Defective Products Lawyer in Cole County, MO.
Defective Products Lawyer in Cole County, MO. If you or a loved one sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Cole County, MO right away at or fill out our online form for a complimentary consultation.
Imagine what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit by a computer or work around machines, and/or use your cell phone on and off throughout the day. You may go 4-wheeling on the weekend. You may even have a ankle replacement 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 market. When there is a mistake in that process and a product becomes dangerous, it can cause severe injuries to you and your Cole County, MO family. If tragedy struck you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the maximum compensation you deserve.
In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Cole County and throughout Missouri in excess of $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Cole County, MO right away at .
If you were injured by a defective product in Cole County, MO, see the true value of your claim by filling out our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Cole 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?
Cole County, MO Defective Products Statistics
The Consumer Product Safety Commission has found that faulty products are responsible for over 29 million injuries and 21,000 fatalities every year.
Based on 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 harm an unsafe product can cause.
If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Cole County, MO for passionate, dedicated and knowledgeable support and legal advocacy.
How Defective Products Claims Work in Cole County, MO
- The person was involved in the product's design, manufacture, distribution and sale.
- The product was used in a manner easily anticipated.
- Either or both of the following conditions:
- The product was in a defective condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, and/or
- Your injuries stemmed from a dangerous 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 purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may be dismissed from the case if:
- The manufacturer is known, has not closed their business and is able to compensate you for all of your damages.
- The entity that sold it signs an affidavit under oath that their only involvement in the stream of commerce was selling it.
- No other party in the case submits evidence that the distributor took part in any other facet of the chain of distribution.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If those conditions are fulfilled, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they had a larger role in the production of the product than they implied, were otherwise liable for the dangerous condition or the manufacturer is unable to pay for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation that they owe you.
Missouri Revised Statute §537.764 provides one defense 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 it is up to the defense to prove that there is no way they could have known about the dangerous condition.
Negligence vs. Strict Liability in Defective Products Cases
The majority of personal injury suits in Cole County, MO depend on the idea of negligence. We all have an responsibility to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Cole County, MO roads. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they may be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or dangerous products claims are strict liability claims, meaning that anyone in the chain of distribution is at fault for any damage 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 Cole 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 inherent flaw in the design that afterwards affects all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
- Manufacturing Defects: This refers to a product that was safe in its design but became unsafe 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 incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
- Failure to Warn of Known Risks or Risks That Should Have Been Foreseen: 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 a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product generally does not have to warn against dangers that a reasonable person would anticipate. 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 thorough safety protocols for ensuring that their products will not put the people who use it at risk. However, 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 hurt anyone. In those cases, your Burger Law defective products lawyer in Cole County, MO will fight on your behalf and insist on only the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in Cole County, MO
Manufacturers, sellers and anyone else in the chain of distribution will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the defendants to put forth the argument that you are responsible for a portion of your damages and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the stream of commerce makes to get out their responsibility to reimburse you for the harm they have caused. Your Cole County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative negligence 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 the public to use it. 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 reasonably foresee that happening.
- You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can significantly reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto 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 principle in tort claims whereby, 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. 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 followed recommended safety measures.
- You did not 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 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 manufacturer or vendor can — and will — work hard to persuade a jury that comparative negligence applies to your claim, that does not mean they will be successful. Bullying corporations and insurance companies use numerous tricks to try and lower your claim, but your Cole County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations are unfair and try to take advantage of people who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you receive, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law now at for legal counsel that parallels and eclipses that of bullying manufacturers and sellers and insurance adjusters.
Defective Vehicle Parts Lawyer in Cole County, MO
Our defective products lawyer team sees in Cole County, 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 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 motor vehicle parts we see are:
- Fuel systems
- Electrical wiring
- Door latches
- Engine cooling fan blades
Alternative vehicles like 4-wheelers can also cause harm, for instance many of them are prone 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 Cole County, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more complications when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Cole County, MO has seen cause further injuries to patients are:
- Artificial hips, knees or other joints that can result in infections, instability, pain or frequent dislocations
- Pacemakers, which can result in infections or even wrongful death when they do not last as long as expected
- Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can cause pierced organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control implements that can pierce organs, result in pain in the pelvic region, abnormal bleeding and unplanned pregnancies
As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly because of defects in software.
In 2017, the U.S. Health and Human Services Department stated that over the span of a decade Medicare paid out at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a faulty medical device ended up aggravating your condition, your Cole County, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to deteriorate too quickly and have caused unimaginable pain and permanent damage to potentially 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 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 Cole County, MO
The Federal Drug Administration has stringent procedures 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 market. That means that many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 Cole County, MO to stand up to these bullying corporations and let them know that their behavior is unacceptable.
Hundreds of thousands of medications and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or a loved one received injuries because of careless pharmaceutical companies and manufacturers, reach out to 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 they have caused. 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 examples of defective products we file suit for in Cole County, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Cole County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Cole County, MO knows that being hurt by a faulty product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Cole County and throughout Missouri collect fair compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on wining you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical toll your injury has taken on you and your Cole County, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Cole County, MO immediately at or contact us online to start on the path to true healing.