Defective Products Lawyer in Butler, MO.
Defective Products Lawyer in Butler, MO. If you or a family member was injured by a dangerous product, call a Burger law defective products lawyer in Butler, 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 on a bus, sit at in a chair or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may drive go-carts on your days off. You may even have a pacemaker 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 oversight in that process and a product becomes hazardous, it can cause severe injuries to you and your Butler, MO family. When that happens to you, you need the experienced and devoted legal representation of Burger Law's defective products lawyer team to stand in your corner and win you the maximum financial recovery you are owed.
In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Butler and throughout Missouri in excess of $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in Butler, MO now at .
If you were injured by a defective product in Butler, MO, learn how much your claim may be worth by using our complimentary personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Butler, 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 Butler, MO?
The Consumer Product Safety Commission states that hazardous products cause in excess of 29 million injuries and 21,000 deaths annually.
Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the incredible ruin 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 Butler, MO for empathetic, devoted and talented support and legal representation.
What is the Process for Defective Products Claims in Butler, MO?
Under Missouri Revised Statute §537.760, you and your Butler, MO defective products lawyer can can hold a person or company to blame for your damages if three factors are true:
- The company was involved in the product's chain of distribution.
- You used the product in a manner reasonably anticipated.
- One or both of the following:
- The product was in a faulty condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
- Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.
The "stream of commerce" refers to anyone involved in the product from initial design to sale, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can be dismissed from the suit if:
- The manufacturer is known, has not closed their business and is financially capable of reimbursing you for all of your injuries.
- The entity that sold it signs an affidavit under oath that they had nothing to do with the product beyond selling it.
- No other party in the case presents evidence that the seller was involved in any other part of the chain of distribution.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If the above conditions are satisfied, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they had a larger role in the production of the product than they implied, were otherwise responsible for the fault or the manufacturer is unable to reimburse you for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every at-fault party is held accountable.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be entirely understood before use by the consumer. This defense will only work for for inadequate warning defective products lawsuits, 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 claims in Butler, MO are based on the concept of negligence. We all have a duty to each other's safety in certain situations; for example, doctors must treat their Butler, MO patients with a standard of care. When someone is negligent, for example if are injured by a fatigued truck driver they might be found responsible for your damages and would have to pay you a financial recovery.
However, most product liability or hazardous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is accountable for any damage 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 Butler, 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 fault in the design that afterwards passes the fault to all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- 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 affect only one product, 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 not properly fastening components to each other.
- Insufficient Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects 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 dangers that a reasonable person would anticipate. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to incentivize corporations to implement thorough safety protocols for guaranteeing that their products will not put the people who use it at risk. However, too often corporations do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Butler, MO will fight on your behalf and demand only the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Butler, MO
An oft-used defense for manufacturers in a product liability case is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to argue that you are liable for a portion of the fault and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for the accident, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to avoid their obligation to pay you for the damage their product did to you. Your Butler, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant for sitting, standing on one to reach something is common. 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 use a loaded gun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not be expected to 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 totally avoid fault but can considerably 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, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
- 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 say that any reasonable person would have known that they could be seriously harmed doing such a thing.
- 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 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 failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the financial recovery 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 you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies implement a variety of tricks to try and lower your claim, but your Butler, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies will try everything to avoid paying you and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the compensation you are awarded, and you owe us nothing until we win your case. Get in touch with Burger Law right away at for legal advocacy that matches and eclipses that of resistant manufacturers and vendors and insurance companies.
Defective Vehicle Parts Lawyer in Butler, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Butler, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to crashes and fires, and fail to protect occupants from harm as intended. Common defective automobile parts we see are:
- Electrical wires
- Door latches
- Engine cooling fan blades
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 Butler, 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 even more injuries when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Butler, MO has seen cause further complications for patients are:
- Artificial joints that can result in infections, limited mobility, pain or recurring dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
- Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can cause perforated 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 puncture organs, result in pain in the pelvic region, excessive bleeding and unplanned pregnancies
As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has skyrocketed. In the first quarter 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 over the span of 10 years Medicare paid out at least $1.5 billion to replace over 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of easing it. If a defective medical device ended up worsening your condition, your Butler, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.
Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 patients who had the replacement joint implanted. 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 view the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Butler, MO
The Federal Drug Administration has strict protocols 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 medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over 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 Butler, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Four thousand five hundred prescriptions and medical devices are recalled in the U.S. each year, 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 reckless pharmaceutical companies and manufacturers, contact 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from this world too soon.
Other examples of defective products we collect compensation for our clients for in Butler, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Butler, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Butler, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we have committed our careers to seeing the vulnerable in Butler and throughout Missouri collect great compensation 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 bills and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Butler, 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 Butler, MO immediately at or contact us online to take the first step toward true healing.