Defective Products Lawyer in Camden County, MO.
Defective Products Lawyer in Camden County, MO. If you or a loved one was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Camden County, MO now at or fill out our online form for a complimentary consultation.
Think of 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 in your car, sit by a computer or work around heavy machinery, and/or use your android at various times during the day. You may go 4-wheeling on your free days. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of technology that had to be engineered, produced, shipped and purchased. When there is an oversight in the stream of commerce and a product becomes hazardous, it can have a ruinous impact on on your life and lives of those you love in Camden County, MO. If tragedy struck you, you need the expert and committed legal services of Burger Law's defective products lawyer team to stand in your corner and get you the best possible financial recovery you deserve.
In our three decades of negotiation, litigation and trial experience, we have won our clients in Camden County and beyond over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Camden County, MO immediately at .
If you were harmed by a faulty product in Camden County, MO, see how much your claim may be worth by utilizing our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Camden County, 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 Camden County, MO?
The Consumer Product Safety Commission estimates that defective products account for in excess of 29 million injuries and 21,000 fatalities each year.
Based on facts 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 speaks to the unbelievable harm an unsafe product can cause.
If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Camden County, MO for empathetic, devoted and knowledgeable support and legal advocacy.
What is the Process for Defective Products Claims in Camden County, MO?
- The company was involved in the product's chain of distribution.
- The product was used in a way logically foreseen.
- Either or both of the following conditions:
- The product was in a defective 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
- 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 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 can be dismissed from the claim if:
- The manufacturer is known, has not closed their business and is able to reimburse you for the entirety 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 brought in front of the court that the vendor was involved in any other aspect of the design and manufacturing process.
- The motion to dismiss is filed within 60 days.
If the aforementioned conditions are fulfilled, 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 proves that they had a larger role in the engineering of the product than they implied, were otherwise liable for the fault or the manufacturer cannot reimburse 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 at-fault party is held responsible.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be completely understood before use by the consumer. This defense is only valid for inadequate warning defective products claims, and the burden of proof is on the defense.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury cases in Camden County, MO depend on the conception of negligence. We all have a duty to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if are injured by a fatigued truck driver they may be found liable for your damages and would have to pay you a financial recovery.
By contrast, most product liability or hazardous products claims are strict liability claims, meaning that anyone in the chain of distribution is at fault for any damage that stems from 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 Camden County, 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 subsequently passes the defect to all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
- 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 only make one product hazardous, 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 using the wrong kind of screws or bolts.
- Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about inherent dangers. 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. The company that makes a product 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 exhaustive safety procedures for ensuring the safety of their products. However, too often companies do not value our safety and try to focus more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Camden County, MO will fight on your behalf and insist on only a full financial recovery.
Comparative Negligence in Defective Productions Claims in Camden County, MO
A common 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 allows for those in the stream of commerce to put forth the defense that you share a portion of the fault and, therefore, they are not obligated to reimburse 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 to blame for the accident, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt an entity involved in the stream of commerce makes to get out their duty to pay you for the damage their product did to you. Your Camden County, MO defective products lawyer at Burger Law sees through that. 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 seller 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. 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 manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can significantly 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 hazards of the product while you were using it. This is often referred to as "Assumption of the risk," a principle in tort claims whereby, if the injured party was aware of risks, 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 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 say that any reasonable person would have known that they could be seriously injured doing such a thing.
- You failed to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging 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 are your fault because you had not followed recommended safety measures.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the financial recovery you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 stream of commerce can — and will — try to convince the court that comparative fault applies to your case, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ a lot of dishonest ruses to try and lower your claim, but your Camden County, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who have never had to file a lawsuit before. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the compensation you are awarded, and you owe us nothing until we win your case. Call Burger Law today at for legal representation that matches and eclipses that of bullying manufacturers and distributors and insurance adjusters.
Defective Vehicle Parts Lawyer in Camden County, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Camden County, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause crashes and fires, and fail to protect drivers and passengers from harm as intended. Common defective automobile parts we see are:
- Electrical wiring
- Door latches
Alternative vehicles like ATVs can also cause injuries, 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 Camden County, MO
Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Camden County, MO has seen be defective are:
- Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or repeated dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
- Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can lead to pierced organs, infections and electrical burns
- Blood clot filters that allow dislodged blood clots to travel up to the lungs
- Permanent birth control implements that can perforate organs, cause pain in the pelvic region, excessive hemorrhaging and unplanned pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly because of defects in software.
In 2017, the U.S. Health and Human Services Department reported that over the span of a decade Medicare paid out at least $1.5 billion to replace more than 73,000 faulty cardiovascular 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 defective medical device caused you injuries, your Camden County, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 view our original complaint here:
Defective Drug Lawyer in Camden County, MO
The Federal Drug Administration has firm 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 market. With no absolute third-party testing many medications 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 who need medicine and treatments that truly help their condition. 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 Camden County, MO to stand up to these bullying corporations and let them know that their conduct is intolerable.
Hundreds of thousands of drugs 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 family member received injuries because of careless pharmaceutical companies and manufacturers, get in touch with 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 successfully filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.
Other examples of defective products we file suit for in Camden County, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Camden County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Camden County, MO knows that being hurt by a faulty product can completely upend your life. That is why we have dedicated our careers to seeing the injured in Camden County and throughout Missouri get 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 immediately start working on wining you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your Camden County, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Camden County, MO immediately at or contact us online to start on your journey to true healing.