Defective Products Lawyer in Garden City, MO.
Defective Products Lawyer in Garden City, MO. If you or a loved one sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Garden City, MO today at or fill out our online form for a free consultation.
Imagine 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 vehicle, sit by a computer or work around heavy machinery, and/or use your android throughout the day. You may drive go-carts on the weekend. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the shelves. When there is a mistake in the chain of distribution and a product becomes dangerous, it can cause severe injuries to you and your Garden City, MO family. If tragedy struck you, you need the accomplished and devoted legal representation of Burger Law's defective products lawyer team to stand in your corner and get you the maximum financial recovery you are owed.
In our 30 years of negotiation, litigation and trial experience, we have delivered our clients in Garden City and beyond in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Garden City, MO now at .
If you were hurt by a dangerous product in Garden City, MO, learn how much your claim may be worth by utilizing our complimentary personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Garden City, 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 Garden City, MO?
The Consumer Product Safety Commission has found that hazardous products are responsible for over 29 million injuries and 21,000 deaths annually.
According to data 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 shows the incredible devastation that can be caused when manufacturers and vendors do not follow the rules.
If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Garden City, MO for understanding, dedicated and skilled support and legal counsel.
How Defective Products Claims Work in Garden City, MO
- The company was involved in the product's chain of distribution.
- You used the product in a manner logically anticipated.
- One or both of the following:
- The product was in a defective condition that was unreasonably hazardous when it left the manufacturer's or vendor's 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 "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the suit if:
- The manufacturer is known, has not closed their business and is able to compensate you for the entirety of your injuries.
- The vendor signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- No other party in the case puts forward evidence that the vendor took part in any other facet of the chain of distribution.
- The motion to dismiss is filed within 60 days.
If those conditions are met, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise responsible for the hazardous condition or the manufacturer cannot compensate you for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every to-blame party is held responsible.
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 went to market. This defense is only applicable to for failure to warn product liability 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 cases in Garden City, MO depend on the concept of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, Garden City, MO dog owners must always have control of their dog. When someone fails in that duty, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found responsible for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or hazardous products cases are determined by strict liability, meaning that anyone in the chain of distribution is at fault 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 Garden City, 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 defect in the design that afterwards affects all products with the same design. An example is a piece of clothing that is easily flammable.
- 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 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 installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about innate dangers. 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. A manufacturer generally does not have to warn against obvious risks. For instance, they do not have to warn you that a match could start a fire.
Strict liability is meant to hold corporations accountable and persuade them to implement comprehensive safety protocols for verifying the safety of their products. However, too often corporations do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Garden City, MO will fight by your side and insist on nothing but the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Garden City, 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 seller to posit that you are responsible for a portion of the fault and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt a manufacturer makes to eschew their responsibility to reimburse you for the harm they have caused. Your Garden City, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances 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. By contrast, 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 happening.
- You used the product in a way 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 decrease it but can considerably diminish 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 hazards of the product while you were using it. This is often called as "Assumption of the risk," a principle in tort claims wherein, 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. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce 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 followed proper protocols.
- You failed to 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 you have no right to ask them for money they do not owe you.
Just because the manufacturer or seller can — and will — assert that comparative negligence applies to your lawsuit, that does not mean the claim is automatically true. Bullying corporations and insurance companies implement myriad dishonest ruses to try and lower your claim, but your Garden City, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair 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 financial recovery you get, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law right away at for legal representation that matches and eclipses that of bullying corporations and insurance companies.
Defective Vehicle Parts Lawyer in Garden City, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Garden City, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common faulty motor vehicle parts we see are:
- Windshield wipers
- Door latches
Alternative vehicles like ATVs 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 Garden City, MO
Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Garden City, MO has seen cause further injuries to patients are:
- Artificial joints that can cause infections, instability, pain or recurring dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
- Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can result in punctured organs, infections and internal burns
- Blood clot filters that permit free-floating blood clots to travel up to the lungs
- Permanent birth control implements that can pierce organs, cause pain in the pelvic region, excessive bleeding and unplanned pregnancies
As the medical industry keeps coming up with new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly because of problems with software.
In 2017, the U.S. Health and Human Services Department reported that over a decade Medicare had to spend at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a defective medical device caused you damages, your Garden City, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who had received the replacement joint. 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 read our original complaint here:
Defective Drug Lawyer in Garden City, MO
The Federal Drug Administration has stringent protocols for the testing, labeling, packaging and shipping of prescription drugs. 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 shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that are truly effective. Currently, it is usually the pharmaceutical company's decision if they will recall a drug that has found to have dangerous side effects. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Garden City, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.
Hundreds of thousands of medications and medical devices are taken off the national market each year, 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 irresponsible pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by securing you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from this world too soon.
Other common dangerous products we file suit for in Garden City, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Garden City, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Garden City, MO knows that being injured by a dangerous product can completely disrupt your life. That is why we endeavor to see the injured in Garden City and throughout Missouri get maximum 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 securing you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical toll your injury has taken on you and your Garden City, 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 Garden City, MO now at or contact us online to start on the path to being made whole again.