Defective Products Lawyer in Concord, MO.
Defective Products Lawyer in Concord, MO. If you or someone you care about was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Concord, MO immediately at or fill out our online form for a complimentary case review.
Think of your daily routine: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your car, sit at in a chair or work around machines, and/or use your iPhone throughout the day. You may go boating on your days off. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of product that had to be designed, manufactured, shipped and purchased. When there is a mistake in the stream of commerce and a product becomes dangerous, it can have a catastrophic effect on Concord, MO individuals and families. When that happens to you, you need the accomplished and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and win you the maximum financial recovery you are owed.
In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in Concord and throughout Missouri in excess of $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Concord, MO immediately at .
If you were harmed by a faulty product in Concord, MO, see the true value of your case 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 Concord, 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?
Concord, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that faulty products result in in excess of 29 million injuries and 21,000 deaths 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 shows the unbelievable destruction an unsafe product can cause.
If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Concord, MO for compassionate, dedicated and expert support and legal advocacy.
How Defective Products Claims Work in Concord, MO
- The defendant was involved in the product's chain of distribution.
- You used the product in a manner reasonably anticipated.
- One or both of the following:
- The product had a defective condition that was unreasonably hazardous when the product was sold that caused you direct harm, and/or
- You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.
The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can avoid liability if:
- You discover who the manufacturer is, it still does business and can afford to reimburse you for all of your injuries.
- The distributor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
- There is no evidence is brought in front of the court that the distributor took part in any other part of the design and manufacturing process.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the aforementioned conditions are satisfied, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they had a larger role in the design and manufacture of the product than they intimated, were otherwise liable for the dangerous condition or the manufacturer is unable to compensate you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery you are owed.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be entirely understood before use by the consumer. This defense will only work for for failure to warn defective products claims, and the burden of proof is on the defense.
Negligence vs. Strict Liability in Defective Products Cases
Most personal injury lawsuits in Concord, MO are based on the idea of negligence. We all owe each other a duty of care in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they can be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or hazardous products cases are strict liability claims, meaning that anyone in the chain of distribution is responsible 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 Concord, 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 you acquired it.
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 defect in the design that subsequently affects all products with the same design. An example is a toy intended for children that contains a choking hazard.
- 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 affect only one product, 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 not properly fastening components to each other.
- Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This occurs when the product was not hazardous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger 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 chainsaw can cut you.
Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety procedures for verifying that their products will not put the people who use it at risk. Even so, too often corporations do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Concord, MO will fight by your side and demand nothing but a full financial recovery.
Comparative Negligence in Defective Productions Claims in Concord, MO
A common defense for manufacturers in a defective products case is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the defendants to argue that you are liable for a portion of the fault and, therefore, they are not required to compensate you 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, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt a manufacturer makes to get out their duty to reimburse you for the damage their product did to you. Your Concord, 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 distributor 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. By contrast, 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 reasonably foresee that happening.
- You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably decrease it but can considerably reduce it. Suppose 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 referred to as "Assumption of the risk," a theory in tort claims whereby, if the injured party was aware of risks, 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 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 failed to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not followed proper protocols.
- You did not mitigate your damages. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. 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 you have no right to ask them for money they do not owe you.
Just because people in the stream of commerce can — and will — try to convince the court that comparative negligence applies to your case, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies implement myriad tricks to try and minimize your claim, but your Concord, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations 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 works on a contingency fee basis, which means we collect a moderate percentage of the compensation you get, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law today at for legal advocacy that matches and eclipses that of bullying manufacturers and sellers and insurance companies.
Defective Vehicle Parts Lawyer in Concord, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Concord, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in accident and fires, and lead to further injuries when the safety components to not function as they should. Common faulty car parts we see are:
- Fuel systems
- Windshield wipers
Alternative vehicles like 4-wheelers 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 Concord, 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 they are defective. Common medical devices that your Burger Law defective products lawyer in Concord, MO has seen be defective include:
- Artificial joints that can result in infections, instability, pain or repeated dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can lead to pierced organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control implements that can pierce organs, lead to pelvic pain, abnormal hemorrhaging and unwanted pregnancies
As the medical industry keeps implementing new technologies, the numbers of recalls issued for medical devices has gone up exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the foremost factor.
In 2017, the U.S. Health and Human Services Department found that over the span of a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up aggravating your condition, your Concord, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unneeded 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. Their knee replacements were improperly packaged and shipped, causing them to degrade sooner than anticipated and have caused unimaginable pain and permanent damage to potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was contacted 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 our original complaint by clicking the link below:
Defective Drug Lawyer in Concord, MO
The Federal Drug Administration has strict procedures that pharmaceutical companies must obey from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. With no absolute independent testing many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than the safety of the people they are supposed to be helping. 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 Concord, MO to stand up to these bullying corporations and make them realize that their conduct is deplorable.
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 loved one had your condition deteriorate because of careless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer immediately. 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 accountable when their negligence has taken someone from this world too soon.
Other examples of defective products we see in Concord, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Concord, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Concord, MO knows that being injured by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Concord and throughout Missouri get full 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 costs and lost wages, as well as the mental and physical toll your injury has taken on you and your Concord, 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 Concord, MO immediately at or contact us online to take the first step toward true healing.