Defective Products Lawyer in Bethany, MO.
Defective Products Lawyer in Bethany, MO. If you or a loved one sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Bethany, MO right away at or fill out our online form for a free consultation.
Imagine your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit at in a chair or work around technology, and/or use your iPhone throughout the day. You may go 4-wheeling on your days off. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be engineered, produced, shipped and purchased. When there is a breakdown in that process and a product becomes dangerous, it can have a disastrous impact on on your life and lives of those you love in Bethany, MO. When that happens to you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to stand by your side and win you the great financial recovery you deserve.
In our three decades of negotiation, litigation and trial experience, we have secured our clients in Bethany and beyond in excess of $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Bethany, MO today at .
If you were harmed by a faulty product in Bethany, MO, see the true value of your claim by using our free personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Bethany, 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?
Bethany, MO Defective Products Statistics
The Consumer Product Safety Commission states that defective products result in over 29 million injuries and 21,000 fatalities each year.
According to 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 devastation an unsafe product can cause.
If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Bethany, MO for compassionate, dedicated and skilled support and legal representation.
What is the Process for Defective Products Claims in Bethany, MO?
- The defendant was involved in the product's stream of commerce.
- You used the product in a way reasonably foreseen.
- One or both of the following:
- The product had a faulty condition that was unreasonably dangerous when it left the manufacturer's or seller's that caused you direct harm, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.
The "chain of distribution" 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. According to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the vendor or distributor of the product can avoid liability if:
- You discover who the manufacturer is, it has not closed their business and can afford to compensate you for the entirety of your damages.
- The vendor makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
- No other party in the case puts forward evidence that the seller took part in any other part of the stream of commerce.
- The dismissal is requested to the court within 60 days.
If the aforementioned conditions are satisfied, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they intimated, were otherwise responsible for the hazardous condition or the manufacturer cannot compensate you for all of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court 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," meaning that a hazardous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense will only work for for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury suits in Bethany, MO depend on the notion of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for example if are injured by a fatigued truck driver they may be found accountable for your damages and would owe you compensation.
By contrast, most product liability or hazardous products claims are strict liability claims, meaning that anyone in the chain of distribution is responsible for any injuries that results 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 Bethany, 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 inherent fault in the design that subsequently affects all products with the same design. 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 hazardous because of mistakes 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 a tainted batch of something intended for drinking containing a poisonous substance.
- Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused injury because it did not give adequate instructions or warnings about inherent risks. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product typically does not have to warn against obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to hold corporations accountable and persuade them to implement exhaustive safety protocols for verifying the safety of their products. However, too often companies do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Bethany, MO will hold them accountable by conducting a full investigation of your case and insisting on only full compensation.
Comparative Negligence in Defective Productions Claims in Bethany, MO
Manufacturers, vendors and anyone else in the stream of commerce will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for those in the chain of distribution to put forth the defense that you share a portion of your injuries and, therefore, they are not liable for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to get out their obligation to pay you for the harm they have caused. Your Bethany, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:
- 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, 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 manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably lower it but can considerably decrease it. Suppose 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 referred to as "Assumption of the risk," a concept 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 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 injured 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 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 followed recommended safety measures.
- You did not mitigate your damages. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot refuse to return to work when you are healthy enough to do so. The defense may say you have no right to ask them for money they do not owe you.
Just because people in the stream of commerce can — and will — argue that comparative fault applies to your claim, that does not mean they will be successful. Powerful corporations and insurance companies employ myriad dishonest ruses to try and devalue your claim, but your Bethany, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you receive, and you owe us nothing until you get the great compensation you deserve. Call Burger Law today at for legal counsel that rivals and exceeds that of bullying manufacturers and distributors and insurance adjusters.
Defective Vehicle Parts Lawyer in Bethany, MO
Our defective products lawyer team sees in Bethany, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. 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 crashes and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous car components we see are:
- Electrical systems
- Steering systems
Offroad vehicles like ATVs can also cause harm, for instance many of them are prone to flipping 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 Bethany, MO
Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can 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 Bethany, MO has seen be defective include:
- Artificial joints that can cause infections, limited mobility, chronic soreness or recurring dislocations
- Pacemakers, which can lead to 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 do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can perforate organs, result in pain in the pelvic region, excessive hemorrhaging and unintended pregnancies
As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly due to defects in software.
In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare paid out at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of easing it. If a flawed medical device ended up aggravating your condition, your Bethany, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. 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 unthinkable pain and lifelong damage to potentially as many as 150,000 patients who had the replacement joint implanted. When Burger Law was made aware of the defect 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 read the complaint we filed for our first client here:
Defective Drug Lawyer in Bethany, MO
The Federal Drug Administration has firm 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. With no absolute third-party testing many medications reach the market without an objective analysis of the potential drawbacks compared to the 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 Bethany, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.
Four thousand five hundred prescriptions and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or someone you love sustained injuries because of careless 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from this world too soon.
Other examples of dangerous products we file suit for in Bethany, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Bethany, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Bethany, MO knows that being hurt by a dangerous product can completely upend your life. That is why we have dedicated our careers to seeing the injured in Bethany and throughout Missouri get full 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 do not hesitate to start working on wining you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Bethany, 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 Bethany, MO today at or contact us online to take the first step toward being made whole again.