Defective Products Lawyer in Bolivar, MO.
Defective Products Lawyer in Bolivar, MO. If you or someone you love sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Bolivar, MO today at or fill out our online form for a complimentary case review.
Picture 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 heavy equipment, and/or use your cell phone on and off throughout the day. You may go boating 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 technology that at one point was designed, produced, packaged and purchased. When there is an oversight in the stream of commerce and a product becomes dangerous, it can cause severe injuries to you and your Bolivar, MO family. If tragedy struck you, you need the knowledgeable and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the great financial recovery you deserve.
In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Bolivar and throughout Missouri over $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Bolivar, MO today at .
If you were injured by a dangerous product in Bolivar, MO, learn the true value of your case by filling out our free personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Bolivar, 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 Bolivar, MO?
The Consumer Product Safety Commission has found that dangerous products are responsible for over 29 million injuries and 21,000 deaths every year.
According to statistics 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 that can be caused when manufacturers and vendors do not obey proper safety measures.
If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Bolivar, MO for passionate, devoted and expert support and legal representation.
What is the Process for Defective Products Claims in Bolivar, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Bolivar, MO defective products lawyer can can hold a person or company at fault for your injuries if three conditions are true:
- The company was involved in the product's design, manufacture, distribution and sale.
- The product was used in a manner rationally foreseen.
- Either or both of the following conditions:
- The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor's and your injuries are a direct result of that defect, and/or
- You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.
The "stream of commerce" refers to anyone involved in the product from initial design to purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the lawsuit if:
- The manufacturer is known, still exists and is financially capable of reimbursing you for the entirety of your damages.
- The vendor signs an affidavit under oath that their only involvement in the process was selling it.
- There is no evidence is brought in front of the court that the seller took part in any other aspect of the chain of distribution.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If the above conditions are satisfied, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they had a larger role in the production of the product than they implied, were otherwise at fault for the hazardous condition or the manufacturer is unable to pay for the entirety 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 that every liable party is held responsible.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense will only work for for inadequate warning defective products cases, and the burden of proof is on the defense.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury suits in Bolivar, MO are determined by the concept of negligence. We all have an obligation to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they can be held accountable for your damages and would owe you compensation.
However, most product liability or hazardous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is to blame for any damage 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 Bolivar, 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 electric razor or hairdryer that can cause electric shocks.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of a failure in the manufacturing process. This can either only make one product faulty, 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about inherent dangers. 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 typically does not have to warn against obvious dangers. For example, they do not have to warn you that a match could start a fire.
Strict liability is intended to encourage corporations to implement comprehensive safety protocols for ensuring the safety of their products. Even so, too often corporations do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Bolivar, MO will hold them accountable by conducting a full investigation of your case and demanding only full compensation.
Comparative Negligence in Defective Productions Claims in Bolivar, MO
A common defense for manufacturers in a defective products claim is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to argue that you are liable for a portion of your injuries and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt an entity involved in the stream of commerce makes to get out their duty to pay you for the damage their product did to you. Your Bolivar, 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 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 are injured playing catch with a power tool or other sharp object, 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, the defendant will likely not be able to avoid liability altogether, but can considerably diminish it but can significantly lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto crash. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
- You knew of inherent risks of the product while you were using it. This is often called as "Assumption of the risk," a principle in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 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 injured doing such a thing.
- You neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce 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 have a duty to try to keep your damages as low as you reasonable can. 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 people in the stream of commerce can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Bullying corporations and insurance companies use numerous tricks to try and minimize your claim, but your Bolivar, MO defective products lawyer at Burger Law knows how to effectively counterattack. 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 we get paid a moderate percentage of the financial recovery you get, and you owe us nothing until we win your case. Get in touch with Burger Law right away at for legal representation that matches and exceeds that of bullying corporations and insurance companies.
Defective Vehicle Parts Lawyer in Bolivar, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Bolivar, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. 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 faulty automobile parts we see are:
- Fuel systems
- Windshield wipers
- Door latches
- Headlights and taillights
Alternative vehicles like 4-wheelers can also cause injuries, 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 Bolivar, 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 Bolivar, MO has seen cause further complications for patients are:
- Artificial joints that can lead to infections, limited mobility, chronic soreness or repeated dislocations
- Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
- Surgical robots intended to operate on hard to reach areas which, when they malfunction, can cause punctured organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control implements that can pierce organs, lead to pain in the pelvic region, excessive bleeding and unwanted pregnancies
As the medical industry becomes more high-tech, medical device recalls have soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly owing to problems with software.
In 2017, the U.S. Health and Human Services Department found that over 10 years Medicare spent at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of helping us. If a faulty medical device ended up worsening your condition, your Bolivar, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements deteriorate too quickly and have caused unthinkable pain and permanent damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client here:
Defective Drug Lawyer in Bolivar, MO
The Federal Drug Administration has strict protocols that pharmaceutical companies must follow from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. That means that many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 Bolivar, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.
Four thousand five hundred prescriptions and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one received injuries because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer now. 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 successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.
Other examples of dangerous products we see in Bolivar, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Bolivar, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Bolivar, MO knows that being hurt by a hazardous product 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 Bolivar and throughout Missouri recover great 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 hardships your injury has inflicted on you and your Bolivar, 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 Bolivar, MO immediately at or contact us online to start on the path to being made whole again.