Defective Products Lawyer in Clinton, MO.

Defective Products Lawyer in Clinton, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Clinton, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case review.

Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit at in a chair or work around heavy machinery, and/or use your iPhone at various times during the day. You may drive go-carts on the weekend. You may even have a pacemaker or other medical device. 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 shelves. When there is an oversight in that process and a product becomes hazardous, it can have a disastrous impact on Clinton, MO individuals and families. If tragedy struck you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the maximum financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have secured our clients in Clinton and throughout Missouri in excess of $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Clinton, MO now at (314) 500-HURT.

If you were hurt by a faulty product in Clinton, MO, discover how much your claim may be worth by using our free personal injury calculator.



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Clinton, MO:

• FDA Recall List and Safety Alerts
• Consumer Products Safety Commission Recall List
• U.S. Department of Transportation Motor Vehicle Recall List
• Recalls.Gov
• 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 Clinton, MO?

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

According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme devastation that can be caused when manufacturers and vendors do not adhere to proper safety measures.

If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Clinton, MO for understanding, dedicated and expert support and legal advocacy.

How Defective Products Claims Work in Clinton, MO

Pursuant to Missouri Revised Statute §537.760, you and your Clinton, MO defective products lawyer can file a "strict liability" suit if three conditions are met:

1. The corporation was part of the product's chain of distribution.
2. You used the product in a way easily foreseen.
3. Either or both of the following conditions:
   1. The product had a defective condition that was unreasonably dangerous when the product was sold that was the proximate cause of your injuries, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to purchase, including a distributor or vendor. According 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 lawsuit if:

• You discover who the manufacturer is, it still does business and is financially capable of compensating you for all of your injuries.
• The seller signs 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 seller took part in any other aspect of the stream of commerce.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above conditions are fulfilled, the seller 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 production of the product than they led on, were otherwise responsible for the defect or the manufacturer is unable to pay 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 that every at-fault party is held responsible.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only applicable to for inadequate warning defective products claims, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

Most personal injury claims in Clinton, MO depend on the conception of negligence. We all have an responsibility to each other's safety in certain situations; for example, Clinton, MO dog owners must always have control of their dog. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be held responsible for your damages and would owe you a financial recovery.

By contrast, most product liability or hazardous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is responsible 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 Clinton, 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 fault in the design that afterwards passes the flaw to all products with the same design. An example is an electrical appliance that can overheat and cause fires.
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 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 bugs or other contaminants found in beverages or leaving sharp edges on plastic or other materials.
3. Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: This occurs when the product was not defective through design or manufacture, but rather 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 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 generally does not have to warn against obvious dangers. For example, 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 guaranteeing that their products will not put the people who use it at risk. Even so, too often companies do not value our safety and try to focus more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Clinton, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Clinton, MO

An oft-used defense for manufacturers in a product liability claim is that you are at fault for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or seller to argue that you are liable for a portion of the fault and, therefore, they are not liable for 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 your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to avoid their duty to reimburse you for the harm they have caused. Your Clinton, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may say you bear 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 seller is only has to make a product safe for ways that they can expect a consumer to use it. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. 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 use a loaded shotgun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that use of the product.
• You used the product in a manner 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 reduce it but can considerably decrease it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle wreck. 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you make custom modification to your car's engine despite not being a mechanic. 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. 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 financial recovery you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 they will be successful. Powerful corporations and insurance companies employ myriad deceitful tactics to try and lower your claim, but your Clinton, MO defective products lawyer at Burger Law knows how to combat them. We know these companies are unfair and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the compensation you receive, and we do not collect any attorney's fees until you get the great compensation you deserve. Call Burger Law now at (314) 500-HURT for legal counsel that matches and surpasses that of bullying manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Clinton, MO

Our defective products lawyer team sees in Clinton, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to crashes and fires, and fail to protect occupants from harm as intended. Common dangerous car parts we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wires
• Wheels
• Seats
• Accelerators

Offroad vehicles like 4-wheelers can also cause injuries, 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 Clinton, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Clinton, MO has seen cause further injuries to patients include:

• Artificial hips, knees or other joints that can cause infections, instability, pain or frequent dislocations
• Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
• 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 cause pierced organs, infections and internal burns
• Blood clot filters that allow dislodged blood clots to invade 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 increased exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the major factor.

In 2017, the U.S. Health and Human Services Department found that throughout a decade Medicare had to spend at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of easing it. If a faulty medical device caused you injuries, your Clinton, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed 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. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused incredible pain and lifelong damage to possibly as many as 150,000 people who were depending on the replacement joint to return their mobility. 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 view our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Clinton, MO

The Federal Drug Administration has strict procedures 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. With no absolute third-party testing many prescriptions reach the shelves 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 truly help their condition. 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 Clinton, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.

Hundreds of thousands of 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 family member had your condition worsen because of reckless pharmaceutical companies and manufacturers, get in touch with 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from this world too soon.

Other common defective products we see in Clinton, MO include:

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

Every Burger Law defective products lawyer in Clinton, MO knows that when manufacturers and distributors 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 pledged our lives to seeing the vulnerable in Clinton and throughout Missouri receive full 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 securing you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical toll your injury has taken on you and your Clinton, 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 Clinton, MO today at (314) 500-HURT or contact us online to take the first step toward true healing.