Defective Products Lawyer in Cass County, MO.
Defective Products Lawyer in Cass County, MO. If you or someone you care about was hurt by a dangerous product, call a Burger law defective products lawyer in Cass County, MO immediately at or fill out our online form for a complimentary case evaluation.
Think of 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 at in a chair or work around heavy equipment, and/or use your cell phone at various times during the day. You may use lawnmowers on the weekend. You may even have a pacemaker 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 buyer. When there is an oversight in the stream of commerce and a product becomes dangerous, it can cause serious harm to you and your Cass County, MO family. When that happens to you, you need the skilled and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and secure you the best possible compensation you are owed.
In our In our three decades of experience fighting for fairness and justice, we have delivered our clients in Cass County and throughout Missouri more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Cass County, MO now at .
If you were hurt by a defective product in Cass County, MO, learn how much your claim may be worth by filling out our free personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Cass 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?
Cass County, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that dangerous products result in in excess of 29 million injuries and 21,000 fatalities each year.
Based on data 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 extreme harm that can be caused when manufacturers and vendors do not adhere to proper safety measures.
If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Cass County, MO for empathetic, devoted and experienced support and legal advocacy.
What is the Process for Defective Products Claims in Cass County, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Cass County, MO defective products lawyer can can hold a person or corporation liable for your damages if three conditions are met:
- The corporation was involved in the product's chain of distribution.
- The product was used in a way logically anticipated.
- One or both of the following:
- The product had a faulty condition that was unreasonably hazardous when it left the manufacturer's or vendor's that caused you direct harm, and/or
- Your injuries stemmed from a hazardous 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 conception to sale, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can be dismissed from the suit if:
- The manufacturer is known, has not closed their business and is financially capable of reimbursing you for the entirety of your injuries.
- The seller makes 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 seller was involved in any other facet of the chain of distribution.
- The motion to dismiss is filed within 60 days.
If the above conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise at fault for the hazardous condition 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 claim and ensure that every to-blame party is held accountable.
Missouri Revised Statute §537.764 has an exception 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 was introduced to the public. This defense will only work for for failure to warn product liability claims, and the burden of proof is on the defense.
Negligence vs. Strict Liability in Defective Products Cases
The majority of personal injury suits in Cass County, MO are won or lost based on the idea of negligence. We all have an responsibility to each other's safety in certain situations; for example, Cass County, MO dog owners must always have control of their dog. When someone fails in that duty, for example if sustain an injury because you were hit by a distracted driver they might be held accountable for your damages and would owe you a financial recovery.
By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone in the chain of distribution is at fault 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 Cass 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 — 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:
- 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 improperly designed safeguard on a power tool.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes in the manufacturing process. This can either only make one product defective, 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 leaving sharp edges on plastic or other materials.
- Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This occurs when the product was not hazardous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about 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 food packaging that does not mention all the ingredients and causes an allergic reaction. 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 meant to hold corporations accountable and persuade them to implement exhaustive safety procedures 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 spend more energy on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Cass County, MO will fight on your behalf and insist on only a full financial recovery.
Comparative Negligence in Defective Productions Claims in Cass County, MO
An oft-used defense for manufacturers in a dangerous product claim is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to put forth the defense that you are responsible for a portion of the fault and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent at fault for the accident, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt a manufacturer makes to get out their duty to pay you for the harm they have caused. Your Cass County, MO defective products lawyer at Burger Law sees through that. 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 a consumer 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 are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not reasonably 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 totally avoid liability but can significantly lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle crash. 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 theory in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
- 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You neglected to follow safety guidelines. 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 would have been avoided had you obeyed recommended precautions.
- You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. For example, you cannot seek unnecessary medical treatment. 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 chain of distribution can — and will — argue that comparative negligence applies to your lawsuit, that does not mean the claim is automatically true. Large corporations and insurance companies use numerous deceitful tactics to try and minimize your claim, but your Cass County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair 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 financial recovery 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 for legal counsel that parallels and exceeds that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Cass County, MO
Our defective products lawyer team sees in Cass County, MO sees more defective vehicles than any other product, both because of their ubiquity 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 cause accident and fires, and fail to protect drivers and passengers from harm as intended. Common defective motor vehicle parts we see are:
- Fuel systems
- Electrical wiring
- Steering systems
Alternative vehicles like ATVs can also cause harm, 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 Cass County, 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 even more complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Cass County, MO has seen be defective are:
- Artificial hips, knees or other joints that can cause infections, instability, chronic soreness or recurring dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can lead to perforated organs, infections and internal 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, excessive bleeding and unwanted pregnancies
As the medical industry keeps inventing new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of problems with software.
In 2017, the U.S. Health and Human Services Department stated that over a decade Medicare spent at least $1.5 billion to replace more than 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 helping us. If a flawed medical device ended up worsening your condition, your Cass County, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was retained by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Cass County, MO
The Federal Drug Administration has stringent 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 shelves. With no absolute third-party testing many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Cass County, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable.
Four thousand five hundred drugs 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 loved one had your condition deteriorate because of careless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer as soon as possible. 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 selfishness has taken someone from this world too soon.
Other common dangerous products we see in Cass County, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Cass County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Cass County, MO knows that being hurt by a hazardous product can completely upend your daily routine, your family and even your present and future financial security. That is why we have pledged our careers to seeing the injured in Cass County and throughout Missouri collect fair 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 do not hesitate to start working on delivering you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Cass County, 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 Cass County, MO right away at or contact us online to start on your journey to being made whole again.