Defective Products Lawyer in Crawford County, MO.
Defective Products Lawyer in Crawford County, MO. If you or someone you care about was harmed by a dangerous product, call a Burger law defective products lawyer in Crawford County, MO right away at or fill out our online form for a free consultation.
Imagine what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around heavy machinery, and/or use your android on and off throughout the day. You may drive go-carts on your free days. 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 buyer. When there is a breakdown in the chain of distribution and a product becomes defective, it can have a catastrophic effect on on your life and lives of those you love in Crawford County, MO. If tragedy struck you, you need the accomplished and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the best possible compensation you deserve.
In our In our 70 years of combined experience fighting for fairness and justice, we have delivered our clients in Crawford County and beyond in excess of $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Crawford County, MO immediately at .
If you were hurt by a faulty product in Crawford County, MO, find out how much your claim may be worth by using our complimentary personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Crawford 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 Crawford County, MO?
The Consumer Product Safety Commission estimates that defective products cause over 29 million injuries and 21,000 fatalities every year.
According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the incredible harm an unsafe product can cause.
If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Crawford County, MO for understanding, devoted and experienced support and legal representation.
How Defective Products Claims Work in Crawford County, MO
- The corporation was involved in the product's design, manufacture, distribution and sale.
- The product was used in a way easily expected.
- Either or both of the following conditions:
- The product was in a defective condition that was unreasonably dangerous 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 "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the suit if:
- The manufacturer is known, still exists and is financially capable of paying you for all of your damages.
- The distributor makes an affidavit under oath that their only involvement in the process was selling it.
- There is no evidence is brought in front of the court that the distributor was involved in any other part of the stream of commerce.
- The dismissal is requested to the judge within 60 days.
If the aforementioned conditions are fulfilled, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise at fault for the fault or the manufacturer is unable to compensate you for the entirety of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation you deserve.
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 hit the shelves. This defense will only work for for inadequate warning defective products 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 cases in Crawford County, MO depend on the idea of negligence. We all have an obligation to each other's safety in certain situations; for example, doctors must treat their Crawford County, MO patients with a standard of care. When someone fails in that obligation, for instance if sustain an injury because you were hit by a distracted driver they might be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or hazardous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is accountable for any injuries 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 Crawford 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 — 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 passes the flaw to 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 affect only one product, 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 a swing set with a cracked chain.
- Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about innate risks. 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 typically does not have to warn against risks 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 intended to encourage corporations to implement thorough safety procedures for guaranteeing the safety of their products. Even so, too often corporations do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Crawford County, MO will fight by your side and insist on nothing but a full financial recovery.
Comparative Negligence in Defective Productions Claims in Crawford County, MO
Manufacturers, sellers and anyone else in the chain of distribution will often rely on the principle of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to posit that you are liable for a portion of the fault 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 liable for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a defendant makes to get out their duty to pay you for the harm they have caused. Your Crawford County, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative fault if the following situations apply:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor 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. 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 be expected to foresee that happening.
- You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to totally avoid liability but can significantly decrease 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 used the product while aware of a reasonable level of danger associated with the use. This is often called as "Assumption of the risk," a principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
- 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 say that any reasonable person would have known that they could be seriously injured doing such a thing.
- You failed to 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 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 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 people in the stream of commerce can — and will — assert that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies implement a lot of dishonest ruses to try and lower your claim, but your Crawford County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you are awarded, and you do not pay us anything until we win your case. Reach out to Burger Law right away at for legal counsel that matches and exceeds that of resistant manufacturers and vendors and insurance adjusters.
Defective Vehicle Parts Lawyer in Crawford County, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Crawford County, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to crashes and fires, and lead to further injuries when the safety components to not function as they should. Common defective automobile components we see are:
- Electrical wires
- Steering systems
- Headlights and taillights
Alternative vehicles like ATVs can also cause damage, 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 Crawford County, MO
We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Crawford County, MO has seen be defective include:
- Artificial hips, knees or other joints that can result in infections, limited mobility, pain or recurring dislocations
- Pacemakers, which can lead to 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 defective, can lead to perforated organs, infections and electrical burns
- Blood clot filters that permit dislodged blood clots to slip into the lungs
- Permanent birth control devices that can perforate organs, result in pelvic pain, excessive bleeding and unplanned pregnancies
As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly owing to defects in software.
In 2017, the U.S. Health and Human Services Department reported that over 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty 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 flawed medical device caused you damages, your Crawford County, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get 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. Their knee replacements were negligently packaged and shipped, causing them to degrade too quickly and have caused unthinkable 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 contacted 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:
Defective Drug Lawyer in Crawford County, MO
The Federal Drug Administration has firm protocols 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 drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit over 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 Crawford County, MO to stand up to these bullying corporations and let them know that their conduct is intolerable.
Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one received injuries because of reckless pharmaceutical companies and corporations, call 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 held opioid manufacturers accountable when their actions have taken someone from this world too soon.
Other examples of dangerous products we collect compensation for our clients for in Crawford County, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Crawford County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Crawford County, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we have dedicated our lives to seeing the injured in Crawford County and throughout Missouri be compensated 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 securing you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Crawford County, 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 Crawford County, MO now at or contact us online to take the first step toward being made whole again.