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Defective Products Lawyer in Excelsior Springs, MO.

Defective Products Lawyer in Excelsior Springs, 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 Excelsior Springs, MO today at (314) 500-HURT or fill out our online form for a complimentary case review.

Think of what your daily like looks like: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around heavy equipment, and/or use your android on and off throughout the day. You may drive go-carts on your days off. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the shelves. When there is an oversight in the chain of distribution and a product becomes defective, it can have a disastrous effect on Excelsior Springs, MO individuals and families. If tragedy struck you, you need the accomplished and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and win you the best possible compensation you deserve.

In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Excelsior Springs and throughout Missouri in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Excelsior Springs, MO right away at (314) 500-HURT.

If you were injured by a defective product in Excelsior Springs, MO, see the true value of your case by utilizing our complimentary personal injury calculator.



Chesterfield, MO

Chesterfield, MO

100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005

By appointment only

Phone: (314) 648-8348

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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Excelsior Springs, MO:

Excelsior Springs, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that faulty products account for over 29 million injuries and 21,000 fatalities annually.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme devastation that can be caused when manufacturers and distributors do not obey the rules.

If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Excelsior Springs, MO for empathetic, committed and skilled support and legal advocacy.

What is the Process for Defective Products Claims in Excelsior Springs, MO?

According to Missouri Revised Statute §537.760, you and your Excelsior Springs, MO defective products lawyer can file a "strict liability" suit if three factors are true:

  1. The company was involved in the product's chain of distribution.
  2. The product was used in a way logically expected.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
    2. Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone involved in the product from initial conception to sale, including a distributor or vendor. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product can avoid liability if:

  • You discover who the manufacturer is, it has not closed their business and is financially capable of paying you for the entirety of your damages.
  • The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • No other party in the case submits evidence that the vendor took part in any other facet of the chain of distribution.
  • The dismissal is requested to the judge within 60 days.

If the above conditions are fulfilled, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they had a larger role in the engineering of the product than they intimated, were otherwise liable for the hazardous condition or the manufacturer is unable to reimburse 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 financial recovery that they owe you.

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 was introduced to the public. This defense is only valid for inadequate warning product liability lawsuits, 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 Excelsior Springs, MO are determined by the concept of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that obligation, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be held responsible for your damages and would owe you compensation.

By contrast, most product liability or hazardous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is liable for any injuries that results 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 Excelsior 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 it got into your hands.

Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:

  1. Design Defect: A design defect is an inherent imperfection in the design that afterwards passes the flaw to all products with the same design. An example is a toy intended for children that contains a choking hazard.
  2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either only make one product defective, 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 tainted batch of something intended for drinking containing a poisonous substance.
  3. Failure to Warn of Known Risks or Risks That Should Have Been Foreseen: 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 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. The company that makes a product generally does not have to warn against dangers 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 intended to hold corporations accountable and persuade them to implement exhaustive 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 their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Excelsior Springs, MO will fight on your behalf and demand nothing but a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Excelsior Springs, MO

Manufacturers, vendors and anyone else in the chain of distribution will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the defendants to argue that you are liable for a portion of your injuries and, therefore, they are not required to compensate you for 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 to blame for your injuries, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt an entity involved in the stream of commerce makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Excelsior 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 seller is only responsible for ensuring the product is safe for reasonable or predictable use. 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 are injured playing catch with a power tool or other sharp object, 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 the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can significantly decrease 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 knew of inherent hazards of the product while you were using it. This is often referred to as "Assumption of the risk," a theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
  • 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. 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 adhered to proper protocols.
  • You did not mitigate your damages. 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 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 the manufacturer or vendor can — and will — work hard to persuade a jury that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies use a variety of deceitful tactics to try and lower your claim, but your Excelsior Springs, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you collect, and you do not pay us anything until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal advocacy that matches and eclipses that of bullying manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Excelsior Springs, MO

Our defective products lawyer team sees in Excelsior Springs, 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, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to crashes and fires, and fail to protect drivers and passengers from harm as intended. Common faulty automobile components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wiring
  • Wheels
  • Seats
  • Engine cooling fan blades

Alternative vehicles like 4-wheelers can also cause injuries, 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 Excelsior Springs, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Excelsior Springs, MO has seen cause further injuries to patients include:

  • Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or repeated dislocations
  • Pacemakers, which can cause infections or even wrongful death because of premature failures
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause 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 pierce organs, cause pain in the pelvic region, excessive bleeding and unplanned pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly due to problems with software.

In 2017, the U.S. Health and Human Services Department announced that throughout 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of easing it. If a flawed medical device caused you injuries, your Excelsior Springs, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements deteriorate too quickly and have caused unimaginable pain and lifelong damage to potentially as many as 150,000 people who were depending on the replacement joint to return their mobility. When Burger Law was contacted 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 the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Excelsior 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 third-party testing many drugs reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies 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 Excelsior Springs, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Hundreds of thousands of medications and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you love received injuries because of careless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer as soon as possible. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage they have caused. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other examples of dangerous products we collect compensation for our clients for in Excelsior Springs, MO include:

  • Children's toys
  • Chemicals such as cleaning products
  • Baby powder
  • Household appliances
  • Industrial equipment
  • Cell phone batteries
  • Cosmetic products

Call Burger Law Now

Excelsior Springs, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Excelsior Springs, MO knows that being injured by a faulty product can completely upend your life. That is why we endeavor to see the injured in Excelsior 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 getting you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Excelsior 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 Excelsior Springs, MO now at (314) 500-HURT or contact us online to start on the path to being made whole again.

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