Defective Products Lawyer in Farmington, MO.
Defective Products Lawyer in Farmington, MO. If you or someone you love was injured by a dangerous product, reach out to a Burger law defective products lawyer in Farmington, MO now at or fill out our online form for a complimentary consultation.
Think of your daily routine: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around heavy equipment, and/or use your android at various times during the day. You may drive go-carts on the weekend. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was engineered, manufactured, packaged and sold. When there is an error in the chain of distribution and a product becomes dangerous, it can cause severe injuries to you and your Farmington, MO family. If tragedy struck you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to fight on your behalf and get you the best possible financial recovery you are owed.
In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Farmington and throughout Missouri in excess of $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Farmington, MO immediately at .
If you were injured by a faulty product in Farmington, MO, find out how much your claim may be worth by utilizing our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Farmington, 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?
Farmington, MO Defective Products Statistics
The Consumer Product Safety Commission has found that defective products cause over 29 million injuries and 21,000 fatalities annually.
According to facts 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 incredible devastation an unsafe product can cause.
If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Farmington, MO for empathetic, committed and experienced support and legal counsel.
How Defective Products Claims Work in Farmington, MO
According to Missouri Revised Statute §537.760, you and your Farmington, MO defective products lawyer can can hold a person or company liable for your injuries if three conditions are true:
- The company was part of the product's chain of distribution.
- You used the product in a manner easily expected.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor's that caused you direct harm, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.
The "stream of commerce" 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 vendor. Pursuant to Missouri Revised Statute §5537.762, a person or company 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 still exists and is financially capable of reimbursing you for the entirety of your injuries.
- The distributor signs an affidavit under oath that their only involvement in the stream of commerce was selling it.
- No other party in the case comes forward with evidence that the seller took part in any other aspect of the stream of commerce.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the aforementioned 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 implied, were otherwise at fault for the fault or the manufacturer cannot 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 that every at-fault party is held accountable.
Missouri Revised Statute §537.764 provides one defense 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 is only valid for inadequate warning defective products cases, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury suits in Farmington, MO depend on the conception of negligence. We all have an responsibility to each other's safety in certain situations; for example, doctors must treat their Farmington, MO patients with a standard of care. When someone fails in that obligation, for instance if if there a loose floor boards at a restaurant that cause you to fall they may be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or defective products cases come down to strict liability, meaning that anyone in the chain of distribution is to blame for any damage 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 Farmington, 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 imperfection in the design that subsequently passes the flaw to all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
- 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 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 bugs or other contaminants found in beverages or a swing set with a cracked chain.
- Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: 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 come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects 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 dangers. For instance, they do not have to warn you that a match could start a fire.
Strict liability is meant to incentivize corporations to implement exhaustive safety procedures for ensuring that their products will not pose a danger to the public. However, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Farmington, MO will hold them responsible by conducting a full investigation of your case and insisting on only full compensation.
Comparative Negligence in Defective Productions Claims in Farmington, MO
Manufacturers, vendors and anyone else in the chain of distribution will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to argue that you are responsible for a portion of your damages and, therefore, they are not obligated to reimburse 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 at fault for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful 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 Farmington, MO defective products lawyer at Burger Law will not let them get away with it. 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 a consumer to use it. 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. On the other hand, if you use a loaded shotgun to prop a door open and it misfires, 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, the defendant will likely not be able to avoid liability altogether, but can significantly decrease it but can considerably lower 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 called as "Assumption of the risk," a theory 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 hurt doing such a thing.
- You did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. 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 adhered to proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you are expected to try to lessen the financial recovery you are owed. 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 people in the chain of distribution can — and will — try to convince the court that comparative negligence applies to your claim, that does not mean the claim is automatically true. Bullying corporations and insurance companies employ myriad tricks to try and lower your claim, but your Farmington, 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 who have never had to file a lawsuit before. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you receive, and we do not collect any attorney's fees until we win your case. Call Burger Law now at for legal counsel that parallels and eclipses that of resistant corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Farmington, MO
Our defective products lawyer team sees in Farmington, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common defective automobile components we see are:
- Windshield wipers
Alternative vehicles like 4-wheelers can also cause injuries, 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 Farmington, MO
Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Farmington, MO has seen be defective include:
- Artificial joints that can cause infections, instability, chronic soreness or repeated dislocations
- Pacemakers, which can result in infections or even wrongful death because of premature failures
- Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to perforated 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, cause pelvic pain, abnormal hemorrhaging and unwanted pregnancies
As the medical industry keeps inventing more and more advanced technologies, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the number one factor.
In 2017, the U.S. Health and Human Services Department announced that over the span of 10 years Medicare paid out at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a flawed medical device ended up worsening your condition, your Farmington, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to degrade sooner than anticipated and have caused unthinkable pain and permanent damage to potentially as many as 150,000 people who had the replacement joint implanted. 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 here:
Defective Drug Lawyer in Farmington, MO
The Federal Drug Administration has firm 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 independent testing many medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than the safety of the people they are supposed to be helping. 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 Farmington, 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 recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or a loved one received injuries because of careless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations accountable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.
Other common defective products we see in Farmington, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Farmington, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Farmington, MO knows that being harmed by a hazardous product can completely disrupt your life. That is why we strive to see the vulnerable in Farmington 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 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 taken on you and your Farmington, 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 Farmington, MO immediately at or contact us online to start on your journey to a true recovery.