Defective Products Lawyer in Chillicothe, MO.
Defective Products Lawyer in Chillicothe, MO. If you or a loved one sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Chillicothe, MO today at or fill out our online form for a complimentary consultation.
Picture what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around technology, and/or use your cell phone on and off throughout the day. You may go boating 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 at one point was designed, produced, shipped and sold. When there is an error in the stream of commerce and a product becomes defective, it can have a devastating impact on Chillicothe, MO individuals and families. When that happens to you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the full financial recovery you deserve.
In our In our 70 years of combined experience fighting for fairness and justice, we have gotten our clients in Chillicothe and beyond more than $170 million. Talking to us is free, so there's no reason not to reach out. Get in touch with a defective products lawyer in Chillicothe, MO immediately at .
If you were hurt by a defective product in Chillicothe, MO, see how much your claim may be worth by using our complimentary personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Chillicothe, 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 Chillicothe, MO?
The Consumer Product Safety Commission estimates that defective products account for 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 speaks to the extreme harm 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 Chillicothe, MO for compassionate, committed and experienced support and legal advocacy.
How Defective Products Claims Work in Chillicothe, MO
- The defendant was involved in the product's stream of commerce.
- The product was used in a way logically foreseen.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably hazardous when the product was sold 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 "stream of commerce" refers to anyone involved in the product from initial conception to sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can be dismissed from the case if:
- The manufacturer is known, still does business and is able to pay for the entirety of your injuries.
- The vendor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- No other party in the case submits evidence 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 those conditions are fulfilled, the vendor 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 defect or the manufacturer cannot compensate you for the entirety 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 compensation you are owed.
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 hit the shelves. This defense will only work for for inadequate warning product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury claims in Chillicothe, MO are determined by the idea of negligence. We all owe each other a duty of care in certain situations; for example, Chillicothe, MO dog owners must always have control of their dog. When someone fails in that duty, for instance if if there a loose floor boards at a restaurant that cause you to fall they might be found responsible for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or defective products cases are strict liability claims, meaning that a designer, manufacturer or vendor is liable 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 Chillicothe, 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 innate imperfection in the design that afterwards affects all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
- Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes 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 installing outdated components or a swing set with a cracked chain.
- Failure to Warn of Known Risks or Risks That Should Have Been Foreseen: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about innate risks. Examples include a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product 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 meant to incentivize corporations to implement comprehensive safety protocols for ensuring the safety of their products. However, too often corporations do not value our safety and try to focus more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Chillicothe, MO will fight by your side and demand nothing but the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Chillicothe, MO
Manufacturers, vendors and anyone else in the chain of distribution will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to posit 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 awards you $100,000 but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Chillicothe, 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 vendor 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. On the other hand, 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 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 reduce 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 principle in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
- 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 did not 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 are your fault because you had not obeyed recommended safety measures.
- You failed to mitigate your damages. In any personal injury claim, you have a duty to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 — work hard to persuade a jury that comparative fault applies to your injuries, that does not mean they will be successful. Large corporations and insurance companies implement a variety of tricks to try and minimize your claim, but your Chillicothe, 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 who have never had to file a lawsuit before. All you will ever owe is a contingency fee, 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. Call Burger Law today at for legal advocacy that matches and eclipses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Chillicothe, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Chillicothe, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not work as they should. Common defective car parts we see are:
- Electrical systems
- Door latches
- Engine cooling fan blades
Offroad vehicles like ATVs can also cause harm, for instance many of them are prone to flipping 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 Chillicothe, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Chillicothe, MO has seen cause further injuries to patients include:
- Artificial hips, knees or other joints that can result in infections, limited mobility, pain or repeated dislocations
- Pacemakers, which can cause infections or even wrongful death because of premature failures
- Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can lead to perforated organs, infections and internal burns
- Blood clot filters that permit free-floating blood clots to slip into the lungs
- Permanent birth control implements that can puncture organs, result in pelvic pain, excessive hemorrhaging and unplanned pregnancies
As the medical industry keeps coming up with new technologies, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to problems with software.
In 2017, the U.S. Health and Human Services Department found that over a decade Medicare paid out 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 immense pain instead of easing it. If a defective medical device ended up worsening your condition, your Chillicothe, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to deteriorate too quickly and have caused unimaginable pain and lifelong damage to possibly 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 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 by clicking the link below:
Defective Drug Lawyer in Chillicothe, MO
The Federal Drug Administration has firm procedures that pharmaceutical companies must adhere to from manufacturing to delivery. 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 medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over the safety of the people they are supposed to be helping. 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 Chillicothe, MO to stand up to these bullying corporations and make them realize that their conduct is deplorable.
Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or a family member had your condition deteriorate because of careless pharmaceutical companies and manufacturers, reach out to 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 negligence has taken someone from their family too soon.
Other examples of defective products we collect compensation for our clients for in Chillicothe, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Chillicothe, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Chillicothe, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we endeavor to see the injured in Chillicothe and throughout Missouri get the best possible 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 getting you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Chillicothe, 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 Chillicothe, MO immediately at or contact us online to start on the path to true healing.