Defective Products Lawyer in Cuba, MO.
Defective Products Lawyer in Cuba, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Cuba, MO immediately at or fill out our online form for a free case review.
Think of what you do every day: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around machines, and/or use your iPhone on and off throughout the day. You may drive go-carts on the weekend. You may even have a knee replacement or other medical device. 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 an oversight in the stream of commerce and a product becomes dangerous, it can have a disastrous impact on on your life and lives of those you love in Cuba, MO. 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 deliver you the great financial recovery you deserve.
In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Cuba and beyond over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Cuba, MO today at .
If you were harmed by a dangerous product in Cuba, MO, discover the true value of your case by utilizing our complimentary personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Cuba, 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 Cuba, MO?
The Consumer Product Safety Commission estimates that defective products account for more than 29 million injuries and 21,000 deaths each year.
Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the incredible devastation an unsafe product can cause.
If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Cuba, MO for passionate, dedicated and skilled support and legal representation.
How Defective Products Claims Work in Cuba, MO
Pursuant to Missouri Revised Statute §537.760, you and your Cuba, MO defective products lawyer can can hold a person or corporation accountable for your damages if three conditions are true:
- The person was involved in the product's design, manufacture, distribution and sale.
- The product was used in a manner logically anticipated.
- One or both of the following:
- The product had a faulty condition that was unreasonably dangerous when the product was sold and your injuries are a direct result of that defect, 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 "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, a person or company who had nothing to do with the product beyond selling it may be dismissed from the case if:
- The manufacturer is known, still exists and is financially capable of compensating you for all of your injuries.
- The vendor signs an affidavit under threat of perjury that their only involvement in the process was selling it.
- No other party in the case comes forward with evidence that the seller took part in any other facet of the stream of commerce.
- The dismissal is requested to the court within 60 days.
If those conditions are satisfied, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they had a larger role in the production of the product than they led on, were otherwise liable for the hazardous condition or the manufacturer is unable to compensate you for the entirety of your injuries, 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 has an exception 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 was introduced to the public. This defense is only applicable to for inadequate warning defective products cases, and the burden of proof is on the defense.
Negligence vs. Strict Liability in Defective Products Cases
The majority of personal injury suits in Cuba, MO are decided by the idea of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if if there a loose floor boards at a restaurant that cause you to fall they might be found responsible for your damages and would owe you a financial recovery.
However, most product liability or defective products claims come down to strict liability, meaning that anyone in the chain of distribution is accountable for any injuries that results the reasonable use of a product, 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 Cuba, 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 fault in the design that afterwards passes the imperfection 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, 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 a swing set with a cracked chain.
- Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about innate risks. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer typically does not have to warn against dangers that a reasonable person would anticipate. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is meant to incentivize corporations to implement exhaustive safety procedures for guaranteeing that their products will not put the people who use it at risk. However, too often corporations do not value our safety and spend more energy on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Cuba, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but full compensation.
Comparative Negligence in Defective Productions Claims in Cuba, MO
An oft-used defense for manufacturers in a product liability lawsuit is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to put forth the argument that you share a portion of your injuries and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the chain of distribution makes to get out their responsibility to reimburse you for the harm they have caused. Your Cuba, 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 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, 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 use of the product.
- You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably decrease it but can considerably lower it. Suppose 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 referred to as "Assumption of the risk," a concept in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 failed to take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 recommended precautions.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. 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 seller can — and will — assert that comparative fault applies to your injuries, that does not mean they will be successful. Bullying corporations and insurance companies implement a variety of dishonest ruses to try and devalue your claim, but your Cuba, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations will try everything to avoid paying you and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you are awarded, and you owe us nothing until we win your case. Reach out to Burger Law right away at for legal representation that matches and exceeds that of resistant manufacturers and distributors and insurance adjusters.
Defective Vehicle Parts Lawyer in Cuba, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Cuba, MO. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause crashes and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous motor vehicle parts we see are:
- Fuel systems
- Electrical systems
- Engine cooling fan blades
Offroad vehicles like 4-wheelers can also cause damage, 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 Cuba, MO
Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us even more complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Cuba, MO has seen cause further injuries to patients include:
- Artificial hips, knees or other joints that can cause infections, instability, pain or frequent dislocations
- Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
- Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to punctured 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 hemorrhaging and unwanted pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly because of defects in software.
In 2017, the U.S. Health and Human Services Department found that throughout a decade Medicare paid out at least $1.5 billion to replace over 73,000 defective heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of helping us. If a faulty medical device caused you injuries, your Cuba, 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, was forced to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused incredible pain and permanent damage to potentially as many as 150,000 people who had the replacement joint implanted. 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 our original complaint by clicking the link below:
Defective Drug Lawyer in Cuba, MO
The Federal Drug Administration has firm protocols 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 shelves. That means that many medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than the safety of the people who need medicine and treatments that are truly effective. 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 Cuba, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.
Four thousand five hundred drugs 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 manufacturers, contact 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 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 common defective products we see in Cuba, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Cuba, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Cuba, MO knows that being injured by a hazardous product can completely upend your life. That is why we strive to see the vulnerable in Cuba 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 expenses and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Cuba, MO family. We will stand by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Cuba, MO now at or contact us online to take the first step toward being made whole again.