have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Independence, MO.
Defective Products Lawyer in Independence, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Independence, MO immediately at (314) 500-HURT or fill out our online form for a complimentary consultation.
Picture what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around technology, and/or use your android throughout the day. You may drive go-carts on your days off. You may even have a knee replacement or other medical device. It seems we're always using or surrounded by some sort of technology that had to be engineered, manufactured, packaged and purchased. When there is a mistake in the stream of commerce and a product becomes hazardous, it can cause severe harm to you and your Independence, MO family. When that happens to you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the maximum compensation you are owed.
In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Independence and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Independence, MO today at (314) 500-HURT.
If you were hurt by a defective product in Independence, MO, discover the true value of your claim by using our complimentary personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Independence, 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 Independence, MO?
The Consumer Product Safety Commission states that dangerous products account for more than 29 million injuries and 21,000 deaths every year.
According to 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 incredible ruin an unsafe product can cause.
If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in Independence, MO for understanding, committed and talented support and legal advocacy.
How Defective Products Claims Work in Independence, MO
Pursuant to Missouri Revised Statute §537.760, you and your Independence, MO defective products lawyer can make a "strict liability" claim if three factors are met:
- The defendant was part of the product's chain of distribution.
- You used the product in a way logically anticipated.
- One or both of the following:
- The product was in a defective condition that was unreasonably dangerous when you bought the product and your injuries are a direct result of that defect, 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 involved in the product from initial conception to purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can avoid liability if:
- The manufacturer is known, still does business and is financially capable of reimbursing you for the entirety of your injuries.
- The entity that sold it signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
- There is no evidence is presented to the court that the seller took part in any other aspect of the stream of commerce.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
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 demonstrates that they were actually involved in the engineering of the product, were otherwise to blame for the dangerous condition or the manufacturer is unable to reimburse you for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit 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," where a dangerous condition could not be completely understood before use by the public. This defense will only work for for failure to warn defective products lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.
Have You Been Injured from a Dangerous Product?
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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The Difference Between Strict Liability and Negligence in Defective Products Cases
The majority of personal injury cases in Independence, MO are won or lost based on the notion of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that obligation, for example if if you are misdiagnosed because of substandard medical attention they might be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or hazardous products claims come down to strict liability, meaning that a designer, manufacturer or vendor is responsible for any damage that stems from 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 Independence, 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 inherent flaw in the design that subsequently passes the defect to all products with the same design. An example is an electrical appliance that can overheat and cause fires.
- 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 bugs or other contaminants found in beverages or a swing set with a cracked chain.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused injury because it did not give adequate instructions or warnings about innate dangers. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water 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 obvious dangers. For example, 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 exhaustive safety procedures for guaranteeing that their products will not put the people who use it at risk. However, too often companies are negligent and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Independence, MO will fight by your side and demand only the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Independence, MO
Manufacturers, distributors and anyone else in the chain of distribution will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for the manufacturer or distributor 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 determines that you have $100,000 in damages but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to get out their responsibility to pay you for the harm they have caused. Your Independence, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may argue 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 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. By contrast, if you use a loaded shotgun 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 happening.
- You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can significantly decrease 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 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 concept 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
- You failed to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. 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 followed recommended precautions.
- You did not mitigate your damages. In any personal injury claim, you are expected to try to lessen the amount of compensation 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 defense can — and will — try to convince the court that comparative fault applies to your injuries, that does not mean the claim is automatically true. Large corporations and insurance companies implement a lot of tricks to try and lower your claim, but your Independence, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair and try to take advantage of people who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the compensation you are awarded, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal advocacy that rivals and eclipses that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Independence, MO
Our defective products lawyer team sees in Independence, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to accident and fires, and fail to protect occupants from harm as intended. Common defective motor vehicle parts we see are:
- Fuel systems
- Windshield wipers
- Door latches
- Headlights and taillights
Offroad vehicles like 4-wheelers 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 Independence, MO
We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Independence, MO has seen cause further injuries to patients include:
- Artificial joints that can result in infections, limited mobility, pain or repeated 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 malfunction, can result in pierced organs, infections and electrical burns
- Blood clot filters that permit free-floating blood clots to invade the lungs
- Permanent birth control devices that can perforate organs, cause pelvic pain, excessive hemorrhaging and unplanned pregnancies
As the medical industry keeps implementing new technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of issues with software.
In 2017, the U.S. Health and Human Services Department announced that in the course of 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 flawed cardiovascular 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 damages, your Independence, 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.
Earlier this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to degrade too quickly and have caused unthinkable pain and permanent damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was made aware of the defect by a client, we immediately got to work bringing them what peace of mind we could and are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client by clicking the button below:
Defective Drug Lawyer in Independence, 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 medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies 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 Independence, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable.
Four thousand five hundred drugs and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or a loved one sustained injuries because of careless pharmaceutical companies and corporations, 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 selfishness has taken someone from their family too soon.
Other examples of dangerous products we collect compensation for our clients for in Independence, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Call Burger Law Now
Independence, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Independence, MO knows that when manufacturers and sellers 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 strive to see the injured in Independence and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. 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, in addition to the emotional and physical hardships your injury has taken on you and your Independence, 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 Independence, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.