Defective Products Lawyer in Gladstone, MO.
Defective Products Lawyer in Gladstone, 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 Gladstone, MO today at or fill out our online form for a complimentary consultation.
Think of what your daily like looks like: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on a bus, sit at in a chair or work around technology, and/or use your android on and off throughout the day. You may use lawnmowers on your free days. You may even have a prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was engineered, produced, shipped and bought. When there is an error in the stream of commerce and a product becomes hazardous, it can cause serious harm to you and your Gladstone, MO family. If tragedy struck you, you need the skilled and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and get you the great compensation you deserve.
In our In our 30 years of experience standing up for fairness and justice, we have delivered our clients in Gladstone and throughout Missouri over $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in Gladstone, MO right away at .
If you were hurt by a defective product in Gladstone, MO, see how much your claim may be worth by using our complimentary personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Gladstone, 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?
Gladstone, MO Defective Products Statistics
The Consumer Product Safety Commission states that defective products account for in excess of 29 million injuries and 21,000 deaths each year.
Based on statistics 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 unbelievable devastation that can be caused when manufacturers and vendors do not follow adequate safety protocols.
If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Gladstone, MO for empathetic, dedicated and knowledgeable support and legal counsel.
What is the Process for Defective Products Claims in Gladstone, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Gladstone, MO defective products lawyer can can hold a person or corporation responsible for your injuries if three conditions are true:
- The corporation was part of the product's stream of commerce.
- You used the product in a way logically expected.
- One or both of the following:
- The product was in a defective condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, and/or
- Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.
The "chain of distribution" refers to anyone involved in the product from initial conception to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it may avoid liability if:
- The manufacturer is known, has not closed their business and is financially capable of reimbursing you for all of your injuries.
- The distributor signs an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
- No other party in the case submits evidence that the distributor took part in any other part of the design and manufacturing process.
- The dismissal is requested to the court within 60 days.
If the above conditions are satisfied, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the production of the product than they intimated, were otherwise at fault for the defect or the manufacturer cannot pay for all of your damages, 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," where a hazardous condition could not be entirely understood before use by the consumer. This defense is only valid for failure to warn product liability claims, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury lawsuits in Gladstone, MO are based on the conception of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, doctors must treat their Gladstone, MO patients with a standard of care. When someone is negligent, for instance if are injured by a fatigued truck driver they may be found accountable for your damages and would owe you a financial recovery.
By contrast, most product liability or defective products cases are strict liability claims, meaning that anyone in the chain of distribution is accountable for any injuries that stems from 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 Gladstone, 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 defect in the design that afterwards passes the flaw to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- 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 dangerous, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance.
- Insufficient 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 not advising an appropriate age range for children if a toy or game is a choking hazard. 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 meant to hold corporations accountable and persuade them to implement comprehensive safety protocols for ensuring that their products will not put the people who use it at risk. However, too often corporations do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Gladstone, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but the best possible compensation.
Comparative Negligence in Defective Productions Claims in Gladstone, MO
A common defense for manufacturers in a defective products claim is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or seller to argue that you share 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 at fault for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt an entity involved in the stream of commerce makes to eschew their obligation to pay you for the harm they have caused. Your Gladstone, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant 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 way the manufacturer could foresee. A manufacturer or vendor 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, standing on one to reach something is common. 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 be expected to foresee that happening.
- 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 significantly lower it but can significantly diminish 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 principle in tort claims whereby, 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You did not follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you obeyed recommended safety measures.
- 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 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 distributor can — and will — assert that comparative fault applies to your case, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies implement a lot of deceitful tactics to try and minimize your claim, but your Gladstone, MO defective products lawyer at Burger Law knows how to combat them. We know these companies 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 compensation you collect, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law immediately at for legal advocacy that parallels and exceeds that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Gladstone, MO
Our defective products lawyer team sees in Gladstone, 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, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in crashes and fires, and fail to protect occupants from harm as intended. Common defective automobile parts we see are:
- Windshield wipers
- Headlights and taillights
Offroad vehicles like ATVs can also cause harm, 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 Gladstone, MO
We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Gladstone, MO has seen cause further injuries to patients include:
- Artificial hips, knees or other joints that can lead to infections, instability, pain or repeated dislocations
- Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
- Surgical robots intended to operate on hard to reach areas which, when faulty, can result in perforated organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can pierce organs, lead to pelvic pain, abnormal hemorrhaging 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 increased 126 percent, mostly due to defects in software.
In 2017, the U.S. Health and Human Services Department found that over a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Gladstone, 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 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 incredible pain and lifelong damage to possibly as many as 150,000 patients 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 view the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Gladstone, MO
The Federal Drug Administration has stringent procedures 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. That means that many prescriptions 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 truly help their condition. 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 Gladstone, MO to stand up to these bullying corporations and make them realize that their conduct is deplorable.
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 sustained injuries because of irresponsible pharmaceutical companies and corporations, get in touch with 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 they have caused. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from this world too soon.
Other examples of defective products we see in Gladstone, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Gladstone, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Gladstone, MO knows that being hurt by a dangerous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Gladstone and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on securing you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Gladstone, 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 Gladstone, MO today at or contact us online to take the first step toward a true recovery.