Defective Products Lawyer in Camdenton, MO.
Defective Products Lawyer in Camdenton, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Camdenton, MO right away at or fill out our online form for a complimentary consultation.
Think of your daily routine: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may go 4-wheeling on your free days. 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 had to be engineered, manufactured, packaged and purchased. When there is a breakdown in the stream of commerce and a product becomes dangerous, it can cause serious injuries to you and your Camdenton, MO family. When that happens to you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and win you the great financial recovery you are owed.
In our In our 30 years of experience fighting for fairness and justice, we have delivered our clients in Camdenton and beyond more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Camdenton, MO now at .
If you were hurt by a defective product in Camdenton, MO, find out 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 Camdenton, 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 Camdenton, MO?
The Consumer Product Safety Commission estimates that defective products cause more than 29 million injuries and 21,000 fatalities each year.
According to statistics 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 incredible destruction that can be caused when manufacturers and vendors do not obey adequate safety protocols.
If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Camdenton, MO for empathetic, dedicated and skilled support and legal representation.
What is the Process for Defective Products Claims in Camdenton, MO?
- The person was part of the product's chain of distribution.
- You used the product in a way easily anticipated.
- One or both of the following:
- The product had a faulty condition that was unreasonably hazardous when the product was sold 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 dangerous condition.
The "chain of distribution" refers to anyone involved in the product from initial design to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may avoid liability if:
- You discover who the manufacturer is, it has not closed their business and is financially capable of reimbursing you for all of your injuries.
- The distributor makes an affidavit under threat of perjury that their only involvement in the process was selling it.
- No other party in the case puts forward evidence that the distributor was involved in any other part of the chain of distribution.
- The motion to dismiss is filed within 60 days.
If those conditions are met, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates 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 compensate you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable 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 applicable to for inadequate warning defective products cases, 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 claims in Camdenton, MO are based on the conception of negligence. We all have an obligation to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they may be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or dangerous products claims come down to strict liability, meaning that a designer, manufacturer or vendor is liable for any injuries 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 Camdenton, 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 flaw in the design that afterwards affects all products with the same design. An example is an improperly designed safeguard on a power tool.
- 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 a swing set with a cracked chain.
- 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 innate dangers. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water 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 obvious risks. For example, they do not have to warn you that a match could start a fire.
Strict liability is intended to incentivize corporations to implement thorough safety protocols for verifying that their products will not put the people who use it at risk. Even so, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Camdenton, MO will fight on your behalf and insist on only a full financial recovery.
Comparative Negligence in Defective Productions Claims in Camdenton, MO
Manufacturers, vendors and anyone else in the chain of distribution will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to posit that you are liable for a portion of your damages and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to eschew their duty to pay you for the damage their product did to you. Your Camdenton, 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 vendor is only has to make a product safe for ways that they can expect the public to use it. For example, while chairs are meant for sitting, it is easy to predict that someone will stand on one. 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 rifle 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 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 completely avoid liability but can significantly decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto accident. 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 called as "Assumption of the risk," a concept in tort claims whereby, if the injured party was aware of risks, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 hurt doing such a thing.
- You failed 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 followed recommended precautions.
- You failed to mitigate your damages. In any personal injury claim, you have a duty 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 you have no right to ask them for money they do not owe you.
Just because the manufacturer or vendor can — and will — try to convince the court that comparative negligence applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use a variety of tricks to try and minimize your claim, but your Camdenton, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means our only fee is 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 today at for legal advocacy that parallels and eclipses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Camdenton, MO
Our defective products lawyer team sees in Camdenton, 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, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause crashes and fires, and fail to protect occupants from harm as intended. Common faulty motor vehicle components we see are:
- Fuel systems
- Windshield wipers
- Engine cooling fan blades
Alternative vehicles like ATVs can also cause harm, 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 Camdenton, MO
Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us further complications when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Camdenton, MO has seen cause further injuries to patients are:
- Artificial hips, knees or other joints that can cause infections, instability, pain or frequent dislocations
- Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
- Surgical robots intended to operate on hard to reach areas which, when they do not work properly, can lead to punctured organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control devices that can perforate organs, cause pain in the pelvic region, abnormal bleeding and unwanted pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the foremost cause.
In 2017, the U.S. Health and Human Services Department announced that over 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of easing it. If a defective medical device ended up aggravating your condition, your Camdenton, 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. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused unimaginable pain and permanent damage to potentially 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 are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint by clicking the button below:
Defective Drug Lawyer in Camdenton, MO
The Federal Drug Administration has strict protocols that pharmaceutical companies must obey from manufacturing to delivery. 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 independent testing many medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies 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 Camdenton, MO to stand up to these bullying corporations and let them know that their conduct is deplorable.
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 received injuries because of irresponsible pharmaceutical companies and manufacturers, get in touch with 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 successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.
Other examples of defective products we file suit for in Camdenton, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Camdenton, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Camdenton, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Camdenton 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 delivering you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical toll your injury has taken on you and your Camdenton, 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 Camdenton, MO now at or contact us online to take the first step toward true healing.