Defective Products Lawyer in Buffalo, MO.
Defective Products Lawyer in Buffalo, 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 Buffalo, MO now at or fill out our online form for a free case evaluation.
Picture what your daily like looks like: You may have put on some lotion or hair gel in the morning, take allergy medication, 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 use lawnmowers on the weekend. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that at one point was engineered, produced, shipped and sold. When there is an error in the stream of commerce and a product becomes hazardous, it can have a disastrous effect on Buffalo, MO individuals and families. If tragedy struck you, you need the knowledgeable and devoted legal services of Burger Law's defective products lawyer team to stand in your corner and win you the full compensation you deserve.
In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Buffalo and beyond more than $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Buffalo, MO right away at .
If you were harmed by a dangerous product in Buffalo, MO, discover the true value of your case by utilizing our complimentary personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Buffalo, 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?
Buffalo, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that faulty products are responsible for over 29 million injuries and 21,000 fatalities every year.
Based on facts 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 shows the extreme devastation an unsafe product can cause.
If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Buffalo, MO for understanding, devoted and knowledgeable support and legal counsel.
What is the Process for Defective Products Claims in Buffalo, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Buffalo, MO defective products lawyer can can hold a person or company to blame for your damages if three conditions are met:
- The corporation was involved in the product's design, manufacture, distribution and sale.
- The product was used in a way logically foreseen.
- One or both of the following:
- The product was in a faulty condition that was unreasonably hazardous when it left the manufacturer's or distributor's and your injuries are a direct result of that defect, 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 a distributor or seller. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may avoid liability if:
- You discover who the manufacturer is, it still exists and is financially capable of paying you for all of your damages.
- The vendor signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- No other party in the case comes forward with evidence that the distributor was involved in any other facet of the chain of distribution.
- The motion to dismiss is filed within 60 days.
If the above conditions are fulfilled, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they implied, were otherwise responsible for the dangerous condition or the manufacturer is unable to compensate you 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 that every to-blame party is held accountable.
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 is only valid for failure to warn defective products claims, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.
Negligence vs. Strict Liability in Defective Products Cases
The majority of personal injury cases in Buffalo, MO are based on the conception of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, Buffalo, 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 may 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 a designer, manufacturer or vendor is to blame for any damage that stems from the reasonable use of a product, 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 Buffalo, 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 afterwards 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, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous 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.
- Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about innate risks. 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. The company that makes a product typically does not have to warn against dangers that a reasonable person would anticipate. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to incentivize corporations to implement exhaustive safety protocols for ensuring that their products will not put the people who use it at risk. However, too often corporations do not value our safety and concentrate more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Buffalo, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but full compensation.
Comparative Negligence in Defective Productions Claims in Buffalo, MO
Manufacturers, distributors 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 the manufacturer or vendor to put forth the argument that you share 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 your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt a manufacturer makes to eschew their duty to reimburse you for the harm they have caused. Your Buffalo, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:
- 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, 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 use a loaded shotgun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
- You used the product in a manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can significantly decrease it. Say 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 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 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 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 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 using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you obeyed 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 refuse to return to work when you are healthy enough to do so. 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 people in the chain of distribution can — and will — assert that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies implement a lot of deceitful tactics to try and devalue your claim, but your Buffalo, MO defective products lawyer at Burger Law knows how to combat them. We know these companies are unfair and try to take advantage of people unfamiliar with Missouri laws. 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 you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law immediately at for legal counsel that matches and exceeds that of bullying manufacturers and distributors and insurance companies.
Defective Vehicle Parts Lawyer in Buffalo, MO
Our defective products lawyer team sees in Buffalo, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not function as they should. Common defective automobile parts we see are:
- Fuel systems
- Electrical wires
- Door latches
- Engine cooling fan blades
Alternative vehicles like ATVs can also cause harm, 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 Buffalo, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us even more complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Buffalo, MO has seen be defective include:
- Artificial hips, knees or other joints that can result in infections, instability, chronic soreness or frequent dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can result in pierced organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can pierce organs, result in pain in the pelvic region, excessive hemorrhaging and unplanned pregnancies
As the medical industry becomes more high-tech, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the major cause.
In 2017, the U.S. Health and Human Services Department stated that over the span of 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of helping us. If a faulty medical device ended up worsening your condition, your Buffalo, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to deteriorate too quickly and have caused unimaginable pain and permanent damage to potentially as many as 150,000 patients who had the replacement joint implanted. When Burger Law was retained by a client, we immediately got to work bringing them what peace of mind we could and are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Buffalo, MO
The Federal Drug Administration has strict protocols that pharmaceutical companies must adhere to from manufacturing to sale. 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 independent testing many drugs 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 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 Buffalo, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.
Hundreds of thousands of medications 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 loved one had your condition worsen 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 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 dangerous products we collect compensation for our clients for in Buffalo, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Buffalo, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Buffalo, MO knows that being harmed by a faulty product can completely disrupt your life. That is why we strive to see the vulnerable in Buffalo and throughout Missouri receive fair 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 delivering you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Buffalo, 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 Buffalo, MO today at or contact us online to start on the path to being made whole again.