Defective Products Lawyer in Jackson County, MO.
Defective Products Lawyer in Jackson County, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Jackson County, MO now at or fill out our online form for a free case review.
Imagine what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit by a computer or work around heavy equipment, and/or use your iPhone throughout the day. You may go 4-wheeling on your days off. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of product that had to be designed, produced, shipped and purchased. When there is an error in the stream of commerce and a product becomes defective, it can cause serious injuries to you and your Jackson County, MO family. If tragedy struck you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the great financial recovery you deserve.
In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have won our clients in Jackson County and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Jackson County, MO right away at .
If you were hurt by a faulty product in Jackson County, MO, find out the true value of your case by utilizing our free personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Jackson County, 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?
Jackson County, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that hazardous products account for more than 29 million injuries and 21,000 deaths each year.
Based on 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 extreme devastation an unsafe product can cause.
If you or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in Jackson County, MO for compassionate, committed and experienced support and legal advocacy.
What is the Process for Defective Products Claims in Jackson County, MO?
According to Missouri Revised Statute §537.760, you and your Jackson County, MO defective products lawyer can can hold a person or corporation at fault for your damages if three factors are true:
- The defendant was involved in the product's stream of commerce.
- You used the product in a way rationally foreseen.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably hazardous when you bought the product that caused you direct harm, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.
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 sale, including a distributor or vendor. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can avoid liability if:
- You discover who the manufacturer is, it still exists and can afford to compensate you for all of your damages.
- The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- No other party in the case submits evidence that the vendor took part in any other facet of the chain of distribution.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If the above conditions are satisfied, the distributor 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 implied, were otherwise responsible for the fault or the manufacturer is unable to pay for all of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every to-blame party is held accountable.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be fully understood before use by the public. This defense is only valid for failure to warn product liability lawsuits, and the burden of proof is on the defense.
The Difference Between Strict Liability and Negligence in Defective Products Cases
The majority of personal injury lawsuits in Jackson County, MO are determined by the concept of negligence. We all have an obligation to each other's safety in certain situations; for example, doctors must treat their Jackson County, MO patients with a standard of care. When someone is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they may be held responsible for your damages and would owe you a financial recovery.
However, most product liability or dangerous products claims come down to strict liability, meaning that anyone in the chain of distribution is to blame for any injuries 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 Jackson County, 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 innate defect in the design that subsequently passes the flaw to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- 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 only make one product dangerous, 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 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 that was designed and manufactured 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product generally does not have to warn against obvious risks. For example, they do not have to warn you that a match could start a fire.
Strict liability is intended to incentivize corporations to implement comprehensive safety protocols for verifying that their products will not pose a danger to the public. Even so, too often companies do not value our safety and spend more energy on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Jackson County, MO will hold them responsible by conducting a full investigation of your case and insisting on only complete compensation.
Comparative Negligence in Defective Productions Claims in Jackson County, MO
A common defense for manufacturers in a dangerous product case is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to argue that you are responsible for a portion of your injuries and, therefore, they are not liable for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to avoid their duty to pay you for the harm they have caused. Your Jackson County, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative fault if the following situations apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor 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. 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 use of the product.
- You used the product in a manner 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 lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto crash. A pharmaceutical company could reasonably see 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 principle in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
- You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 injured doing such a thing.
- 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 are your fault because you had not followed recommended precautions.
- 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 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 you have no right to ask them for money they do not owe you.
Just because people in the chain of distribution can — and will — argue that comparative fault applies to your case, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies implement myriad tricks to try and lower your claim, but your Jackson County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair 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 our only fee is a moderate percentage of the financial recovery you collect, and you do not pay us anything until we win your case. Get in touch with Burger Law right away at for legal counsel that matches and surpasses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Jackson County, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Jackson County, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not work as they should. Common defective car parts we see are:
- Fuel systems
- Electrical systems
- Door latches
- Headlights and taillights
Alternative vehicles like ATVs 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 Jackson County, MO
We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Jackson County, MO has seen cause further complications for patients include:
- Artificial joints that can cause infections, limited mobility, chronic soreness or repeated dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants intended 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 permit free-floating blood clots to slip into the lungs
- Permanent birth control devices that can puncture organs, result in pelvic pain, excessive blood loss and unwanted pregnancies
As the medical industry keeps coming up with new technologies, the amount of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the major factor.
In 2017, the U.S. Health and Human Services Department found that over a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of helping us. If a defective medical device ended up worsening your condition, your Jackson County, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.
In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements degrade too quickly and have caused incredible pain and permanent damage to potentially as many as 150,000 people who had received the replacement joint. 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 here:
Defective Drug Lawyer in Jackson County, MO
The Federal Drug Administration has firm procedures that pharmaceutical companies must adhere to from manufacturing to sale. 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. That means that many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people who need medicine and treatments that are truly effective. 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 Jackson County, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.
Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love sustained injuries because of irresponsible pharmaceutical companies and manufacturers, call 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 they have caused. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from their family too soon.
Other examples of defective products we collect compensation for our clients for in Jackson County, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Jackson County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Jackson County, 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 endeavor to see the injured in Jackson County 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 securing you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Jackson County, 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 Jackson County, MO today at or contact us online to take the first step toward true healing.