Defective Products Lawyer in El Dorado Springs, MO.
Defective Products Lawyer in El Dorado Springs, MO. If you or someone you love was hurt by a dangerous product, call a Burger law defective products lawyer in El Dorado Springs, MO right away at or fill out our online form for a free case evaluation.
Picture 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 heavy equipment, and/or use your android throughout the day. You may go 4-wheeling on your days off. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of technology that had to be engineered, manufactured, packaged and sold. When there is an error in the chain of distribution and a product becomes hazardous, it can have a catastrophic impact on El Dorado Springs, MO individuals and families. If tragedy struck you, you need the skilled and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and win you the best possible compensation you are owed.
In our 30 years of negotiation, litigation and trial experience, we have won our clients in El Dorado Springs and beyond over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in El Dorado Springs, MO now at .
If you were injured by a faulty product in El Dorado Springs, MO, see how much your claim may be worth by utilizing our complimentary personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in El Dorado Springs, 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?
El Dorado Springs, MO Defective Products Statistics
The Consumer Product Safety Commission states that dangerous products result in over 29 million injuries and 21,000 fatalities each year.
According to 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 unbelievable harm that can be caused when manufacturers and distributors do not obey proper safety measures.
If you or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in El Dorado Springs, MO for empathetic, devoted and talented support and legal representation.
How Defective Products Claims Work in El Dorado Springs, MO
- The corporation was involved in the product's design, manufacture, distribution and sale.
- The product was used in a way reasonably anticipated.
- One or both of the following:
- The product was in a faulty condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
- Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.
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. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product may be dismissed from the lawsuit if:
- The manufacturer is known, still exists and is financially capable of reimbursing you for all of your injuries.
- The distributor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- No other party in the case puts forward evidence that the seller was involved in any other aspect of the chain of distribution.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the above 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 proves that they were actually involved in the engineering of the product, were otherwise liable for the hazardous condition or the manufacturer cannot reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation you are owed.
Missouri Revised Statute §537.764 provides one defense 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 failure to warn product liability cases, and the burden of proof is on the defense.
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury cases in El Dorado Springs, MO are determined by 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 is negligent, for example if sustain an injury because you were hit by a distracted driver they can be found responsible for your damages and would owe you a financial recovery.
By contrast, most product liability or hazardous products cases come down to strict liability, meaning that anyone in the chain of distribution is liable for any damage 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 El Dorado Springs, 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 innate flaw in the design that subsequently affects all products with the same design. 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 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 hazardous chemicals. An example could be installing outdated components or a swing set with a cracked chain.
- Inadequate 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 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 not advising an appropriate age range for children if a toy or game is a choking hazard. 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 encourage corporations to implement comprehensive safety protocols for ensuring the safety of their products. However, too often corporations do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in El Dorado Springs, MO will fight by your side and demand nothing but a complete financial recovery.
Comparative Negligence in Defective Productions Claims in El Dorado Springs, MO
Manufacturers, sellers and anyone else in the stream of commerce will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for those in the stream of commerce to argue that you are responsible for a portion of your injuries and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to eschew their duty to reimburse you for the harm they have caused. Your El Dorado Springs, 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 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. 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 manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly decrease it but can significantly diminish 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 concept 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 hurt doing such a thing.
- 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 obeyed proper protocols.
- You did not 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 manufacturer or distributor can — and will — assert that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies employ a variety of dishonest ruses to try and minimize your claim, but your El Dorado Springs, MO defective products lawyer at Burger Law knows how to combat them. We know these companies will try everything to avoid paying you and try to take advantage of people who have never had to file a lawsuit before. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you are awarded, and we do not collect any attorney's fees until you get the great compensation you deserve. Get in touch with Burger Law now at for legal counsel that parallels and surpasses that of resistant corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in El Dorado Springs, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in El Dorado Springs, 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 wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common faulty automobile parts we see are:
- Windshield wipers
- Door latches
- Headlights and taillights
Alternative vehicles like 4-wheelers can also cause damage, for instance if a design defect gives them a heightened propensity 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 El Dorado Springs, MO
We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in El Dorado Springs, MO has seen cause further injuries to patients include:
- Artificial hips, knees or other joints that can lead to infections, limited mobility, chronic soreness or frequent dislocations
- Pacemakers, which can lead to infections or even wrongful death when they do not last as long as expected
- Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can lead to punctured organs, infections and internal burns
- Blood clot filters that allow dislodged blood clots to slip into the lungs
- Permanent birth control devices that can pierce organs, result in pelvic pain, abnormal bleeding and unintended pregnancies
As the medical industry keeps coming up with new technologies, medical device recalls have gone up exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly as a result of defects in software.
In 2017, the U.S. Health and Human Services Department stated that over a decade Medicare had to spend at least $1.5 billion to replace over 73,000 flawed heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a faulty medical device caused you injuries, your El Dorado Springs, 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. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 patients 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 read our original complaint here:
Defective Drug Lawyer in El Dorado Springs, MO
The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey from manufacturing to delivery. 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 independent 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 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 El Dorado Springs, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.
Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you care about had your condition deteriorate because of careless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer now. We fight hard to see justice restored by winning you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from their family too soon.
Other examples of defective products we file suit for in El Dorado Springs, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
El Dorado Springs, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in El Dorado Springs, MO knows that being hurt by a hazardous product 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 El Dorado Springs and throughout Missouri be compensated 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 securing you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical toll your injury has inflicted on you and your El Dorado Springs, 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 El Dorado Springs, MO now at or contact us online to start on your journey to true healing.