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Defective Products Lawyer in Jefferson City, MO.

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

Imagine your daily routine: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on your bike, sit by a computer or work around heavy machinery, and/or use your android at various times during the day. You may go boating on your free days. 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 designed, manufactured, shipped and purchased. When there is a breakdown in the stream of commerce and a product becomes hazardous, it can have a catastrophic impact on Jefferson City, MO individuals and families. When that happens to you, you need the skilled and committed legal services of Burger Law's defective products lawyer team to stand by your side and secure you the full compensation you are owed.

In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Jefferson City and throughout Missouri more than $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Jefferson City, MO today at (314) 500-HURT.

If you were injured by a faulty product in Jefferson City, MO, see how much your claim may be worth by utilizing our free personal injury calculator.



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Phone: (314) 500-HURT

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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Jefferson City, MO:

How Common Are Defective Products in Jefferson City, MO?

The Consumer Product Safety Commission states that dangerous products account for over 29 million injuries and 21,000 fatalities each year.

According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the incredible harm that can be caused when manufacturers and distributors do not obey the rules.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Jefferson City, MO for understanding, dedicated and skilled support and legal counsel.

How Defective Products Claims Work in Jefferson City, MO

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

  1. The corporation was part of the product's design, manufacture, distribution and sale.
  2. You used the product in a way rationally anticipated.
  3. Either or both of the following conditions:
    1. The product was in a faulty condition that was unreasonably hazardous when it left the manufacturer's or vendor'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 vendor. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may avoid liability if:

  • The manufacturer is known, has not closed their business and is financially capable of compensating you for all of your damages.
  • The entity that sold it makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is submitted to the court that the seller took part in any other part of the design and manufacturing process.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the above conditions are satisfied, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise liable for the hazardous condition or the manufacturer cannot pay for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation that they owe you.

Missouri Revised Statute §537.764 provides one defense 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 hit the shelves. This defense is only applicable to 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 condition.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury suits in Jefferson City, MO are won or lost based on the conception of negligence. We all owe each other a duty of care 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 you are misdiagnosed because of substandard medical attention they can be found liable for your damages and would have to pay you compensation.

However, most product liability or defective products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is liable 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 Jefferson City, 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:

  1. Design Defect: A design defect is an inherent defect 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 not properly fastening components to each other.
  3. Inadequate Warnings and Instructions: 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 hazard that could arise from normal use of the product. 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. The company that makes a product generally 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 verifying the safety of their products. However, too often companies are negligent 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 Jefferson City, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in Jefferson City, MO

An oft-used defense for manufacturers in a dangerous product claim is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the defendants to argue that you are liable for a portion of the fault and, therefore, they are not required to compensate 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 to blame for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to eschew their responsibility to reimburse you for the harm they have caused. Your Jefferson City, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative negligence if the following situations apply:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller 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. On the other hand, 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 way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can significantly decrease it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car collision. A pharmaceutical company could reasonably see 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 a plaintiff knowingly enters into a dangerous activity, 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 failed to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. 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 obeyed proper protocols.
  • You did not mitigate your damages. In any personal injury claim, you are expected to try to lessen the financial recovery you are owed. For example, you cannot seek unnecessary medical treatment. 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 seller can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ numerous dishonest ruses to try and devalue your claim, but your Jefferson City, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations will try everything to avoid paying you and try to take advantage of people who have never had to file a lawsuit before. All you will ever owe is a contingency fee, 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 parallels and exceeds that of bullying manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Jefferson City, MO

Our defective products lawyer team sees in Jefferson City, 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, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common defective car components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Door latches
  • Headlights and taillights

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 Jefferson City, 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. Common medical devices that your Burger Law defective products lawyer in Jefferson City, MO has seen cause further complications for patients include:

  • Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or recurring dislocations
  • Cardiovascular devises, which can lead to 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 defective, can result in pierced organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control implements that can pierce organs, cause pain in the pelvic region, abnormal hemorrhaging and unplanned pregnancies

As the medical industry keeps coming up with more and more advanced technologies, the numbers of recalls issued for medical devices has increased exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the leading cause.

In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare spent at least $1.5 billion to replace over 73,000 defective heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of helping us. If a defective medical device caused you injuries, your Jefferson City, 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 unnecessary pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 patients 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 continue to take on Exactech Knee Replacement cases. You can read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Jefferson City, 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. That means that many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than the safety of the people who need medicine and treatments that are truly effective. 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 Jefferson City, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Four thousand five hundred drugs and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or a loved one sustained injuries because of careless pharmaceutical companies and corporations, contact 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 justice for the wrongful death of their loved one.

Other common dangerous products we file suit for in Jefferson City, MO include:

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

Call Burger Law Now

Jefferson City, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Jefferson City, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your life. That is why we strive to see the injured in Jefferson City 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 inflicted on you and your Jefferson City, 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 Jefferson City, MO right away at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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