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, reach out to a Burger law defective products lawyer in Higginsville, MO right away at or fill out our online form for a free case evaluation.
Imagine 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 your bike, sit at in a chair or work around heavy machinery, and/or use your android at various times during the day. You may go 4-wheeling on your days off. You may even have a joint replacement 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 shelves. When there is a mistake in the stream of commerce and a product becomes dangerous, it can have a ruinous effect on on your life and lives of those you love in Higginsville, MO. If tragedy struck you, you need the knowledgeable and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the maximum compensation you are owed.
In our In our three decades of experience standing up for fairness and justice, we have secured our clients in Higginsville and beyond over $170 million. Our initial case evaluations 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 Higginsville, MO today at .
If you were injured by a dangerous product in Higginsville, MO, learn the true value of your case by using our complimentary personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Higginsville, 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?
Higginsville, MO Defective Products Statistics
The Consumer Product Safety Commission has found that defective products account for in excess of 29 million injuries and 21,000 fatalities each year.
According to 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 incredible ruin that can be caused when manufacturers and distributors do not obey proper safety measures.
If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Higginsville, MO for understanding, dedicated and skilled support and legal representation.
How Defective Products Claims Work in Higginsville, MO
Under Missouri Revised Statute §537.760, you and your Higginsville, MO defective products lawyer can can hold a person or corporation liable for your injuries if three conditions are true:
- The defendant was part of the product's design, manufacture, distribution and sale.
- The product was used in a way rationally expected.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, and/or
- 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 going to the market, from initial conception to purchase, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the case if:
- You discover who the manufacturer is, it still exists and is financially capable of reimbursing you for the entirety of your damages.
- The entity that sold it makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- There is no evidence is submitted to the court that the seller was involved in any other part of the chain of distribution.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If those conditions are met, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they had a larger role in the production of the product than they led on, were otherwise at fault for the defect or the manufacturer is unable to 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 that every liable party is held responsible.
Missouri Revised Statute §537.764 provides one defense 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 went to market. This defense will only work for for failure to warn product liability cases, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury suits in Higginsville, MO are decided by the concept of negligence. We all have a civil duty to not carelessly cause harm to other people 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 if there a loose floor boards at a restaurant that cause you to fall they can be held liable for your damages and would have to pay you compensation.
However, most product liability or hazardous products cases are strict liability claims, meaning that a designer, manufacturer or vendor is to blame for any injuries 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 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 — at the moment that you acquired it.
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 flaw in the design that subsequently passes the fault to all products with the same design. An example is a piece of clothing that is easily flammable.
- Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either only make one product hazardous, 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 installing outdated components or using the wrong kind of screws or bolts.
- Insufficient Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could arise from normal use of the product. 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 dangers 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 procedures for verifying the safety of their products. Even so, too often companies are negligent and spend more energy on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Higginsville, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but complete compensation.
Comparative Negligence in Defective Productions Claims in Higginsville, MO
A common defense for manufacturers in a dangerous product claim is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or seller to posit that you are responsible for a portion of your injuries and, therefore, they do not have to pay you the full extent of your damages. 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 a disingenuous attempt a defendant makes to avoid their obligation to reimburse you for the damage their product did to you. Your Higginsville, MO defective products lawyer at Burger Law sees through that. Under 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 way the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. On the other hand, if you use a loaded rifle 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 use of the product.
- You used the product in a way the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid fault but can significantly decrease 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 referred to as "Assumption of the risk," a theory in tort claims whereby, 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You neglected 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 would have been avoided had you obeyed proper protocols.
- You failed to 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 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 defense can — and will — work hard to persuade a jury that comparative fault applies to your claim, that does not mean the claim is automatically true. Bullying corporations and insurance companies employ myriad tricks to try and devalue your claim, but your Higginsville, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you get, and you do not pay us anything until we win your case. Reach out to Burger Law immediately at for legal counsel that matches and eclipses that of resistant manufacturers and sellers and insurance companies.
Defective Vehicle Parts Lawyer in Higginsville, MO
Our defective products lawyer team sees in Higginsville, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. 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 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
- Steering systems
- Engine cooling fan blades
Offroad vehicles like 4-wheelers can also cause damage, for instance many of them are prone to flipping 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
We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Higginsville, MO has seen cause further complications for patients are:
- Artificial joints that can cause infections, instability, chronic soreness or frequent dislocations
- Pacemakers, which can lead to infections or even wrongful death because of premature failures
- Surgical robots 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 internal burns
- Blood clot filters that allow free-floating blood clots to invade the lungs
- Permanent birth control devices that can pierce organs, lead to pelvic pain, abnormal bleeding and unwanted pregnancies
As the medical industry keeps inventing new technologies, the amount of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, mostly as a result of problems with software.
In 2017, the U.S. Health and Human Services Department found that in the course of 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of helping us. If a faulty medical device ended up aggravating your condition, your Higginsville, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February 2022, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unthinkable 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 view the complaint we filed for our first client here:
Defective Drug Lawyer in Higginsville, MO
The Federal Drug Administration has strict protocols 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 market. With no absolute third-party testing many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over 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 for the vulnerable and let these corporations know that their conduct is unacceptable.
Hundreds of thousands of 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 loved one received injuries because of careless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by winning you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from their family too soon.
Other examples of defective products we collect compensation for our clients for in Higginsville, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Higginsville, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Higginsville, MO knows that being harmed by a dangerous product can completely disrupt your life. That is why we endeavor to see the vulnerable in Higginsville and throughout Missouri collect full compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on wining you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Higginsville, 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 Higginsville, MO right away at or contact us online to take the first step toward a true recovery.