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Defective Products Lawyer in Cape Girardeau, MO.

Defective Products Lawyer in Cape Girardeau, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Cape Girardeau, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case review.

Picture what you do every day: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around heavy machinery, and/or use your iPhone throughout the day. You may go 4-wheeling on the weekend. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the shelves. When there is a breakdown in that process and a product becomes defective, it can cause serious injuries to you and your Cape Girardeau, MO family. If tragedy struck you, you need the skilled and committed legal representation of Burger Law's defective products lawyer team to stand by your side and deliver you the maximum compensation you deserve.

In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Cape Girardeau and beyond more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Cape Girardeau, MO now at (314) 500-HURT.

If you were injured by a dangerous product in Cape Girardeau, MO, see how much your claim may be worth by utilizing our complimentary personal injury calculator.



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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Cape Girardeau, MO:

Cape Girardeau, MO Defective Products Statistics

The Consumer Product Safety Commission has found that hazardous products cause over 29 million injuries and 21,000 fatalities each 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 speaks to the unbelievable devastation 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 Cape Girardeau, MO for empathetic, dedicated and knowledgeable support and legal representation.

How Defective Products Claims Work in Cape Girardeau, MO

Under Missouri Revised Statute §537.760, you and your Cape Girardeau, MO defective products lawyer can can hold a person or company liable for your damages if three factors are true:

  1. The person was part of the product's stream of commerce.
  2. You used the product in a way easily anticipated.
  3. One or both of the following:
    1. The product had a faulty condition that was unreasonably dangerous when it left the manufacturer's or vendor's that caused you direct harm, and/or
    2. You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can avoid liability if:

  • You discover who the manufacturer is, it still exists and is financially capable of reimbursing you for all of your injuries.
  • The distributor signs an affidavit under oath that their only involvement in the process was selling it.
  • There is no evidence is presented to the court that the seller took part in any other aspect of the stream of commerce.
  • The dismissal is requested to the judge within 60 days.

If the above 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 shows that they were actually involved in the design or manufacture of the product, were otherwise liable for the hazardous condition or the manufacturer is unable to compensate you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every liable 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 applicable to for inadequate warning product liability cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury cases in Cape Girardeau, MO are based on the conception of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Cape Girardeau, MO roads. When someone fails in that responsibility, for instance if if you are misdiagnosed because of substandard medical attention they may be found responsible for your damages and would owe you compensation.

However, most product liability or dangerous products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault 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 Cape Girardeau, 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 it came into your possession.

Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:

  1. Design Defect: A design defect is an inherent imperfection in the design that afterwards passes the defect 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.
  2. 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 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.
  3. Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: 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 arise from normal use of the product. 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. A manufacturer generally 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 intended to incentivize corporations to implement thorough safety protocols for guaranteeing that their products will not put the people who use it at risk. Even so, too often companies do not value our safety and spend more energy on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Cape Girardeau, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but complete compensation.

Comparative Negligence in Defective Productions Claims in Cape Girardeau, MO

Manufacturers, vendors and anyone else in the stream of commerce will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for those in the chain of distribution to put forth the defense that you share a portion of the fault and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent liable for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt a defendant makes to avoid their responsibility to pay you for the harm they have caused. Your Cape Girardeau, MO defective products lawyer at Burger Law will not let them get away with it. Under the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances apply:

  • 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, 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 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 that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably diminish it but can significantly lower 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 risks 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
  • You neglected to take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 adhered to recommended safety measures.
  • 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 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 the defense can — and will — assert that comparative negligence applies to your injuries, that does not mean they will be successful. Powerful corporations and insurance companies employ a lot of dishonest ruses to try and minimize your claim, but your Cape Girardeau, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair 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 our only fee is a moderate percentage of the financial recovery you are awarded, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal representation that matches and surpasses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Cape Girardeau, MO

Our defective products lawyer team sees in Cape Girardeau, 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 individual cars and vehicle components were recalled in the United States. Defective car parts can lead to collisions and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous motor vehicle components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wiring
  • Wheels
  • Steering systems
  • Engine cooling fan blades

Alternative vehicles like ATVs can also cause damage, 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 Cape Girardeau, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Cape Girardeau, MO has seen cause further complications for patients include:

  • Artificial joints that can lead to infections, instability, chronic soreness or repeated dislocations
  • Pacemakers, which can lead to infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can lead to pierced organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to invade the lungs
  • Permanent birth control implements that can pierce organs, result in pelvic pain, abnormal blood loss and unplanned pregnancies

As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly as a result of issues with software.

In 2017, the U.S. Health and Human Services Department found that over 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed heart 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 Cape Girardeau, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused unimaginable pain and permanent damage to potentially as many as 150,000 people who were depending on the replacement joint to return their mobility. When Burger Law was contacted 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 our original complaint here:

View Complaint

Defective Drug Lawyer in Cape Girardeau, 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. That means that many medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies put profit 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 Cape Girardeau, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

Hundreds of thousands of drugs and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you love had your condition worsen because of careless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations accountable. 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 common defective products we collect compensation for our clients for in Cape Girardeau, MO include:

  • Children's toys
  • Chemicals such as cleaning products
  • Baby powder
  • Household appliances
  • Industrial machinery
  • Cell phone batteries
  • Cosmetic products

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Cape Girardeau, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Cape Girardeau, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we endeavor to see the vulnerable in Cape Girardeau and throughout Missouri recover great compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on securing you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Cape Girardeau, 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 Cape Girardeau, MO now at (314) 500-HURT or contact us online to start on the path to true healing.

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