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Defective Products Lawyer in Higginsville, MO.

Defective Products Lawyer in Higginsville, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Higginsville, MO now at (314) 500-HURT or fill out our online form for a complimentary consultation.

Picture 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 in your car, sit at in a chair or work around heavy machinery, and/or use your cell phone at various times during the day. You may go boating 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 had to be designed, produced, packaged and bought. When there is an oversight in the stream of commerce and a product becomes hazardous, it can cause severe harm to you and your Higginsville, MO family. If tragedy struck you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the full financial recovery you are owed.

In our In our 70 years of combined experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Higginsville and throughout Missouri over $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in Higginsville, MO immediately at (314) 500-HURT.

If you were hurt by a defective product in Higginsville, MO, find out 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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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Higginsville, MO:

Higginsville, MO Defective Products Statistics

The Consumer Product Safety Commission states that defective products result in 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 people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable destruction that can be caused when manufacturers and vendors do not obey the rules.

If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Higginsville, MO for passionate, dedicated and skilled support and legal representation.

What is the Process for Defective Products Claims in Higginsville, MO?

According to Missouri Revised Statute §537.760, you and your Higginsville, MO defective products lawyer can can hold a person or company responsible for your injuries if three factors are true:

  1. The corporation was part of the product's stream of commerce.
  2. You used the product in a manner easily foreseen.
  3. One or both of the following:
    1. The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or seller's that was the proximate cause of your injuries, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

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 can be dismissed from the suit if:

  • You discover who the manufacturer is, it has not closed their business and can afford to reimburse you for all of your damages.
  • The distributor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • There is no evidence is brought in front of the court that the seller was involved in any other facet of the stream of commerce.
  • The dismissal is requested to the judge within 60 days.

If the aforementioned conditions are satisfied, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they had a larger role in the production of the product than they led on, were otherwise liable for the fault or the manufacturer cannot pay for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every at-fault party is held responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a hazardous 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 defective products lawsuits, 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 Higginsville, MO are decided by the notion of negligence. We all have an responsibility to each other's safety in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found liable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or defective products claims are strict liability claims, meaning that anyone in the chain of distribution is to blame for any damage 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 Higginsville, 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:

  1. Design Defect: A design defect is an innate imperfection in the design that subsequently affects 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: This refers to a product that was safe in its design but became unsafe 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 hazardous chemicals. An example could be bugs or other contaminants found in beverages or a swing set with a cracked chain.
  3. Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: 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 dangers. 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 risks that a reasonable person would anticipate. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement exhaustive safety procedures 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 try to focus more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Higginsville, 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 Higginsville, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to argue 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 liable for your injuries, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to get out their responsibility to reimburse you for the damage their product did to you. Your Higginsville, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According 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, 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 are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
  • 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 significantly lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto accident. A pharmaceutical company could reasonably see 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 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 neglected to 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 would have been avoided had you adhered to recommended safety measures.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. 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 manufacturer or vendor can — and will — work hard to persuade a jury that comparative negligence applies to your injuries, that does not mean they will be successful. Powerful corporations and insurance companies employ myriad tricks to try and lower your claim, but your Higginsville, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you receive, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal representation that parallels and surpasses that of bullying manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Higginsville, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Higginsville, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause crashes and fires, and fail to protect occupants from harm as intended. Common dangerous motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical systems
  • Tires
  • Steering systems
  • Accelerators

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 Higginsville, 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. Examples of medical devices that your Burger Law defective products lawyer in Higginsville, MO has seen be defective are:

  • Artificial hips, knees or other joints that can result in infections, limited mobility, pain or recurring 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 they do not work properly, can lead to pierced organs, infections and electrical burns
  • Blood clot filters that permit dislodged blood clots to travel up to the lungs
  • Permanent birth control devices that can perforate organs, result in pain in the pelvic region, excessive bleeding and unwanted pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have increased exponentially. In the first quarter 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 announced that over the span of a decade Medicare spent at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of easing it. If a defective medical device caused you damages, your Higginsville, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to deteriorate too quickly and have caused unimaginable pain and lifelong damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Higginsville, MO

The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. That means that many medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than the safety of the people they are supposed to be helping. 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 Higginsville, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

Four thousand five hundred drugs 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 family member had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by winning you compensation and holding negligent corporations responsible. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other examples of defective products we see in Higginsville, MO include:

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

Call Burger Law Now

Higginsville, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Higginsville, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Higginsville and throughout Missouri get the best possible compensation 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 getting you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical toll your injury has taken on you and your Higginsville, 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 Higginsville, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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