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Defective Products Lawyer in Hannibal, MO.

Defective Products Lawyer in Hannibal, MO. If you or a loved one sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Hannibal, MO today at (314) 500-HURT or fill out our online form for a complimentary consultation.

Think of what you do every day: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your car, sit at in a chair or work around heavy equipment, and/or use your android at various times during the day. You may go 4-wheeling on your free days. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the market. When there is a breakdown in the chain of distribution and a product becomes hazardous, it can have a catastrophic effect on Hannibal, MO individuals and families. When that happens to you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the best possible compensation you are owed.

In our In our three decades of experience standing up for fairness and justice, we have gotten our clients in Hannibal and beyond in excess of $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Hannibal, MO immediately at (314) 500-HURT.

If you were injured by a defective product in Hannibal, MO, see how much your claim may be worth by filling out our free personal injury calculator.



Chesterfield, MO

Chesterfield, MO

100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005

By appointment only

Phone: (314) 648-8348

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Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Hannibal, MO:

How Common Are Defective Products in Hannibal, MO?

The Consumer Product Safety Commission states that dangerous products are responsible 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 incredible destruction an unsafe product can cause.

If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Hannibal, MO for understanding, committed and skilled support and legal advocacy.

How Defective Products Claims Work in Hannibal, MO

Pursuant to Missouri Revised Statute §537.760, you and your Hannibal, MO defective products lawyer can make a "strict liability" claim if three conditions are met:

  1. The company was part of the product's stream of commerce.
  2. The product was used in a way rationally expected.
  3. One or both of the following:
    1. The product had a faulty condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, and/or
    2. You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can avoid liability if:

  • The manufacturer is known, has not closed their business and is able to compensate you for all of your damages.
  • The entity that sold it signs an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case puts forward evidence that the seller took part in any other aspect of the design and manufacturing process.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

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 shows that they were actually involved in the design or manufacture of the product, were otherwise responsible for the fault or the manufacturer cannot reimburse you for all of the economic, physical and emotional loss you sustained, 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 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 valid for inadequate warning defective products cases, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

The majority of personal injury cases in Hannibal, MO are decided by the concept of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Hannibal, MO roads. When someone fails in that responsibility, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or dangerous products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault for any damage that stems from the reasonable use of a product, irrespective of negligence. 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 came into your possession.

Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:

  1. Design Defect: A design defect is an inherent flaw in the design that subsequently passes the flaw to all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes 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 leaving sharp edges on plastic or other materials.
  3. Insufficient Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but instead 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 a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. 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 intended to hold corporations accountable and persuade them to implement thorough safety procedures for verifying the safety of their products. Even so, too often corporations are negligent and try to focus more on their bottoms line than ensuring their products will not cause any damage. 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 nothing but full compensation.

Comparative Negligence in Defective Productions Claims in Hannibal, MO

An oft-used 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 those in the stream of commerce to argue that you are liable for a portion of your damages 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, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt a manufacturer makes to eschew their duty to pay you for the damage their product did to you. 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 negligence if the following situations apply:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. 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. On the other hand, if you are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not be expected to foresee that use of the product.
  • You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can significantly lower 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 risks of the product while you were using it. This is often referred to 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 the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
  • 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 say that any reasonable person would have known that they could be seriously hurt doing such a thing.
  • You did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. If you were using or around power tools or heavy machinery 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 compensation for medical treatment for injuries that have nothing to do with. 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 you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies use numerous tricks to try and devalue your claim, but your Hannibal, MO defective products lawyer at Burger Law knows how to fight back against them. 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 are awarded, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal advocacy that rivals and surpasses that of resistant manufacturers and vendors and insurance companies.

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 recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to collisions and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous car components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Wheels
  • Steering systems
  • Accelerators

Alternative vehicles like ATVs can also cause harm, 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 Hannibal, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further complications when not manufactured, shipped or installed 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 lead to infections, instability, pain or frequent dislocations
  • Pacemakers, which can lead to 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 malfunction, can lead to pierced organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can puncture organs, lead to pain in the pelvic region, abnormal hemorrhaging and unplanned pregnancies

As the medical industry keeps inventing new technologies, the numbers of recalls issued for medical devices has increased exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 flawed cardiovascular devices alone. Medical devices should help relieve pain and lengthen our lifespans, not cause further damage. If a flawed medical device caused you damages, your Hannibal, MO defective injuries lawyer at Burger Law will fight for your right to be compensated 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 negligently packaged and shipped, causing them to degrade sooner than anticipated and have caused unthinkable pain and permanent damage to possibly 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 got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Hannibal, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must obey from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. With no absolute independent testing many medications reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than 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 Hannibal, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Hundreds of thousands of medications 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 someone you love sustained injuries because of reckless 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 they have caused. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from this world too soon.

Other common defective products we file suit for in Hannibal, MO include:

  • Children's toys
  • Chemicals such as week killer
  • Baby powder
  • Household appliances
  • Industrial equipment
  • Cell phone batteries
  • Cosmetic products

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Hannibal, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Hannibal, MO knows that being injured by a faulty product 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 Hannibal and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on securing you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical toll your injury has inflicted on you and your Hannibal, 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 Hannibal, MO now at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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