Defective Products Lawyer in Excelsior Springs, MO.
Defective Products Lawyer in Excelsior Springs, MO. If you or someone you love was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Excelsior Springs, MO now at or fill out our online form for a complimentary consultation.
Imagine your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around heavy equipment, and/or use your android throughout the day. You may go 4-wheeling on your free days. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of product that had to be engineered, produced, packaged and purchased. When there is a mistake in that process and a product becomes hazardous, it can cause severe harm to you and your Excelsior Springs, MO family. When that happens to you, you need the accomplished and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the best possible compensation you are owed.
In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Excelsior Springs and throughout Missouri in excess of $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Excelsior Springs, MO immediately at .
If you were injured by a dangerous product in Excelsior Springs, MO, see how much your claim may be worth by utilizing our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Excelsior 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?
Excelsior Springs, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that dangerous products result in over 29 million injuries and 21,000 fatalities each year.
Based on 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 unbelievable destruction that can be caused when manufacturers and distributors do not obey proper safety measures.
If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in Excelsior Springs, MO for compassionate, dedicated and experienced support and legal counsel.
What is the Process for Defective Products Claims in Excelsior Springs, MO?
- The person was involved in the product's stream of commerce.
- You used the product in a manner easily foreseen.
- Either or both of the following conditions:
- The product had a faulty condition that was unreasonably dangerous when you bought the product that caused you direct harm, and/or
- 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 that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including a distributor or seller. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may avoid liability if:
- You discover who the manufacturer is, it still does business and is financially capable of compensating you for the entirety of your injuries.
- The distributor signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- There is no evidence is submitted to the court that the vendor was involved in any other facet of the stream of commerce.
- The dismissal is requested to the judge within 60 days.
If the above conditions are satisfied, 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 had a larger role in the production of the product than they led on, were otherwise liable for the defect or the manufacturer cannot compensate you for all of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation you deserve.
Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense will only work for for failure to warn defective products cases, and the burden of proof is on the defense.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury lawsuits in Excelsior Springs, MO are determined by the idea of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Excelsior Springs, MO roads. When someone fails in that responsibility, for instance if if there a loose floor boards at a restaurant that cause you to fall they may be held liable for your damages and would have to pay you compensation.
By contrast, most product liability or hazardous products cases are strict liability claims, meaning that anyone in the chain of distribution is liable for any injuries a product causes, 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 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 — 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 flaw in the design that subsequently affects all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
- Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure in the manufacturing process. This can either affect only one product, 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 incorrectly installing wires or electrical components or a swing set with a cracked chain.
- Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: 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 danger 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 food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product typically does not have to warn against obvious risks. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety protocols for guaranteeing that their products will not pose a danger to the public. However, too often corporations are negligent and spend more energy on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Excelsior Springs, MO will fight by your side and demand nothing but a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Excelsior Springs, MO
A common defense for manufacturers in a product liability case is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the defendants to put forth the defense that you share a portion of the fault and, therefore, they are not required to compensate you for your full financial recovery. 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, comparative negligence arguments are an erroneous attempt an entity involved in the chain of distribution makes to eschew their obligation to reimburse you for the harm they have caused. Your Excelsior Springs, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. On the other hand, if you use a loaded rifle to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that use of the product.
- You used the product in a manner 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. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto wreck. A pharmaceutical company could reasonably see 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 called as "Assumption of the risk," a principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
- 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 neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution 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 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 refuse to return to work when you are healthy enough to do so. The defense may say you have no right to ask them for money they do not owe you.
Just because the manufacturer or vendor can — and will — try to convince the court that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies employ a lot of deceitful tactics to try and devalue 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 will try everything to avoid paying you and try to take advantage of people who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the compensation 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 today at for legal counsel that rivals 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 are involved. 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 fail to protect drivers and passengers from harm as intended. Common defective automobile components we see are:
- Windshield wipers
- 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
Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually 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 Excelsior Springs, MO has seen be defective include:
- Artificial joints that can result in infections, limited mobility, chronic soreness or repeated dislocations
- Pacemakers, which can cause infections or even wrongful death because of premature failures
- Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can lead to perforated organs, infections and internal 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 pelvic pain, abnormal blood loss and unintended pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly because of issues with software.
In 2017, the U.S. Health and Human Services Department reported that in the course of 10 years Medicare spent at least $1.5 billion to replace more than 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 defective medical device caused you damages, your Excelsior Springs, 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 2022, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to degrade too quickly and have caused unimaginable pain and lifelong damage to potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was retained by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client here:
Defective Drug Lawyer in Excelsior Springs, MO
The Federal Drug Administration has strict procedures that pharmaceutical companies must follow 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. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line 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 Excelsior Springs, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one had your condition worsen because of careless pharmaceutical companies and corporations, call 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 filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.
Other examples of dangerous products we file suit for in Excelsior Springs, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
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 daily routine, your family and even your present and future financial security. That is why we have devoted our careers to seeing the vulnerable in Excelsior Springs and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we do not hesitate to start working on getting you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical hardships your injury has taken on you and your Excelsior Springs, MO family. We will stand by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Excelsior Springs, MO immediately at or contact us online to start on the path to being made whole again.