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Defective Products Lawyer in Fort Leonard Wood, MO.
Defective Products Lawyer in Fort Leonard Wood, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Fort Leonard Wood, MO immediately at (314) 500-HURT or fill out our online form for a free consultation.
Think of what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your vehicle, sit by a computer or work around machines, and/or use your android at various times during the day. You may go boating on the weekend. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be designed, manufactured, packaged and bought. When there is a mistake in the chain of distribution and a product becomes defective, it can have a ruinous impact on Fort Leonard Wood, MO individuals and families. When that happens to you, you need the skilled and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and deliver you the best possible financial recovery you deserve.
In our In our 70 years of combined experience fighting for fairness and justice, we have won our clients in Fort Leonard Wood and beyond over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Fort Leonard Wood, MO now at (314) 500-HURT.
If you were injured by a dangerous product in Fort Leonard Wood, MO, find out how much your claim may be worth by filling out our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Fort Leonard Wood, 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?
Fort Leonard Wood, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that defective products result in more than 29 million injuries and 21,000 deaths each year.
Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable ruin an unsafe product can cause.
If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in Fort Leonard Wood, MO for compassionate, committed and talented support and legal representation.
How Defective Products Claims Work in Fort Leonard Wood, MO
Under Missouri Revised Statute §537.760, you and your Fort Leonard Wood, MO defective products lawyer can make a "strict liability" claim if three conditions are met:
- The defendant was part of the product's chain of distribution.
- You used the product in a way logically expected.
- Either or both of the following conditions:
- The product had a faulty condition that was unreasonably hazardous when you bought the product and your injuries are a direct result of that defect, and/or
- You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.
The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to sale, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can be dismissed from the lawsuit if:
- You discover who the manufacturer is, it still exists and is financially capable of compensating you for the entirety of your injuries.
- The vendor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
- No other party in the case presents evidence 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 vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they had a larger role in the engineering of the product than they led on, were otherwise to blame for the dangerous condition or the manufacturer is unable to reimburse you for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim 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 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 lawsuits, and the burden of proof is on the defense.
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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Negligence vs. Strict Liability in Defective Products Cases
The majority of personal injury cases in Fort Leonard Wood, MO are won or lost based on the concept of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, Fort Leonard Wood, MO dog owners must always have control of their dog. When someone fails in that obligation, for instance if sustain an injury because you were hit by a distracted driver they might be found accountable for your damages and would have to pay you a financial recovery.
By contrast, most product liability or hazardous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is liable for any injuries 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 Fort Leonard Wood, 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 innate flaw 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 only make one product faulty, 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 leaving sharp edges on plastic or other materials.
- Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about innate risks. 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. A manufacturer typically does not have to warn against dangers that a reasonable person would foresee. For instance, 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 exhaustive safety procedures for ensuring the safety of their products. Even so, too often corporations are negligent and concentrate more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Fort Leonard Wood, MO will fight on your behalf and insist on only a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Fort Leonard Wood, MO
A common defense for manufacturers in a defective products lawsuit is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to posit that you share a portion of the fault and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt a manufacturer makes to get out their obligation to reimburse you for the harm they have caused. Your Fort Leonard Wood, MO defective products lawyer at Burger Law will not let them get away with it. Under the statute, the defense may say you shoulder 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 seller is only has to make a product safe for ways that they can expect the public to use it. 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 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 reasonably 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 considerably reduce it but can significantly reduce 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 used the product while aware of a reasonable level of danger associated with the use. This is often referred to as "Assumption of the risk," a concept 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 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce 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 followed proper protocols.
- You failed to 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 seek compensation for medical treatment for injuries that have nothing to do with. 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 — assert that comparative fault applies to your claim, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies employ a lot of tricks to try and minimize your claim, but your Fort Leonard Wood, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you are awarded, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law now at (314) 500-HURT for legal counsel that parallels and eclipses that of resistant manufacturers and distributors and insurance companies.
Defective Vehicle Parts Lawyer in Fort Leonard Wood, MO
Our defective products lawyer team sees in Fort Leonard Wood, 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 result in collisions and fires, and lead to further injuries when the safety components to not function as they should. Common defective automobile components we see are:
- Electrical systems
- Steering systems
- Headlights and taillights
Offroad vehicles like ATVs 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 Fort Leonard Wood, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further injuries when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Fort Leonard Wood, MO has seen cause further complications for patients include:
- Artificial joints that can result in infections, instability, pain or frequent dislocations
- Pacemakers, which can result in infections or even wrongful death because of premature failures
- Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can cause pierced organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control implements that can pierce organs, result in pain in the pelvic region, excessive bleeding and unwanted pregnancies
As the medical industry keeps implementing new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the chief cause.
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 faulty heart devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of improving our lives. If a flawed medical device caused you injuries, your Fort Leonard Wood, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 people who were depending on the replacement joint to return their mobility. When Burger Law was made aware of the defect by a client, we immediately got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Fort Leonard Wood, MO
The Federal Drug Administration has stringent protocols 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 market. That means that many medications 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 Fort Leonard Wood, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.
Four thousand five hundred 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 love received injuries because of irresponsible pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.
Other examples of dangerous products we file suit for in Fort Leonard Wood, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
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Fort Leonard Wood, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Fort Leonard Wood, MO knows that being harmed by a hazardous product can completely disrupt your life. That is why we strive to see the injured in Fort Leonard Wood and throughout Missouri collect the best possible compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on getting you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Fort Leonard Wood, MO family. We will fight 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 Fort Leonard Wood, MO now at (314) 500-HURT or contact us online to take the first step toward true healing.