Defective Products Lawyer in Franklin County, MO.
Defective Products Lawyer in Franklin County, 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 Franklin County, MO immediately at or fill out our online form for a free case evaluation.
Picture what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit by a computer or work around machines, and/or use your iPhone throughout the day. You may drive go-carts on the weekend. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was designed, produced, packaged and purchased. When there is an error in the chain of distribution and a product becomes hazardous, it can have a catastrophic impact on Franklin County, MO individuals and families. When that happens to you, you need the knowledgeable and devoted legal representation of Burger Law's defective products lawyer team to stand in your corner and win you the best possible financial recovery you deserve.
In our In our three decades of experience standing up for fairness and justice, we have secured our clients in Franklin County and throughout Missouri more than $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Franklin County, MO today at .
If you were hurt by a defective product in Franklin County, MO, discover the true value of your claim by using our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Franklin County, 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 Franklin County, MO?
The Consumer Product Safety Commission states that defective products cause in excess of 29 million injuries and 21,000 fatalities annually.
According to data from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the incredible destruction an unsafe product can cause.
If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in Franklin County, MO for understanding, dedicated and experienced support and legal advocacy.
How Defective Products Claims Work in Franklin County, MO
- The person was part of the product's chain of distribution.
- You used the product in a way reasonably expected.
- One or both of the following:
- The product had a defective condition that was unreasonably dangerous when the product was sold that caused you direct harm, 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 "stream of commerce" refers to anyone involved in the product from initial conception to sale, including a distributor or vendor. Under Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may avoid liability if:
- You discover who the manufacturer is, it has not closed their business and is financially capable of reimbursing you for all of your damages.
- The seller makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- There is no evidence is brought in front of the court that the distributor was involved in any other part of the stream of commerce.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the above conditions are satisfied, the vendor 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 engineering of the product than they implied, were otherwise to blame for the fault or the manufacturer is unable to reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held responsible.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be entirely understood before use by the public. This defense is only valid for failure to warn defective products claims, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury cases in Franklin County, MO depend on the idea of negligence. We all have an obligation to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Franklin County, MO roads. When someone fails in that responsibility, for example if are injured by a fatigued truck driver they might be found liable for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or defective products cases are strict liability claims, meaning that a designer, manufacturer or vendor is responsible for any injuries a product causes, 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 Franklin County, 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 innate fault in the design that subsequently affects 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 only make one product hazardous, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be installing outdated components or using the wrong kind of screws or bolts.
- Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This occurs when the product was not hazardous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger 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 obvious risks. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is meant to incentivize corporations to implement thorough safety protocols for ensuring that their products will not pose a danger to the public. However, too often companies are negligent and concentrate more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Franklin County, MO will hold them responsible by conducting a full investigation of your case and demanding only full compensation.
Comparative Negligence in Defective Productions Claims in Franklin County, MO
Manufacturers, sellers and anyone else in the stream of commerce will often rely on the concept of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or seller to argue 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 at fault for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt an entity involved in the stream of commerce makes to eschew their obligation to reimburse you for the damage their product did to you. Your Franklin County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative negligence 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, 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 gun 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 happening.
- You used the product in a manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid liability but can considerably decrease it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car accident. A pharmaceutical company could reasonably see 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 called as "Assumption of the risk," a theory in tort claims wherein, if the injured party was aware of risks, 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously hurt 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 are your fault because you had not followed proper protocols.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. 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 defense can — and will — work hard to persuade a jury that comparative negligence applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies employ a lot of dishonest ruses to try and lower your claim, but your Franklin County, 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 do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the compensation you get, and you do not pay us anything until you get the great compensation you deserve. Call Burger Law immediately at for legal representation that parallels and eclipses that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Franklin County, MO
Our defective products lawyer team sees in Franklin County, 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, 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 fail to protect occupants from harm as intended. Common faulty automobile components we see are:
- Fuel systems
- Electrical wiring
- Door latches
- Headlights and taillights
Offroad vehicles like 4-wheelers can also cause damage, 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 Franklin County, MO
We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Franklin County, MO has seen cause further complications for patients are:
- Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or repeated dislocations
- Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
- Surgical robots designed to operate on hard to reach areas which, when they do not work properly, can result in pierced organs, infections and internal burns
- Blood clot filters that permit dislodged blood clots to invade the lungs
- Permanent birth control implements that can puncture organs, lead to pain in the pelvic region, excessive hemorrhaging and unplanned pregnancies
As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, mostly owing to problems with software.
In 2017, the U.S. Health and Human Services Department found that in the course of 10 years Medicare spent at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Franklin County, 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 company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements deteriorate too quickly 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 continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:
Defective Drug Lawyer in Franklin County, MO
The Federal Drug Administration has strict procedures that pharmaceutical companies must adhere to from manufacturing to sale. 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 without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit 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 Franklin County, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.
Hundreds of thousands of drugs and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you love had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored 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 feel sense of peace for the wrongful death of their loved one.
Other common defective products we see in Franklin County, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Franklin County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Franklin County, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Franklin County 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 delivering you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Franklin County, 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 Franklin County, MO now at or contact us online to take the first step toward being made whole again.