Defective Products Lawyer in Grain Valley, MO.
Defective Products Lawyer in Grain Valley, MO. If you or a family member was injured by a dangerous product, call a Burger law defective products lawyer in Grain Valley, MO now at or fill out our online form for a free case evaluation.
Think of what your daily like looks like: You may make coffee in a coffee maker 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 cell phone on and off throughout the day. You may go 4-wheeling on your days off. You may even have a ankle replacement or other medical device. 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 an oversight in that process and a product becomes dangerous, it can cause serious injuries to you and your Grain Valley, MO family. If tragedy struck you, you need the skilled and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the best possible compensation you are owed.
In our In our 30 years of experience fighting for fairness and justice, we have secured our clients in Grain Valley and throughout Missouri over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Grain Valley, MO right away at .
If you were injured by a dangerous product in Grain Valley, MO, see how much your claim may be worth by using our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Grain Valley, 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?
Grain Valley, MO Defective Products Statistics
The Consumer Product Safety Commission states that defective products account for more than 29 million injuries and 21,000 deaths every year.
Based on data 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 speaks to the unbelievable devastation an unsafe product can cause.
If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Grain Valley, MO for understanding, dedicated and talented support and legal representation.
What is the Process for Defective Products Claims in Grain Valley, MO?
- The corporation was part of the product's stream of commerce.
- The product was used in a manner rationally expected.
- Either or both of the following conditions:
- The product was in a faulty condition that was unreasonably hazardous when it left the manufacturer's or vendor's that caused you direct harm, and/or
- Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.
The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to sale, including a distributor or vendor. 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 claim if:
- You discover who the manufacturer is, it still does business and can afford to compensate you for all of your injuries.
- The seller signs an affidavit under oath that their only involvement in the stream of commerce was selling it.
- No other party in the case puts forward evidence that the seller took part in any other part of the stream of commerce.
- The dismissal is requested to the judge within 60 days.
If those conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they intimated, were otherwise to blame for the dangerous condition or the manufacturer cannot reimburse you for the entirety 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 financial recovery you deserve.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be completely understood before use by the consumer. This defense is only applicable to for failure to warn defective products cases, and the burden of proof is on the defense.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury claims in Grain Valley, MO are won or lost based on the notion of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Grain Valley, MO roads. When someone is negligent, for example if are injured by a fatigued truck driver they may be held liable for your damages and would owe you a financial recovery.
However, 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 responsible 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 Grain Valley, 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 fault in the design that subsequently passes the flaw to all of that product model that go on to be manufactured. An example is an improperly designed safeguard on a power tool.
- 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 affect only one product, 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 incorrectly installing wires or electrical components or a swing set with a cracked chain.
- Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused injury because it did not give proper instructions or warnings about inherent risks. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product typically does not have to warn against risks that a reasonable person would anticipate. For example, 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 the safety of their products. However, too often corporations are negligent and concentrate more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Grain Valley, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but complete compensation.
Comparative Negligence in Defective Productions Claims in Grain Valley, MO
Manufacturers, sellers and anyone else in the chain of distribution will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the manufacturer or seller to posit that you are liable for a portion of your damages and, therefore, they are not liable for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to avoid their duty to reimburse you for the harm they have caused. Your Grain Valley, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may say you bear 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 manner the manufacturer could foresee. A manufacturer or seller is only has to make a product safe for ways that they can expect a consumer to use it. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. By contrast, 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 happening.
- You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to totally avoid liability but can considerably reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car collision. 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 referred to 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, 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 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 failed to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 are your fault because you had not obeyed proper protocols.
- You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. 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 the defense can — and will — try to convince the court that comparative negligence applies to your lawsuit, that does not mean the claim is automatically true. Bullying corporations and insurance companies employ a variety of tricks to try and devalue your claim, but your Grain Valley, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you 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 our only fee is a moderate percentage of the compensation you collect, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law now at for legal counsel that matches and eclipses that of bullying manufacturers and sellers and insurance companies.
Defective Vehicle Parts Lawyer in Grain Valley, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Grain Valley, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous car parts we see are:
- Fuel systems
- Windshield wipers
Alternative vehicles like 4-wheelers 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 Grain Valley, 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 installed correctly. Common medical devices that your Burger Law defective products lawyer in Grain Valley, MO has seen cause further injuries to patients are:
- Artificial joints that can lead to infections, limited mobility, pain or recurring dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
- Surgical robots designed to operate on hard to reach areas which, when they do not work properly, can lead to punctured organs, infections and internal burns
- Blood clot filters that permit dislodged blood clots to slip into the lungs
- Permanent birth control implements that can perforate organs, lead to pain in the pelvic region, excessive blood loss and unwanted pregnancies
As the medical industry keeps coming up with new technologies, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the foremost factor.
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 heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of improving our lives. If a defective medical device caused you damages, your Grain Valley, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.
In February of 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 too quickly 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 the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Grain Valley, MO
The Federal Drug Administration has strict protocols that pharmaceutical companies must adhere to from manufacturing to delivery. 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 medications reach the market 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 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 Grain Valley, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.
Four thousand five hundred 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 a family member received injuries because of irresponsible pharmaceutical companies and manufacturers, reach out to 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from their family too soon.
Other examples of dangerous products we collect compensation for our clients for in Grain Valley, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Grain Valley, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Grain Valley, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we endeavor to see the vulnerable in Grain Valley and throughout Missouri collect great compensation 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 bills and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Grain Valley, MO family. We will stand 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 Grain Valley, MO right away at or contact us online to start on the path to being made whole again.