Defective Products Lawyer in Hannibal, MO.
Defective Products Lawyer in Hannibal, MO. If you or someone you care about was injured by a dangerous product, reach out to a Burger law defective products lawyer in Hannibal, MO today at or fill out our online form for a complimentary case evaluation.
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 by a computer or work around machines, and/or use your iPhone at various times during the day. You may use lawnmowers on your free days. 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 market. When there is an error in the stream of commerce and a product becomes defective, it can have a devastating impact on on your life and lives of those you love in Hannibal, MO. If tragedy struck you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the great compensation you are owed.
In our three decades of negotiation, litigation and trial experience, we have secured our clients in Hannibal and throughout Missouri in excess of $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Hannibal, MO immediately at .
If you were hurt by a defective product in Hannibal, MO, find out how much your claim may be worth by using our complimentary personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Hannibal, 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?
Hannibal, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that dangerous products cause over 29 million injuries and 21,000 deaths every year.
Based on facts 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 an unsafe product can cause.
If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Hannibal, MO for understanding, committed and expert support and legal advocacy.
How Defective Products Claims Work in Hannibal, MO
- The defendant was part of the product's design, manufacture, distribution and sale.
- You used the product in a manner easily foreseen.
- One or both of the following:
- The product had a faulty condition that was unreasonably dangerous when it left the manufacturer's or vendor's that caused you direct harm, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.
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, a person or company sold the product but were not involved in the design or manufacture of it can avoid liability if:
- The manufacturer is known, still does business and is able to compensate you for the entirety of your injuries.
- The distributor makes 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 motion to dismiss is filed within 60 days.
If the above conditions are met, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise at fault for the defect or the manufacturer is unable to reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every to-blame party is held accountable.
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 was introduced to the public. This defense is only valid for inadequate warning product liability 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 Hannibal, MO are determined by the idea of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they can be held accountable for your damages and would have to pay you compensation.
However, most product liability or hazardous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor 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 Hannibal, 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 got into your hands.
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 imperfection in the design that subsequently affects all products with the same design. An example is an electrical appliance that can overheat and cause fires.
- 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, 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.
- Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: 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 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. The company that makes a product generally does not have to warn against obvious dangers. For example, 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 procedures for verifying that their products will not pose a danger to the public. However, too often corporations do not value our safety and spend more energy on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Hannibal, MO will hold them accountable by conducting a full investigation of your case and demanding only the best possible compensation.
Comparative Negligence in Defective Productions Claims in Hannibal, MO
Manufacturers, distributors and anyone else in the stream of commerce will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to put forth the argument 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 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, claims of comparative fault are an erroneous attempt a defendant makes to get out their obligation to reimburse you for the harm they have caused. Your Hannibal, 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 fault if the following situations apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect a consumer 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 reasonably foresee that use of the product.
- You used the product in a manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can considerably lower 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 called as "Assumption of the risk," a concept in tort claims whereby, if the injured party was aware of risks, 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 make custom modification to your car's engine despite not being a mechanic. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You failed to take necessary safety precautions. 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 are your fault because you had not adhered to proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you are ethically bound 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 people in the stream of commerce can — and will — argue that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies implement a variety of tricks to try and minimize your claim, but your Hannibal, 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 financial recovery you collect, and you owe us nothing until we win your case. Get in touch with Burger Law immediately at for legal advocacy that rivals and eclipses that of bullying manufacturers and distributors and insurance adjusters.
Defective Vehicle Parts Lawyer in Hannibal, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Hannibal, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause collisions and fires, and fail to protect drivers and passengers from harm as intended. Common defective car parts we see are:
- Fuel systems
- Windshield wipers
- Headlights and taillights
Alternative vehicles like 4-wheelers 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 Hannibal, MO
Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us even more complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Hannibal, MO has seen cause further complications for patients are:
- Artificial joints that can cause infections, instability, chronic soreness or recurring dislocations
- Pacemakers, which can cause infections or even wrongful death because of premature failures
- Robotic surgical assistants 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 punctured organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can perforate organs, cause pelvic pain, abnormal hemorrhaging and unwanted pregnancies
As the medical industry keeps coming up with new technologies, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the number one factor.
In 2017, the U.S. Health and Human Services Department reported that throughout a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of improving our lives. If a faulty medical device caused you injuries, your Hannibal, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
In February of this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused unimaginable pain and permanent damage to potentially as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was retained by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read our original complaint here:
Defective Drug Lawyer in Hannibal, MO
The Federal Drug Administration has strict protocols that pharmaceutical companies must obey 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 market 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 truly help their condition. 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 Hannibal, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Four thousand five hundred prescriptions and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or a loved one received injuries because of careless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer immediately. 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 accountable when their actions have taken someone from this world too soon.
Other common defective products we collect compensation for our clients for in Hannibal, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Hannibal, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Hannibal, MO knows that being harmed by a faulty product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Hannibal 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 do not hesitate to start working on wining you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical toll your injury has taken on you and your Hannibal, MO family. We will stand by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Hannibal, MO today at or contact us online to take the first step toward true healing.