Defective Products Lawyer in Holden, MO.
Defective Products Lawyer in Holden, MO. If you or a loved one sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Holden, MO immediately at or fill out our online form for a complimentary case review.
Imagine what your daily like looks like: You may have a skincare routine or put on some 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 iPhone on and off throughout the day. You may go 4-wheeling on your days off. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of product that had to be designed, manufactured, packaged and purchased. When there is an error in that process and a product becomes hazardous, it can have a disastrous effect on Holden, MO individuals and families. When that happens to you, you need the accomplished and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and get you the full compensation you are owed.
In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have secured our clients in Holden and beyond over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Holden, MO now at .
If you were harmed by a defective product in Holden, MO, discover the true value of your case by filling out our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Holden, 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?
How Common Are Defective Products in Holden, MO?
The Consumer Product Safety Commission states that faulty products result in more than 29 million injuries and 21,000 deaths each year.
According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme harm an unsafe product can cause.
If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Holden, MO for empathetic, committed and expert support and legal counsel.
What is the Process for Defective Products Claims in Holden, MO?
- The person was involved in the product's stream of commerce.
- The product was used in a way rationally expected.
- Either or both of the following conditions:
- The product was in a defective condition that was unreasonably hazardous when you bought the product and your injuries are a direct result of that defect, and/or
- Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.
The "chain of distribution" refers to anyone involved in the product from initial design to sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity 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 can afford to compensate you for the entirety of your injuries.
- The entity that sold it makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
- No other party in the case submits evidence that the seller was involved in any other aspect of the stream of commerce.
- The dismissal is requested to the court within 60 days.
If the aforementioned conditions are met, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise responsible for the dangerous condition or the manufacturer is unable to pay for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery that they owe you.
Missouri Revised Statute §537.764 mentions a caveat 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 went to market. This defense is only applicable to for inadequate warning defective products claims, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury suits in Holden, 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, doctors must treat their Holden, MO patients with a standard of care. 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 found liable for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or defective products claims come down to strict liability, meaning that anyone in the chain of distribution is to blame for any damage a product causes, 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 Holden, 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:
- Design Defect: A design defect is an inherent flaw in the design that subsequently affects all products with the same design. An example is a toy intended for children that contains a choking hazard.
- 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 bugs or other contaminants found in beverages or leaving sharp edges on plastic or other materials.
- Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: This occurs when the product was not dangerous through design or manufacture, but rather 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 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 obvious dangers. For instance, they do not have to warn you that a match could start a fire.
Strict liability is meant to encourage corporations to implement comprehensive safety procedures for ensuring the safety of their products. However, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Holden, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but the best possible compensation.
Comparative Negligence in Defective Productions Claims in Holden, MO
Manufacturers, sellers and anyone else in the stream of commerce will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the defendants to put forth the defense that you are responsible for a portion of your injuries and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for the accident, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a defendant makes to get out their duty to pay you for the damage their product did to you. Your Holden, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances apply:
- 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, 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 use a loaded gun 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, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can significantly reduce 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 knew of inherent hazards of the product while you were using it. This is often referred to as "Assumption of the risk," a concept 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 say that any reasonable person would have known that they could be seriously harmed doing such a thing.
- 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 would have been avoided had you followed proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. The defense may say you have no right to ask them for money they do not owe you.
Just because people in the stream of commerce can — and will — assert that comparative negligence applies to your case, that does not mean they will be successful. Bullying corporations and insurance companies employ a variety of dishonest ruses to try and minimize your claim, but your Holden, MO defective products lawyer at Burger Law knows how to combat them. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. 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 we do not collect any attorney's fees until you get the great compensation you deserve. Get in touch with Burger Law now at for legal representation that parallels and exceeds that of bullying corporations and insurance companies.
Defective Vehicle Parts Lawyer in Holden, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Holden, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in collisions and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous car components we see are:
- Fuel systems
- Windshield wipers
- Steering systems
- Headlights and taillights
Alternative vehicles like ATVs can also cause damage, 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 Holden, MO
We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Holden, MO has seen be defective include:
- Artificial joints that can result in infections, limited mobility, pain or frequent dislocations
- Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as expected
- 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 lead to 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, cause pain in the pelvic region, excessive bleeding and unwanted pregnancies
As the medical industry keeps inventing new technologies, medical device recalls have gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, mostly because of defects in software.
In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare spent at least $1.5 billion to replace more than 73,000 faulty heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a defective medical device ended up worsening your condition, your Holden, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to degrade too quickly and have caused unthinkable pain and permanent damage to potentially as many as 150,000 patients who had the replacement joint implanted. When Burger Law was made aware of the defect 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 Holden, MO
The Federal Drug Administration has stringent procedures for the testing, labeling, packaging and shipping of prescription drugs. 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 independent testing many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people they are supposed to be helping. 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 Holden, 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 taken off the national market annually, and many of them have already been widely ingested and used. If you or a loved one received injuries because of reckless pharmaceutical companies and manufacturers, contact 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 responsible when their negligence has taken someone from this world too soon.
Other examples of dangerous products we file suit for in Holden, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Holden, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Holden, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we have committed our careers to seeing the injured in Holden 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 immediately start working on wining you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Holden, MO family. We will fight 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 Holden, MO now at or contact us online to start on your journey to being made whole again.