Defective Products Lawyer in Eldon, MO.
Defective Products Lawyer in Eldon, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Eldon, MO right away at or fill out our online form for a free case review.
Picture your daily routine: 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 heavy machinery, and/or use your android on and off throughout the day. You may go boating on your free days. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be engineered, manufactured, shipped and sold. When there is an error in the stream of commerce and a product becomes hazardous, it can have a devastating impact on Eldon, MO individuals and families. If tragedy struck you, you need the accomplished and dedicated legal services of Burger Law's defective products lawyer team to stand in your corner and get you the full financial recovery you deserve.
In our In our 30 years of experience fighting for fairness and justice, we have delivered our clients in Eldon and throughout Missouri in excess of $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in Eldon, MO now at .
If you were injured by a faulty product in Eldon, MO, see the true value of your case by using our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Eldon, 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 Eldon, MO?
The Consumer Product Safety Commission states that hazardous products account for more than 29 million injuries and 21,000 fatalities every year.
According to data from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the unbelievable harm an unsafe product can cause.
If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Eldon, MO for empathetic, devoted and knowledgeable support and legal advocacy.
What is the Process for Defective Products Claims in Eldon, MO?
- The person was part of the product's design, manufacture, distribution and sale.
- You used the product in a manner logically anticipated.
- Either or both of the following conditions:
- The product had a defective 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 involved in the product from initial design to sale, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can be dismissed from the lawsuit if:
- The manufacturer is known, still exists and can afford to pay for the entirety of your injuries.
- The vendor makes 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 was involved in any other aspect of the stream of commerce.
- The motion to dismiss is filed within 60 days.
If the above conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they intimated, were otherwise at fault 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 have them re-entered into the lawsuit and ensure you get the great compensation you are owed.
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 hit the shelves. This defense is only applicable to for failure to warn product liability cases, and the burden of proof is on the defense.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury lawsuits in Eldon, MO are decided by the conception of negligence. We all owe each other a duty of care in certain situations; for example, Eldon, MO dog owners must always have control of their dog. When someone fails in that duty, for instance if are injured by a fatigued truck driver they may be held liable for your damages and would have to pay you a financial recovery.
However, most product liability or dangerous products claims are strict liability claims, meaning that anyone in the chain of distribution is accountable 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 Eldon, 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 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 electric razor or hairdryer that can cause electric shocks.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous 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 hazardous chemicals. An example could be incorrectly installing wires or electrical components or not properly fastening components to each other.
- Insufficient Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about from normal use of the product. 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. The company that makes a product generally does not have to warn against dangers that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to encourage corporations to implement exhaustive safety protocols for ensuring that their products will not put the people who use it at risk. However, too often corporations do not value our safety and try to focus more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Eldon, MO will fight on your behalf and insist on only the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Eldon, MO
An oft-used defense for manufacturers in a defective products case is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the defendants to posit that you are responsible for a portion of your damages 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 liable for your injuries, you will only receive $70,000. Often, claims of comparative fault are a disingenuous attempt an entity involved in the stream of commerce makes to get out their duty to reimburse you for the damage their product did to you. Your Eldon, MO defective products lawyer at Burger Law will not let them get away with it. Under the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances are present in your case:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. 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. By contrast, 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 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 decrease it but can considerably 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 knew of inherent risks of the product while you were using it. This is often referred to as "Assumption of the risk," a concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
- 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 neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. If you were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you adhered to proper protocols.
- You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 — work hard to persuade a jury that comparative negligence applies to your case, that does not mean the claim is automatically true. Bullying corporations and insurance companies implement a lot of tricks to try and minimize your claim, but your Eldon, 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 have never had to file a lawsuit before. 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 do not pay us anything until we win your case. Call Burger Law immediately at for legal representation that parallels and eclipses that of resistant manufacturers and distributors and insurance adjusters.
Defective Vehicle Parts Lawyer in Eldon, MO
Our defective products lawyer team sees in Eldon, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause crashes and fires, and fail to protect occupants from harm as intended. Common defective motor vehicle components we see are:
- Windshield wipers
Alternative vehicles like ATVs can also cause harm, 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 Eldon, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Eldon, MO has seen cause further injuries to patients are:
- Artificial hips, knees or other joints that can cause infections, limited mobility, pain or frequent dislocations
- Pacemakers, which can cause 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 faulty, can lead to pierced organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control implements that can puncture organs, lead to pelvic pain, abnormal hemorrhaging and unwanted pregnancies
As the medical industry keeps coming up with more and more advanced technologies, the numbers of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the major cause.
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 more than 73,000 defective heart devices alone. Medical devices should help relieve pain and lengthen our lifespans, not cause further damage. If a defective medical device caused you damages, your Eldon, 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.
In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused incredible pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was contacted by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Eldon, MO
The Federal Drug Administration has strict procedures 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. That means that many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Eldon, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.
Four thousand five hundred drugs and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or a family member had your condition worsen because of reckless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from this world too soon.
Other common dangerous products we file suit for in Eldon, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Eldon, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Eldon, MO knows that being injured by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we have devoted our careers to seeing the injured in Eldon and throughout Missouri recover great 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 securing you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Eldon, 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 Eldon, MO now at or contact us online to take the first step toward true healing.