Defective Products Lawyer in Carl Junction, MO.
Defective Products Lawyer in Carl Junction, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Carl Junction, MO immediately at or fill out our online form for a complimentary case evaluation.
Picture what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your vehicle, sit by a computer or work around machines, and/or use your iPhone on and off throughout the day. You may drive go-carts on the weekend. You may even have a ankle replacement or other medical implant. 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 market. When there is an error in that process and a product becomes hazardous, it can have a disastrous effect on on your life and lives of those you love in Carl Junction, MO. If tragedy struck you, you need the accomplished and committed legal services of Burger Law's defective products lawyer team to stand in your corner and secure you the maximum financial recovery you deserve.
In our In our 70 years of combined experience standing up for the rights of the injured and vulnerable, we have won our clients in Carl Junction and throughout Missouri over $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Carl Junction, MO immediately at .
If you were harmed by a faulty product in Carl Junction, MO, find out the true value of your case by filling out our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Carl Junction, 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 Carl Junction, MO?
The Consumer Product Safety Commission states that dangerous products are responsible for over 29 million injuries and 21,000 fatalities each year.
Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable devastation that can be caused when manufacturers and distributors do not obey the rules.
If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Carl Junction, MO for compassionate, committed and experienced support and legal representation.
How Defective Products Claims Work in Carl Junction, MO
Pursuant to Missouri Revised Statute §537.760, you and your Carl Junction, MO defective products lawyer can can hold a person or corporation accountable for your damages if three factors are true:
- The company was part of the product's design, manufacture, distribution and sale.
- You used the product in a manner rationally expected.
- 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
- You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.
The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to sale, including a distributor or vendor. According to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:
- You discover who the manufacturer is, it has not closed their business and is able to reimburse you for the entirety of your injuries.
- The distributor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
- There is no evidence is brought in front of the court that the distributor took part in any other part of the stream of commerce.
- The dismissal is requested to the judge within 60 days.
If the above conditions are fulfilled, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they led on, were otherwise liable for the defect or the manufacturer is unable to pay for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great financial recovery you are owed.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product went to market. This defense will only work for for failure to warn defective products lawsuits, and the burden of proof is on the defense.
Negligence vs. Strict Liability in Defective Products Cases
The majority of personal injury suits in Carl Junction, MO are determined by the notion of negligence. We all have a duty to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Carl Junction, MO roads. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found liable for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or dangerous products cases come down to strict liability, meaning that anyone in the chain of distribution is at fault for any injuries a product causes, 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 Carl Junction, 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 got into your hands.
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 affects all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes in the manufacturing process. This can either affect only one product, 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 incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
- 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 injury because it did not give proper 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 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 obvious risks. For example, they do not have to warn you that a match could start a fire.
Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety procedures for guaranteeing the safety of their products. However, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Carl Junction, MO will fight on your behalf and insist on only a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Carl Junction, MO
An oft-used defense for manufacturers in a defective products claim is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the defendants to put forth the defense that you share a portion of your injuries 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 responsible for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a manufacturer makes to get out their duty to reimburse you for the damage their product did to you. Your Carl Junction, 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 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 put wheels on a chair and are injured racing it down the street, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
- You used the product in a way 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 decrease it but can considerably lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto crash. A pharmaceutical company could reasonably see 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 theory in tort claims whereby, 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 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 did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution 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 adhered to proper protocols.
- You failed to mitigate your damages. 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 — argue 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 lot of tricks to try and minimize your claim, but your Carl Junction, 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 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 are awarded, and you do not pay us anything until we win your case. Get in touch with Burger Law right away at for legal representation that parallels and exceeds that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Carl Junction, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Carl Junction, MO. 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 wrecks and fires, and fail to protect occupants from harm as intended. Common faulty automobile components we see are:
- Fuel systems
- Electrical wiring
Alternative vehicles like 4-wheelers can also cause injuries, 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 Carl Junction, 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 cause us further complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Carl Junction, MO has seen be defective include:
- Artificial joints that can lead to infections, instability, chronic soreness or repeated dislocations
- Pacemakers, which can lead to infections or even wrongful death when they do not last as long as expected
- Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can lead to punctured organs, infections and internal burns
- Blood clot filters that permit dislodged blood clots to slip into the lungs
- Permanent birth control implements that can perforate organs, result in pelvic pain, abnormal bleeding and unintended pregnancies
As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, mostly because of issues with software.
In 2017, the U.S. Health and Human Services Department found that over 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of improving our lives. If a flawed medical device ended up worsening your condition, your Carl Junction, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.
In February of this year, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused incredible pain and permanent damage to possibly 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 are taking on more Exactech Knee Replacement cases to this day. You can view the complaint we filed for our first client here:
Defective Drug Lawyer in Carl Junction, MO
The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey 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 third-party testing many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies care more about the money they make more than the safety of the people they are supposed to be helping. 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 Carl Junction, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable.
Four thousand five hundred medications and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you love had your condition worsen because of careless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer now. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage they have caused. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from this world too soon.
Other common dangerous products we see in Carl Junction, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Carl Junction, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Carl Junction, MO knows that when manufacturers and vendors 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 injured in Carl Junction and throughout Missouri receive full 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 bills and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Carl Junction, 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 Carl Junction, MO now at or contact us online to take the first step toward a true recovery.