Defective Products Lawyer in Boonville, MO.
Defective Products Lawyer in Boonville, MO. If you or someone you care about sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Boonville, MO today at or fill out our online form for a complimentary case evaluation.
Imagine what you do every day: You may have a skincare routine or put on some hair gel 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 iPhone throughout the day. You may use lawnmowers on the weekend. You may even have a joint replacement or other medical implant. 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 breakdown in the stream of commerce and a product becomes hazardous, it can cause serious injuries to you and your Boonville, MO family. When that happens to you, you need the skilled and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the best possible financial recovery you are owed.
In our In our 70 years of combined experience standing up for fairness and justice, we have delivered our clients in Boonville and beyond over $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in Boonville, MO today at .
If you were injured by a defective product in Boonville, MO, see the true value of your claim by utilizing our free personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Boonville, 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?
Boonville, MO Defective Products Statistics
The Consumer Product Safety Commission has found that defective products account for in excess of 29 million injuries and 21,000 fatalities every year.
According to data from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme devastation 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 Boonville, MO for compassionate, devoted and expert support and legal counsel.
What is the Process for Defective Products Claims in Boonville, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Boonville, MO defective products lawyer can can hold a person or company accountable for your injuries if three conditions are met:
- The corporation was involved in the product's design, manufacture, distribution and sale.
- The product was used in a manner easily foreseen.
- One or both of the following:
- The product was in a defective condition that was unreasonably dangerous when the product was sold 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 "chain of distribution" refers to anyone involved in the product from initial design to purchase, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can be dismissed from the claim if:
- You discover who the manufacturer is, it has not closed their business and is able to reimburse you for all of your injuries.
- The distributor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
- There is no evidence is submitted to the court that the vendor took part in any other part of the chain of distribution.
- The dismissal is requested to the judge within 60 days.
If the above conditions are satisfied, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise to blame for the defect or the manufacturer is unable to compensate you for the entirety 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 you are owed.
Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense is only valid for failure to warn product liability cases, and the burden of proof is on the defense.
The Difference Between Strict Liability and Negligence in Defective Products Cases
The majority of personal injury suits in Boonville, MO are decided by the idea of negligence. We all have an responsibility to each other's safety in certain situations; for example, Boonville, MO dog owners must always have control of their dog. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they can be held liable for your damages and would owe you a financial recovery.
However, most product liability or defective products claims come down to strict liability, meaning that anyone involved in the manufacture and sale of a product 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 Boonville, 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:
- Design Defect: A design defect is an inherent defect in the design that afterwards affects all products with the same design. An example is an improperly designed safeguard on a power tool.
- 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 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.
- Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about innate 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. A manufacturer typically does not have to warn against obvious dangers. For instance, they do not have to warn you that a match could start a fire.
Strict liability is meant to incentivize corporations to implement comprehensive safety protocols for guaranteeing the safety of their products. However, too often corporations do not value our safety 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 Boonville, MO will fight by your side and demand nothing but the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in Boonville, MO
A common defense for manufacturers in a defective products 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 distributor to posit that you are liable for a portion of your damages and, therefore, they are not liable for the full extent of your damages. 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, comparative negligence arguments are a deceitful attempt a defendant makes to get out their responsibility to pay you for the harm they have caused. Your Boonville, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are present in your case:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect a consumer to use it. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. On the other hand, 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 reasonably foresee that happening.
- You used the product in a way the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely 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 risks of the product while you were using it. This is often referred to as "Assumption of the risk," a theory in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 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. 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 are your fault because you had not adhered to proper protocols.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. 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 stream of commerce can — and will — assert that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies implement a lot of deceitful tactics to try and devalue your claim, but your Boonville, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations will try everything to avoid paying you and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you get, and we do not collect any attorney's fees until we win your case. Call Burger Law now at for legal counsel that rivals and eclipses that of bullying corporations and insurance companies.
Defective Vehicle Parts Lawyer in Boonville, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Boonville, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not function as they should. Common faulty automobile components we see are:
- Windshield wipers
- Door latches
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 Boonville, MO
Medical devices are meant to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us even more complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Boonville, MO has seen be defective include:
- Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or repeated dislocations
- Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
- Surgical robots designed to operate on hard to reach areas which, when defective, can lead to pierced organs, infections and electrical burns
- Blood clot filters that allow free-floating blood clots to travel up to the lungs
- Permanent birth control devices that can pierce organs, lead to pelvic pain, abnormal bleeding and unplanned pregnancies
As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has increased exponentially. In the first quarter 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 over the span of 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a flawed medical device caused you injuries, your Boonville, 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 unnecessary pain you experienced.
In February of this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to degrade too quickly and have caused incredible 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 are taking on more Exactech Knee Replacement cases to this day. You can view the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Boonville, MO
The Federal Drug Administration has strict procedures that pharmaceutical companies must follow from manufacturing to delivery. 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 prescriptions reach the shelves whose potential side effects greatly outweigh their 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 Boonville, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.
Four thousand five hundred medications and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you care about sustained injuries because of careless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from this world too soon.
Other common dangerous products we see in Boonville, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Boonville, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Boonville, MO knows that being injured by a faulty product can completely upend your life. That is why we strive to see the injured in Boonville and throughout Missouri be compensated 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 delivering you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has taken on you and your Boonville, 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 Boonville, MO right away at or contact us online to take the first step toward a true recovery.