have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Bowling Green, MO.
Defective Products Lawyer in Bowling Green, 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 Bowling Green, MO now at (314) 500-HURT or fill out our online form for a free case evaluation.
Think of what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit at in a chair or work around machines, and/or use your android throughout the day. You may drive go-carts on your free days. 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 has gone through various stages of design and production before it reaches the buyer. When there is a mistake in the stream of commerce and a product becomes defective, it can have a ruinous effect on on your life and lives of those you love in Bowling Green, 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 full compensation you deserve.
In our In our 30 years of experience fighting for fairness and justice, we have delivered our clients in Bowling Green and beyond more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Bowling Green, MO now at (314) 500-HURT.
If you were harmed by a faulty product in Bowling Green, MO, discover the true value of your claim by using our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Bowling Green, 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?
Bowling Green, MO Defective Products Statistics
The Consumer Product Safety Commission has found that dangerous products result in more than 29 million injuries and 21,000 fatalities every year.
Based on data 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 incredible devastation that can be caused when manufacturers and distributors do not obey adequate safety protocols.
If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in Bowling Green, MO for passionate, committed and expert support and legal counsel.
What is the Process for Defective Products Claims in Bowling Green, MO?
Under Missouri Revised Statute §537.760, you and your Bowling Green, MO defective products lawyer can file a "strict liability" suit 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 reasonably foreseen.
- Either or both of the following conditions:
- The product was in a faulty condition that was unreasonably hazardous when it left the manufacturer's or distributor's that caused you direct harm, and/or
- 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 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, an entity who had nothing to do with the product beyond selling it can avoid liability if:
- The manufacturer is known, has not closed their business and is financially capable of reimbursing you for all of your damages.
- The entity that sold it signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- There is no evidence is presented to the court that the vendor took part in any other part of the design and manufacturing process.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the aforementioned conditions are met, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise at fault for the fault or the manufacturer cannot compensate you for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every to-blame party is held accountable.
Missouri Revised Statute §537.764 mentions a caveat 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 will only work for for inadequate warning defective products lawsuits, and the burden of proof is on the defense.
Have You Been Injured from a Dangerous Product?
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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Negligence vs. Strict Liability in Defective Products Cases
Most personal injury lawsuits in Bowling Green, MO are won or lost based on the conception of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that obligation, for example if if you are misdiagnosed because of substandard medical attention they may be held accountable for your damages and would owe you a financial recovery.
By contrast, most product liability or defective products cases are strict liability claims, meaning that a designer, manufacturer or vendor is accountable for any injuries a product causes, 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 Bowling Green, 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 innate fault in the design that subsequently passes the flaw 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.
- 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 hazardous, 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 bugs or other contaminants found in beverages or not properly fastening components to each other.
- Insufficient 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 inherent risks. 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. 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 chainsaw can cut you.
Strict liability is intended to hold corporations accountable and persuade them to implement thorough safety protocols for ensuring that their products will not put the people who use it at risk. Even so, too often companies do not value our safety 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 Bowling Green, MO will hold them responsible by conducting a full investigation of your case and insisting on only maximum compensation.
Comparative Negligence in Defective Productions Claims in Bowling Green, MO
Manufacturers, sellers and anyone else in the chain of distribution will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to argue that you are responsible for a portion of your injuries and, therefore, they are not required to compensate you 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 responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt a manufacturer makes to get out their duty to reimburse you for the damage their product did to you. Your Bowling Green, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances apply:
- 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 the public to use it. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. 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 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, Someone in the stream of commerce will not be able to completely avoid liability but can significantly decrease it. Say 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 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 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You neglected 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 obeyed recommended precautions.
- You did not 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 compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 manufacturer or seller can — and will — argue that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies use a variety of tricks to try and lower your claim, but your Bowling Green, 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 unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law now at (314) 500-HURT for legal advocacy that rivals and surpasses that of bullying manufacturers and sellers and insurance adjusters.
Defective Vehicle Parts Lawyer in Bowling Green, MO
Our defective products lawyer team sees in Bowling Green, 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, more than 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 dangerous motor vehicle parts we see are:
- Fuel systems
- Electrical systems
- Steering systems
Alternative vehicles like 4-wheelers can also cause damage, for instance many of them are prone 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 Bowling Green, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Bowling Green, MO has seen cause further complications for patients are:
- Artificial joints that can result in 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 designed to operate on hard to reach areas which, when they do not work properly, can cause pierced 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, cause pain in the pelvic region, abnormal blood loss and unwanted pregnancies
As the medical industry keeps implementing new technologies, the amount of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the foremost factor.
In 2017, the U.S. Health and Human Services Department reported that in the course of a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of helping us. If a faulty medical device caused you damages, your Bowling Green, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 people who were depending on the replacement joint to ease their pain. 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 continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:
Defective Drug Lawyer in Bowling Green, MO
The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey 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. With no absolute third-party testing many medications reach the market 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 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 Bowling Green, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.
Four thousand five hundred medications and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you care about received injuries because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.
Other examples of defective products we see in Bowling Green, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Call Burger Law Now
Bowling Green, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Bowling Green, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we have devoted our careers to seeing the injured in Bowling Green 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 getting you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical hardships your injury has taken on you and your Bowling Green, 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 Bowling Green, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.