution makes to eschew their obligation to reimburse you for the damage their product did to you. Your Battlefield, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative fault if the following situations apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller is only has to make a product safe for ways that they can expect the public to use it. 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 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 reasonably foresee that happening.
- You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly lower it but can significantly diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car accident. A pharmaceutical company could reasonably see 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 principle in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
- You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You failed to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. 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 adhered to proper protocols.
- You failed to 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 unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.
Just because people in the chain of distribution can — and will — work hard to persuade a jury that comparative fault applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies use numerous dishonest ruses to try and minimize your claim, but your Battlefield, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations are unfair and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you collect, and we do not collect any attorney's fees until you get the great compensation you deserve. Get in touch with Burger Law right away at for legal representation that matches and eclipses that of bullying manufacturers and vendors and insurance companies.
Defective Vehicle Parts Lawyer in Battlefield, MO
Our defective products lawyer team sees in Battlefield, MO sees more defective vehicles than any other product, both because of how many people use them 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 lead to collisions and fires, and lead to further injuries when the safety components to not function as they should. Common defective automobile components we see are:
- Windshield wipers
- 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 Battlefield, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further injuries when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Battlefield, MO has seen be defective are:
- Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or recurring dislocations
- Pacemakers, which can cause 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 punctured organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can puncture organs, cause pelvic pain, excessive bleeding and unintended pregnancies
As the medical industry keeps coming up with new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the foremost factor.
In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare had to spend at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a flawed medical device ended up aggravating your condition, your Battlefield, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unneeded pain you experienced.
Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused incredible pain and permanent damage to possibly 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 the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Battlefield, MO
The Federal Drug Administration has stringent protocols 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. That means that many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people they are supposed to be helping. Currently, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Battlefield, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.
Four thousand five hundred prescriptions and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one had your condition worsen because of reckless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from this world too soon.
Other common dangerous products we collect compensation for our clients for in Battlefield, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Battlefield, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Battlefield, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we strive to see the injured in Battlefield and throughout Missouri recover great compensation for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we immediately start working on wining you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Battlefield, 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 Battlefield, MO immediately at or contact us online to take the first step toward a true recovery.