Defective Products Lawyer in Christian County, MO.
Defective Products Lawyer in Christian County, MO. If you or someone you love was harmed by a dangerous product, reach out to a Burger law defective products lawyer in Christian County, MO today at or fill out our online form for a complimentary case evaluation.
Think of your daily routine: 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 heavy equipment, and/or use your iPhone throughout the day. You may go boating on your days off. 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 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 cause serious harm to you and your Christian County, MO family. If tragedy struck you, you need the expert and committed legal services of Burger Law's defective products lawyer team to stand by your side and deliver you the maximum compensation you deserve.
In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in Christian County and beyond over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Christian County, MO right away at .
If you were hurt by a faulty product in Christian County, MO, learn the true value of your case by filling out our free personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Christian 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?
How Common Are Defective Products in Christian County, MO?
The Consumer Product Safety Commission states that defective products cause in excess of 29 million injuries and 21,000 deaths annually.
According to data 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 shows the extreme devastation that can be caused when manufacturers and distributors do not follow proper safety measures.
If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Christian County, MO for empathetic, committed and experienced support and legal counsel.
How Defective Products Claims Work in Christian County, MO
- The defendant was part of the product's stream of commerce.
- You used the product in a way easily expected.
- One or both of the following:
- The product had a faulty condition that was unreasonably dangerous when it left the manufacturer's or distributor's that was the proximate cause of your injuries, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.
The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to purchase, including the person or entity you bought the product from. According to 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 paying you 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 presents evidence that the distributor was involved in any other facet of the design and manufacturing process.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the above conditions are satisfied, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they had a larger role in the engineering of the product than they implied, were otherwise to blame for the dangerous condition or the manufacturer is unable to reimburse you 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 that every to-blame party is held responsible.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense is only valid for inadequate warning product liability claims, 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 Christian 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, doctors must treat their Christian County, MO patients with a standard of care. When someone fails in that duty, for example if if there a loose floor boards at a restaurant that cause you to fall they might be held accountable for your damages and would have to pay you compensation.
However, most product liability or hazardous products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault for any damage 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 Christian 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 — 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:
- Design Defect: A design defect is an innate fault in the design that subsequently 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: 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 only make one product dangerous, 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 not properly fastening components to each other.
- Failure to Warn of Known Dangers 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 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 not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer typically 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 hold corporations accountable and persuade them to implement exhaustive safety protocols for verifying that their products will not put the people who use it at risk. However, too often companies are negligent and concentrate more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Christian County, MO will hold them responsible by conducting a full investigation of your case and insisting on only full compensation.
Comparative Negligence in Defective Productions Claims in Christian County, MO
An oft-used defense for manufacturers in a dangerous product case is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to posit that you are responsible for a portion of your injuries 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 to blame for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt a manufacturer makes to avoid their obligation to reimburse you for the harm they have caused. Your Christian County, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:
- 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, while chairs are meant to be sat on, standing on one to reach something is common. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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 be expected to foresee that use of the product.
- 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 lower it but can considerably reduce 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 knew of inherent hazards 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 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- 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 were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you adhered to proper protocols.
- 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 unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.
Just because the defense can — and will — argue that comparative fault applies to your injuries, that does not mean the claim is automatically true. Large corporations and insurance companies use myriad dishonest ruses to try and minimize your claim, but your Christian County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the compensation you get, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law today at for legal advocacy that parallels and eclipses that of bullying manufacturers and distributors and insurance companies.
Defective Vehicle Parts Lawyer in Christian County, MO
Our defective products lawyer team sees in Christian County, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common defective automobile components we see are:
- Fuel systems
- Electrical wiring
- Door latches
- Engine cooling fan blades
Offroad vehicles like ATVs can also cause injuries, 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 Christian County, MO
We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more complications when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Christian County, MO has seen be defective are:
- Artificial hips, knees or other joints that can lead to infections, limited mobility, chronic soreness or repeated dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
- Robotic surgical assistants intended to operate on hard to reach areas which, when faulty, can cause pierced organs, infections and internal burns
- Blood clot filters that allow dislodged blood clots to invade the lungs
- Permanent birth control devices that can pierce organs, result in pelvic pain, excessive blood loss and unintended pregnancies
As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has increased exponentially. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the major cause.
In 2017, the U.S. Health and Human Services Department found that over 10 years Medicare spent at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of improving our lives. If a defective medical device ended up aggravating your condition, your Christian County, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.
Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. 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 patients who had the replacement joint implanted. When Burger Law was retained 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:
Defective Drug Lawyer in Christian County, MO
The Federal Drug Administration has firm protocols that pharmaceutical companies must follow from manufacturing to delivery. 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 medications reach the market without an objective analysis of the potential drawbacks compared to the 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, 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 Christian County, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Four thousand five hundred medications 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 someone you love had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, contact 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 has been inflicted because of their actions. Burger Law has already successfully won claims 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 Christian County, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Christian County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Christian County, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we endeavor to see the injured in Christian County and throughout Missouri get maximum compensation 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 bills and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Christian County, MO family. We will fight by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Christian County, MO right away at or contact us online to start on your journey to a true recovery.