Defective Products Lawyer in Concordia, MO.
Defective Products Lawyer in Concordia, MO. If you or a family member was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Concordia, MO today at or fill out our online form for a free case review.
Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around heavy machinery, and/or use your android throughout the day. You may go 4-wheeling on the weekend. 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 at one point was designed, manufactured, shipped and purchased. When there is a breakdown in that process and a product becomes dangerous, it can cause serious harm to you and your Concordia, MO family. If tragedy struck you, you need the experienced and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the maximum compensation you deserve.
In our three decades of negotiation, litigation and trial experience, we have gotten our clients in Concordia and throughout Missouri over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Concordia, MO now at .
If you were injured by a faulty product in Concordia, MO, find out how much your claim may be worth by filling out our complimentary personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Concordia, 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?
Concordia, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that hazardous products result in more than 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 speaks to the incredible destruction that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.
If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Concordia, MO for compassionate, dedicated and expert support and legal counsel.
What is the Process for Defective Products Claims in Concordia, MO?
- The defendant was part of the product's stream of commerce.
- You used the product in a manner rationally foreseen.
- Either or both of the following conditions:
- The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or seller's and your injuries are a direct result of that defect, and/or
- You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.
The "chain of distribution" refers to anyone involved in the product from initial design to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:
- You discover who the manufacturer is, it still does business and is able to compensate you for all of your injuries.
- The entity that sold it 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 vendor took part in any other aspect of the chain of distribution.
- The motion to dismiss is filed within 60 days.
If those conditions are met, 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 proves that they were actually involved in the engineering of the product, were otherwise at fault for the fault or the manufacturer is unable to pay for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every to-blame party is held responsible.
Missouri Revised Statute §537.764 mentions a caveat 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 went to market. This defense will only work for for inadequate warning product liability lawsuits, and the burden of proof is on the defense.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury claims in Concordia, MO are decided by the notion of negligence. We all have a duty to each other's safety in certain situations; for example, doctors must treat their Concordia, MO patients with a standard of care. When someone fails in that responsibility, for instance if sustain an injury because you were hit by a distracted driver they might be found liable for your damages and would have to pay you compensation.
However, most product liability or hazardous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is liable for any injuries 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 Concordia, 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 came into your possession.
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 flaw in the design that subsequently affects all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of a failure in the manufacturing process. This can either only make one product defective, 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 incorrectly installing wires or electrical components or not properly fastening components to each other.
- Insufficient Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but instead 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. The company that makes a product generally does not have to warn against obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is meant to incentivize corporations to implement exhaustive safety protocols for verifying 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 concentrate more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Concordia, MO will hold them accountable by conducting a full investigation of your case and insisting on only full compensation.
Comparative Negligence in Defective Productions Claims in Concordia, MO
Manufacturers, distributors and anyone else in the chain of distribution will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to posit that you share a portion of the fault and, therefore, they are not obligated to reimburse 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 liable for the accident, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to get out their duty to reimburse you for the damage their product did to you. Your Concordia, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. 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 distributor is only responsible for ensuring the product is safe for reasonable or predictable use. 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 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 way the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to entirely avoid liability but can considerably lower it. Say 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 theory in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
- 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 neglected to 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 adhered to proper protocols.
- You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 — work hard to persuade a jury that comparative fault applies to your injuries, that does not mean the claim is automatically true. Large corporations and insurance companies use a lot of tricks to try and lower your claim, but your Concordia, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you collect, and you do not pay us anything until we win your case. Reach out to Burger Law right away at for legal representation that parallels and eclipses that of resistant manufacturers and vendors and insurance adjusters.
Defective Vehicle Parts Lawyer in Concordia, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Concordia, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common faulty motor vehicle parts we see are:
- Windshield wipers
- Steering systems
- 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 Concordia, MO
Medical devices are intended to make our lives better and allow us to live the life we want. 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 Concordia, MO has seen cause further injuries to patients are:
- Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or repeated dislocations
- Pacemakers, which can lead to infections or even wrongful death when they do not last as long as expected
- Surgical robots designed to operate on hard to reach areas which, when faulty, can lead to pierced organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can puncture organs, result in pain in the pelvic region, abnormal hemorrhaging and unwanted pregnancies
As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the chief cause.
In 2017, the U.S. Health and Human Services Department stated that throughout 10 years 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 advanced medical devices might cause us immense pain instead of helping us. If a flawed medical device caused you damages, your Concordia, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
Earlier 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 unthinkable pain and permanent damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was retained 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 button below:
Defective Drug Lawyer in Concordia, MO
The Federal Drug Administration has strict protocols that pharmaceutical companies must obey 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. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than 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 Concordia, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.
Four thousand five hundred medications and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by winning you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from their family too soon.
Other common dangerous products we collect compensation for our clients for in Concordia, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Concordia, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Concordia, MO knows that when manufacturers and sellers 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 strive to see the vulnerable in Concordia and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. 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, in addition to the emotional and physical hardships your injury has taken on you and your Concordia, 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 Concordia, MO immediately at or contact us online to start on your journey to true healing.