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Defective Products Lawyer in Carthage, MO.

Defective Products Lawyer in Carthage, MO. If you or someone you love was harmed by a dangerous product, reach out to a Burger law defective products lawyer in Carthage, MO now at (314) 500-HURT or fill out our online form for a complimentary consultation.

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 in your vehicle, sit at in a chair or work around heavy machinery, and/or use your iPhone at various times during 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 product that at one point was designed, manufactured, packaged and sold. When there is an error in the chain of distribution and a product becomes hazardous, it can have a disastrous impact on Carthage, MO individuals and families. If tragedy struck you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and deliver you the best possible compensation you are owed.

In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Carthage and beyond over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Carthage, MO right away at (314) 500-HURT.

If you were harmed by a dangerous product in Carthage, MO, see how much your claim may be worth by utilizing our free personal injury calculator.



Chesterfield, MO

Chesterfield, MO

100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005

By appointment only

Phone: (314) 648-8348

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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Carthage, MO:

Carthage, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that dangerous products result in over 29 million injuries and 21,000 fatalities annually.

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 speaks to the unbelievable harm that can be caused when manufacturers and vendors do not adhere to adequate safety protocols.

If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Carthage, MO for passionate, committed and skilled support and legal representation.

How Defective Products Claims Work in Carthage, MO

According to Missouri Revised Statute §537.760, you and your Carthage, MO defective products lawyer can make a "strict liability" claim if three factors are met:

  1. The company was involved in the product's stream of commerce.
  2. The product was used in a manner reasonably foreseen.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
    2. You were injured because there was a hazardous 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 sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product may avoid liability if:

  • You discover who the manufacturer is, it still does business and is financially capable of reimbursing you for all of your damages.
  • The vendor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • There is no evidence is submitted to the court that the vendor was involved in any other aspect of the design and manufacturing process.
  • The dismissal is requested to the court within 60 days.

If the aforementioned conditions are fulfilled, the distributor 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 engineering of the product than they led on, were otherwise responsible for the fault or the manufacturer cannot pay for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery you are owed.

Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense will only work for for inadequate warning product liability lawsuits, 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 Carthage, MO are decided by the concept of negligence. We all owe each other a duty of care in certain situations; for example, Carthage, MO dog owners must always have control of their dog. When someone fails in that obligation, for example if are injured by a fatigued truck driver they might be found liable for your damages and would owe you a financial recovery.

By contrast, most product liability or defective products cases come down to strict liability, meaning that anyone in the chain of distribution 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 Carthage, 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:

  1. Design Defect: A design defect is an inherent defect in the design that afterwards passes the flaw to all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
  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, 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 leaving sharp edges on plastic or other materials.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: 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 a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer typically does not have to warn against obvious risks. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety protocols for ensuring the safety of their products. Even so, too often corporations do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Carthage, MO will fight by your side and demand only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Carthage, MO

A common defense for manufacturers in a defective products claim is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for those in the chain of distribution to put forth the argument that you are responsible for a portion of the fault and, therefore, they are not required to compensate 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 eschew their duty to reimburse you for the damage their product did to you. Your Carthage, MO defective products lawyer at Burger Law will not let them get away with it. Under the statute, the defense may say you bear some or all of the fault if one or several of the following circumstances are present in your case:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect the public to use it. 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 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 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 considerably reduce it but can significantly diminish 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 called as "Assumption of the risk," a concept in tort claims wherein, 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 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 injured doing such a thing.
  • You failed to take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 have a duty to try to lessen the amount of compensation you are owed. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 — try to convince the court that comparative fault applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies implement a variety of deceitful tactics to try and devalue your claim, but your Carthage, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies 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 takes claims on a contingency fee basis, which means we collect a moderate percentage of the compensation you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Get in touch with Burger Law right away at (314) 500-HURT for legal advocacy that matches and exceeds that of resistant manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Carthage, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Carthage, 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 crashes and fires, and fail to protect drivers and passengers from harm as intended. Common faulty automobile components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Tires
  • Steering systems
  • Headlights and taillights

Offroad vehicles like 4-wheelers 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 Carthage, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Carthage, MO has seen cause further complications for patients include:

  • Artificial hips, knees or other joints that can result in infections, limited mobility, pain or frequent dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
  • Surgical robots intended to operate on hard to reach areas which, when faulty, can result in punctured 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 pierce organs, result in pain in the pelvic region, abnormal bleeding and unintended pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, mostly because of problems with software.

In 2017, the U.S. Health and Human Services Department announced that throughout a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Carthage, 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 company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused unthinkable pain and permanent 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 filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Carthage, MO

The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. 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. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people who need medicine and treatments that are truly effective. 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 Carthage, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

Hundreds of thousands of 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 a family member sustained injuries because of irresponsible pharmaceutical companies and corporations, 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 held opioid manufacturers accountable when their selfishness has taken someone from their family too soon.

Other common dangerous products we file suit for in Carthage, MO include:

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

Call Burger Law Now

Carthage, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Carthage, MO knows that being hurt by a hazardous product can completely upend your life. That is why we strive to see the vulnerable in Carthage 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 do not hesitate to start working on wining you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Carthage, 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 Carthage, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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