Defective Products Lawyer in Boone County, MO.
Defective Products Lawyer in Boone County, 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 Boone County, MO immediately at or fill out our online form for a free consultation.
Imagine what your daily like looks like: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around technology, and/or use your iPhone throughout the day. You may go boating on your days off. You may even have a ankle replacement or other medical implant. 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 buyer. When there is a breakdown in the chain of distribution and a product becomes dangerous, it can have a disastrous effect on on your life and lives of those you love in Boone County, MO. If tragedy struck you, you need the expert and committed legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the best possible financial recovery you are owed.
In our In our 70 years of combined experience fighting for fairness and justice, we have won our clients in Boone County and beyond in excess of $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Boone County, MO right away at .
If you were hurt by a dangerous product in Boone County, MO, find out how much your claim may be worth by using our complimentary personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Boone County, 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?
Boone County, MO Defective Products Statistics
The Consumer Product Safety Commission states that hazardous products are responsible for more than 29 million injuries and 21,000 fatalities each year.
According to 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 extreme harm that can be caused when manufacturers and vendors do not adhere to adequate safety protocols.
If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Boone County, MO for understanding, devoted and skilled support and legal representation.
How Defective Products Claims Work in Boone County, MO
- The corporation was involved in the product's design, manufacture, distribution and sale.
- You used the product in a manner logically expected.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or distributor's that caused you direct harm, 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 that took part in the product coming to fruiting and hitting the shelves, from initial design to purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may avoid liability if:
- The manufacturer is known, still does business and is able to pay for all of your injuries.
- The distributor signs an affidavit under oath that their only involvement in the process was selling it.
- There is no evidence is presented to the court 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 fulfilled, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they had a larger role in the design and manufacture of the product than they intimated, were otherwise to blame for the hazardous condition 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 lawsuit and ensure you get the great compensation that they owe you.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be entirely understood before use by the public. 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 aspect.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury cases in Boone County, MO are based on the conception of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Boone County, MO patients with a standard of care. When someone is negligent, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found liable for your damages and would be obligated to reimburse you for your injuries and other damages.
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, 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 Boone County, 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 imperfection in the design that subsequently affects all products with the same design. An example is an improperly designed safeguard on a power tool.
- 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 only make one product defective, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. An example could be installing outdated components or using the wrong kind of screws or bolts.
- Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: 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 failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product typically does not have to warn against risks that a reasonable person would foresee. For example, 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 exhaustive safety protocols for guaranteeing that their products will not put the people who use it at risk. However, too often companies are negligent and try to focus more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Boone County, MO will fight by your side and demand only the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in Boone County, MO
An oft-used defense for manufacturers in a dangerous product claim is that you are at fault for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to argue that you are liable for a portion of the fault 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 at fault for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to eschew their obligation to reimburse you for the damage their product did to you. Your Boone County, MO defective products lawyer at Burger Law sees through that. 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 seller 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. On the other hand, 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 reasonably foresee that use of the product.
- 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 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 motor vehicle accident. A pharmaceutical company could reasonably see 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 referred to as "Assumption of the risk," a concept in tort claims wherein, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You failed to follow safety guidelines. 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 are your fault because you had not adhered to recommended precautions.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation 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 — assert that comparative negligence applies to your case, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ numerous dishonest ruses to try and devalue your claim, but your Boone County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense 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 are awarded, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law today at for legal representation that matches and surpasses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Boone County, MO
Our defective products lawyer team sees in Boone County, 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, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not work as they should. Common defective motor vehicle components we see are:
- Electrical wires
- Door latches
- Engine cooling fan blades
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 Boone County, MO
We need medical devices to enhance and extend our lives. But, sometimes they actually 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 Boone County, MO has seen cause further complications for patients are:
- Artificial joints that can cause infections, instability, pain or recurring dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can lead to punctured organs, infections and internal burns
- Blood clot filters that allow dislodged blood clots to slip into the lungs
- Permanent birth control devices that can puncture organs, cause pelvic pain, excessive bleeding and unintended pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have increased exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the number one cause.
In 2017, the U.S. Health and Human Services Department reported that over the span of 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 faulty cardiovascular devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Boone County, 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, 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 designed to and have caused incredible pain and lifelong 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 filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint here:
Defective Drug Lawyer in Boone County, MO
The Federal Drug Administration has stringent procedures that pharmaceutical companies must adhere to 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 shelves. That means that many medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people who need medicine and treatments that are truly effective. 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 Boone County, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.
Hundreds of thousands of 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 family member had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, call 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 held opioid manufacturers accountable when their negligence has taken someone from their family too soon.
Other examples of dangerous products we file suit for in Boone County, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Boone County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Boone County, MO knows that being hurt by a dangerous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have pledged our careers to seeing the vulnerable in Boone County and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on wining you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Boone County, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Boone County, MO today at or contact us online to take the first step toward being made whole again.