Defective Products Lawyer in Drexel, MO.
Defective Products Lawyer in Drexel, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Drexel, MO right away 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 equipment, and/or use your cell phone on and off throughout the day. You may drive go-carts on the weekend. 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 engineered, manufactured, packaged and purchased. When there is an error in the chain of distribution and a product becomes dangerous, it can cause serious injuries to you and your Drexel, MO family. When that happens to you, you need the knowledgeable and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the maximum compensation you are owed.
In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Drexel and throughout Missouri more than $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in Drexel, MO right away at .
If you were harmed by a dangerous product in Drexel, MO, find out the true value of your case by using our free personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Drexel, 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?
Drexel, MO Defective Products Statistics
The Consumer Product Safety Commission has found that faulty products result in in excess of 29 million injuries and 21,000 deaths annually.
According to facts 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 vendors do not follow proper safety measures.
If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Drexel, MO for understanding, dedicated and skilled support and legal representation.
What is the Process for Defective Products Claims in Drexel, MO?
- The company was involved in the product's stream of commerce.
- You used the product in a manner reasonably anticipated.
- Either or both of the following conditions:
- The product had a faulty condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, 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 that took part in the product coming to fruiting and going to the market, from initial conception to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the lawsuit if:
- You discover who the manufacturer is, it still does business and is financially capable of paying you for the entirety of your injuries.
- The distributor makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
- No other party in the case presents evidence that the seller took part in any other part of the design and manufacturing process.
- The dismissal is requested to the court within 60 days.
If those conditions are fulfilled, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise liable for the fault or the manufacturer is unable to compensate you for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery you are owed.
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 is only valid for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury cases in Drexel, MO depend on the notion 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 fails in that obligation, for example if if there a loose floor boards at a restaurant that cause you to fall they can be found responsible for your damages and would owe you compensation.
However, most product liability or dangerous products cases come down to strict liability, meaning that a designer, manufacturer or vendor is to blame 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 Drexel, 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 imperfection in the design that subsequently passes the fault to all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
- Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes 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 bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
- 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 foresee. For instance, 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 procedures for guaranteeing the safety of their products. However, too often corporations do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Drexel, MO will fight by your side and demand nothing but the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in Drexel, MO
Manufacturers, distributors and anyone else in the stream of commerce will often rely on the theory of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or seller 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 determines that you have $100,000 in damages but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to get out their obligation to reimburse you for the damage their product did to you. Your Drexel, 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 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 reasonably foresee that happening.
- You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably diminish it but can considerably reduce 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 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 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 did not follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. 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 followed proper protocols.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to keep your damages as low as you reasonable can. 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 defense can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies use myriad tricks to try and lower your claim, but your Drexel, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you get, and you owe us nothing until we win your case. Call Burger Law today at for legal counsel that parallels and exceeds that of resistant manufacturers and distributors and insurance adjusters.
Defective Vehicle Parts Lawyer in Drexel, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Drexel, 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 result in wrecks and fires, and fail to protect occupants from harm as intended. Common dangerous automobile parts we see are:
- Windshield wipers
- Steering systems
- Engine cooling fan blades
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 Drexel, MO
We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Drexel, MO has seen cause further injuries to patients include:
- Artificial hips, knees or other joints that can result in infections, limited mobility, chronic soreness or recurring dislocations
- Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can cause pierced 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 pierce organs, cause pain in the pelvic region, abnormal hemorrhaging and unintended pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the leading cause.
In 2017, the U.S. Health and Human Services Department reported that throughout a decade Medicare had to spend 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 extensive pain instead of improving our lives. If a faulty medical device caused you injuries, your Drexel, 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint by clicking the button below:
Defective Drug Lawyer in Drexel, MO
The Federal Drug Administration has stringent procedures 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. 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 pharmaceutical companies put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 Drexel, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.
Hundreds of thousands of medications 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 care about had your condition deteriorate because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by securing you compensation and holding negligent corporations responsible. Burger Law has already successfully filed suits 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 Drexel, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Drexel, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Drexel, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Drexel and throughout Missouri collect 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 bills and lost wages, as well as the emotional and physical toll your injury has taken on you and your Drexel, 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 Drexel, MO now at or contact us online to start on your journey to being made whole again.