Defective Products Lawyer in Desloge, MO.
Defective Products Lawyer in Desloge, MO. If you or a loved one sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Desloge, MO right away at or fill out our online form for a complimentary case evaluation.
Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit at in a chair or work around machines, and/or use your iPhone at various times during the day. You may go 4-wheeling on your free days. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that had to be designed, manufactured, packaged and purchased. When there is an oversight in the chain of distribution and a product becomes hazardous, it can have a catastrophic impact on Desloge, MO individuals and families. When that happens to you, you need the knowledgeable and dedicated 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 In our 30 years of experience standing up for fairness and justice, we have gotten our clients in Desloge and beyond over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Desloge, MO now at .
If you were hurt by a faulty product in Desloge, MO, find out how much your claim may be worth by filling out our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Desloge, 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?
Desloge, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that faulty products are responsible for more than 29 million injuries and 21,000 fatalities every 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 extreme ruin an unsafe product can cause.
If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Desloge, MO for compassionate, committed and talented support and legal representation.
What is the Process for Defective Products Claims in Desloge, MO?
- The person was part of the product's stream of commerce.
- The product was used in a way rationally anticipated.
- Either or both of the following conditions:
- The product had a faulty condition that was unreasonably dangerous when the product was sold that was the proximate cause of your injuries, 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 sale, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it can be dismissed from the claim if:
- You discover who the manufacturer is, it still does business and is able to pay for the entirety of your injuries.
- The distributor makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
- No other party in the case comes forward with evidence that the seller was involved in any other part of the stream of commerce.
- The dismissal is requested to the judge no later than 60 days after the complaint is filed.
If those conditions are satisfied, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they had a larger role in the engineering of the product than they led on, were otherwise liable for the hazardous condition or the manufacturer is unable to reimburse you for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every liable party is held accountable.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense will only work for for inadequate warning defective products cases, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.
The Difference Between Strict Liability and Negligence in Defective Products Cases
The majority of personal injury suits in Desloge, MO are determined by the idea of negligence. We all have a civil duty to not recklessly cause injuries to other people 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 may be held 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 claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product 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 Desloge, 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 defect in the design that subsequently passes the fault to all products with the same design. An example is a piece of clothing that is easily flammable.
- Manufacturing Defects: A product can be designed effectively and safely but still become hazardous 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 bugs or other contaminants found in beverages or a swing set with a cracked chain.
- Insufficient Warnings and Instructions: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. 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 generally 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 meant to encourage corporations to implement comprehensive safety protocols for guaranteeing that their products will not pose a danger to the public. However, too often companies are negligent 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 Desloge, MO will fight by your side and insist on only the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in Desloge, MO
A common defense for manufacturers in a product liability claim is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the defendants to posit that you share a portion of your damages and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent liable for your injuries, you will only receive $70,000. Often, claims of comparative fault are a disingenuous attempt an entity involved in the chain of distribution makes to get out their duty to pay you for the damage their product did to you. Your Desloge, 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 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, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. 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 be expected to foresee that use of the product.
- You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can significantly diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car wreck. 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 called as "Assumption of the risk," a concept in tort claims whereby, 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 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 follow safety guidelines. 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 would have been avoided had you followed proper protocols.
- You failed to 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 unnecessary medical treatment. 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 people in the stream of commerce can — and will — work hard to persuade a jury 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 use a variety of dishonest ruses to try and lower your claim, but your Desloge, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair 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 get paid a moderate percentage of the compensation you receive, and you owe us nothing until we win your case. Call Burger Law right away at for legal counsel that rivals and exceeds that of bullying manufacturers and vendors and insurance companies.
Defective Vehicle Parts Lawyer in Desloge, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Desloge, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not work as they should. Common defective automobile components we see are:
- Electrical systems
Offroad vehicles like ATVs 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 Desloge, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Desloge, MO has seen be defective are:
- Artificial joints that can cause infections, instability, pain or repeated dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
- Robotic surgical assistants intended to operate on hard to reach areas which, when they do not work properly, can lead to punctured organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control devices that can perforate organs, lead to pelvic pain, abnormal blood loss and unwanted pregnancies
As the medical industry keeps coming up with more and more advanced technologies, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly owing to issues with software.
In 2017, the U.S. Health and Human Services Department reported that over the span of 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular 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 faulty medical device ended up aggravating your condition, your Desloge, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February of this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who had received the replacement joint. 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 continue to take on Exactech Knee Replacement cases. You can read our original complaint by clicking the link below:
Defective Drug Lawyer in Desloge, MO
The Federal Drug Administration has firm procedures that pharmaceutical companies must follow 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 medications reach the shelves 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 Desloge, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.
Hundreds of thousands of 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 someone you love had your condition worsen because of irresponsible 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 has been inflicted because of their actions. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.
Other examples of defective products we see in Desloge, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Desloge, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Desloge, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we strive to see the injured in Desloge and throughout Missouri get the best possible 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 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 Desloge, 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 Desloge, MO today at or contact us online to start on your journey to being made whole again.