Defective Products Lawyer in Belton, MO.

Defective Products Lawyer in Belton, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Belton, MO immediately at (314) 500-HURT or fill out our online form for a free case review.

Imagine your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around technology, and/or use your cell phone on and off throughout the day. You may use lawnmowers on your free days. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that at one point was designed, produced, packaged and sold. When there is a mistake in the stream of commerce and a product becomes defective, it can have a ruinous impact on on your life and lives of those you love in Belton, MO. If tragedy struck you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the best possible compensation you are owed.

In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Belton and beyond over $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Belton, MO immediately at (314) 500-HURT.

If you were hurt by a defective product in Belton, MO, learn the true value of your case by utilizing our complimentary personal injury calculator.



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Belton, MO:

• FDA Recall List and Safety Alerts
• Consumer Products Safety Commission Recall List
• U.S. Department of Transportation Motor Vehicle Recall List
• Recalls.Gov
• 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 Belton, MO?

The Consumer Product Safety Commission has found that hazardous products account for more than 29 million injuries and 21,000 fatalities every year.

According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the incredible devastation an unsafe product can cause.

If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Belton, MO for compassionate, dedicated and talented support and legal representation.

How Defective Products Claims Work in Belton, MO

Pursuant to Missouri Revised Statute §537.760, you and your Belton, MO defective products lawyer can can hold a person or company responsible for your damages if three conditions are met:

1. The company was involved in the product's design, manufacture, distribution and sale.
2. You used the product in a manner reasonably expected.
3. Either or both of the following conditions:
   1. The product had a defective condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
   2. 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 that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product can avoid liability if:

• You discover who the manufacturer is, it still exists and is financially capable of reimbursing you for the entirety of your injuries.
• The seller signs 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 motion to dismiss is filed no later than 60 days after the complaint is filed.

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 demonstrates that they had a larger role in the production of the product than they led on, were otherwise liable for the defect or the manufacturer cannot reimburse you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great compensation that they owe you.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be completely understood before use by the public. This defense is only valid for failure to warn product liability claims, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury cases in Belton, MO depend on the notion of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Belton, MO roads. When someone is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they might be held responsible for your damages and would have to pay you compensation.

However, most product liability or defective products cases are strict liability claims, meaning that anyone in the chain of distribution is to blame for any injuries a product causes, 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 Belton, 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:

1. Design Defect: A design defect is an innate defect in the design that afterwards passes the fault 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.
2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure in the manufacturing process. This can either only make one product dangerous, 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 using the wrong kind of screws or bolts.
3. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This occurs when the product was not hazardous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger that could come about 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. A manufacturer typically does not have to warn against dangers that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety procedures for ensuring the safety of their products. However, too often corporations do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Belton, MO will hold them responsible by conducting a full investigation of your case and insisting on only complete compensation.

Comparative Negligence in Defective Productions Claims in Belton, MO

Manufacturers, vendors and anyone else in the stream of commerce will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to argue that you are responsible for a portion of your damages and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to get out their duty to pay you for the damage their product did to you. Your Belton, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative negligence if the following situations apply:

• You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor 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 use a loaded rifle to prop a door open and it misfires, you likely do not have a claim because the manufacture would not be expected to foresee that use of the product.
• You used the product in a way the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can considerably diminish 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 knew of inherent hazards of the product while you were using it. This is often called as "Assumption of the risk," a concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
• 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 say that any reasonable person would have known that they could be seriously harmed doing such a thing.
• You failed to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries are your fault because you had not adhered to proper protocols.
• You failed to 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 unnecessary medical treatment. 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 claim, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies use a variety of dishonest ruses to try and lower your claim, but your Belton, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you and try to take advantage of people who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you collect, and you do not pay us anything until we win your case. Call Burger Law today at (314) 500-HURT for legal counsel that parallels and surpasses that of resistant manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Belton, MO

Our defective products lawyer team sees in Belton, 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 lead to accident and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous motor vehicle parts we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wires
• Tires
• Door latches
• Headlights and taillights

Offroad vehicles like 4-wheelers can also cause damage, 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 Belton, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Belton, MO has seen be defective include:

• Artificial joints that can cause 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 hard to reach areas which, when defective, can result in perforated organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can pierce organs, cause pelvic pain, abnormal blood loss and unintended pregnancies

As the medical industry keeps implementing more and more advanced technologies, the numbers of recalls issued for medical devices has increased exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the foremost cause.

In 2017, the U.S. Health and Human Services Department reported that in the course of a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a faulty medical device ended up aggravating your condition, your Belton, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 patients who had received the replacement joint. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Belton, MO

The Federal Drug Administration has strict 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 third-party testing many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people who need medicine and treatments that are truly effective. 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 Belton, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Hundreds of thousands of 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 someone you care about received injuries because of reckless pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer immediately. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage they have caused. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other examples of defective products we collect compensation for our clients for in Belton, MO include:

• Children's toys
• Chemicals such as week killer
• Baby powder
• Household appliances
• Industrial equipment
• Cell phone batteries
• Beauty products

Every Burger Law defective products lawyer in Belton, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have pledged our lives to seeing the vulnerable in Belton and throughout Missouri collect the best possible compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on securing 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 Belton, MO family. We will fight 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 Belton, MO right away at (314) 500-HURT or contact us online to start on your journey to being made whole again.