Defective Products Lawyer in Brookfield, MO.
Defective Products Lawyer in Brookfield, MO. If you or someone you care about was harmed by a dangerous product, call a Burger law defective products lawyer in Brookfield, MO now at or fill out our online form for a complimentary case evaluation.
Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your car, sit by a computer or work around technology, and/or use your android at various times during the day. You may go boating on your free days. You may even have a ankle replacement or other medical device. 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 buyer. When there is an error in the chain of distribution and a product becomes defective, it can have a disastrous impact on Brookfield, MO individuals and families. When that happens to you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and get you the great financial recovery you are owed.
In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in Brookfield and throughout Missouri more than $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Brookfield, MO today at .
If you were hurt by a faulty product in Brookfield, MO, learn how much your claim may be worth by using our free personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Brookfield, 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 Brookfield, MO?
The Consumer Product Safety Commission states that dangerous products result in over 29 million injuries and 21,000 deaths annually.
According to 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 destruction an unsafe product can cause.
If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Brookfield, MO for empathetic, committed and experienced support and legal advocacy.
What is the Process for Defective Products Claims in Brookfield, MO?
- The person was involved in the product's stream of commerce.
- The product was used in a way reasonably foreseen.
- One or both of the following:
- The product was in 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 involved in the product from initial conception to sale, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the suit if:
- You discover who the manufacturer is, it has not closed their business and is financially capable of paying you for the entirety of your injuries.
- The vendor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
- No other party in the case presents evidence that the vendor was involved in any other facet of the stream of commerce.
- The dismissal is requested to the court within 60 days.
If the above conditions are satisfied, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they had a larger role in the production of the product than they led on, were otherwise at fault for the defect or the manufacturer cannot pay for all 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 you get the great compensation you are owed.
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 public. This defense will only work for for failure to warn defective products lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury suits in Brookfield, MO are won or lost based on the idea of negligence. We all owe each other a duty of care 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 instance if if there a loose floor boards at a restaurant that cause you to fall they may be found responsible for your damages and would owe you compensation.
However, most product liability or dangerous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is liable for any damage 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 Brookfield, 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 innate imperfection in the design that afterwards affects all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- 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, 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 incorrectly installing wires or electrical components or not properly fastening components to each other.
- Insufficient Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about from normal use of the product. 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. A manufacturer generally does not have to warn against obvious risks. 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 thorough safety protocols for guaranteeing the safety of their products. Even so, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Brookfield, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but maximum compensation.
Comparative Negligence in Defective Productions Claims in Brookfield, MO
An oft-used defense for manufacturers in a dangerous product case is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to argue that you are responsible for a portion of the fault and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt a defendant makes to eschew their duty to pay you for the harm they have caused. Your Brookfield, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative fault if the following situations apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor 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. On the other hand, 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 use of the product.
- You used the product in a manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to totally avoid fault but can considerably diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle 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 referred to as "Assumption of the risk," a theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You did not 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 would have been avoided had you followed proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you are ethically bound 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 defense can — and will — work hard to persuade a jury that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies implement a variety of tricks to try and minimize your claim, but your Brookfield, 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 get paid 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 immediately at for legal representation that rivals and eclipses that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Brookfield, MO
Our defective products lawyer team sees in Brookfield, 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 components. Defective car parts can lead to wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous motor vehicle components we see are:
- Fuel systems
- Electrical systems
- Steering systems
- Headlights and taillights
Alternative vehicles like ATVs 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 Brookfield, MO
Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Brookfield, MO has seen cause further complications for patients include:
- Artificial hips, knees or other joints that can cause infections, instability, chronic soreness or frequent dislocations
- Pacemakers, which can lead to infections or even wrongful death because of premature failures
- Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can lead to punctured organs, infections and electrical burns
- Blood clot filters that allow free-floating blood clots to slip into the lungs
- Permanent birth control implements that can puncture organs, result in pain in the pelvic region, abnormal blood loss and unintended pregnancies
As the medical industry keeps implementing new technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly owing to defects in software.
In 2017, the U.S. Health and Human Services Department stated that in the course of a decade Medicare had to spend at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a defective medical device caused you injuries, your Brookfield, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.
Earlier this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. 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 by clicking the link below:
Defective Drug Lawyer in Brookfield, MO
The Federal Drug Administration has stringent procedures for the testing, labeling, packaging and shipping of prescription drugs. 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 prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies 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 Brookfield, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.
Hundreds of thousands of prescriptions 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 love had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer as soon as possible. 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 collect compensation for our clients for in Brookfield, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Brookfield, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Brookfield, MO knows that being harmed by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Brookfield and throughout Missouri receive full compensation 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 securing you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Brookfield, 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 Brookfield, MO right away at or contact us online to start on the path to true healing.