Defective Products Lawyer in Jefferson City, MO.
Defective Products Lawyer in Jefferson City, MO. If you or a loved one was injured by a dangerous product, get in touch with a Burger law defective products lawyer in Jefferson City, MO immediately at or fill out our online form for a free consultation.
Think of 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 technology, and/or use your android at various times during the day. You may use lawnmowers on your free days. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the shelves. When there is a mistake in the chain of distribution and a product becomes dangerous, it can cause serious injuries to you and your Jefferson City, MO family. If tragedy struck you, you need the expert and dedicated legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the maximum compensation you are owed.
In our In our three decades of experience fighting for fairness and justice, we have secured our clients in Jefferson City and beyond more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Jefferson City, MO now at .
If you were harmed by a faulty product in Jefferson City, MO, find out the true value of your case by filling out our free personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Jefferson City, 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?
Jefferson City, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that hazardous products account for in excess of 29 million injuries and 21,000 deaths annually.
According to data from the Insurance Information Institute, in 2019 the mean average that people injured by defective 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 or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in Jefferson City, MO for compassionate, devoted and talented support and legal counsel.
How Defective Products Claims Work in Jefferson City, MO
- The person was part of the product's chain of distribution.
- You used the product in a way rationally foreseen.
- Either or both of the following conditions:
- The product had a faulty condition that was unreasonably dangerous when it left the manufacturer's or vendor's that was the proximate cause of your injuries, and/or
- Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.
The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may be dismissed from the suit if:
- You discover who the manufacturer is, it has not closed their business and is financially capable of compensating you for the entirety of your injuries.
- The seller signs an affidavit under oath that they had nothing to do with the product beyond selling it.
- There is no evidence is brought in front of the court that the vendor 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 engineering of the product, were otherwise to blame for the defect or the manufacturer cannot reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable party is held accountable.
Missouri Revised Statute §537.764 mentions a caveat 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 was introduced to the public. 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 hazardous aspect.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury cases in Jefferson City, MO depend on the idea of negligence. We all have an responsibility to each other's safety 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 fails in that obligation, for instance if sustain an injury because you were hit by a distracted driver they may 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 cases are determined by strict liability, meaning that a designer, manufacturer or vendor is liable 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 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 — when it left the manufacturer's or distributor's control.
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 fault in the design that subsequently affects all of that product model that go on to be manufactured. 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 dangerous 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 incorrectly installing wires or electrical components or using the wrong kind of screws or bolts.
- Failure to Warn of Known Risks or Risks That Should Have Been Foreseen: This refers to a product that was designed and manufactured safely but caused harm because it did not give adequate instructions or warnings about inherent 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. A manufacturer typically does not have to warn against dangers that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.
Strict liability is meant to hold corporations accountable and persuade them to implement exhaustive safety protocols for guaranteeing the safety of their products. Even so, too often corporations do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Jefferson City, MO will fight by your side and demand nothing but the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Jefferson City, MO
Manufacturers, sellers and anyone else in the chain of distribution will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the defendants to posit that you share a portion of the fault 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 to blame for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to eschew their obligation to pay you for the harm they have caused. Your Jefferson City, MO defective products lawyer at Burger Law will not let them get away with it. 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 present in your case:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect a consumer to use it. 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 are injured playing catch with a power tool or other sharp object, 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 stream of commerce will not be able to totally avoid liability but can significantly lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car 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 called 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 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 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 injured doing such a thing.
- You failed to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you adhered to proper protocols.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. 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 injuries, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies employ numerous tricks to try and minimize your claim, but your Jefferson City, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies are unfair and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you are awarded, and you owe us nothing until you get the great compensation you deserve. Call Burger Law today at for legal representation that matches and exceeds that of resistant manufacturers and distributors and insurance adjusters.
Defective Vehicle Parts Lawyer in Jefferson City, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Jefferson City, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous car components we see are:
- Electrical wiring
- Steering systems
Offroad vehicles like ATVs can also cause injuries, 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 Jefferson City, MO
Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us even more injuries when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Jefferson City, MO has seen be defective are:
- Artificial hips, knees or other joints that can lead to infections, limited mobility, pain or repeated dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
- Surgical robots intended to operate on hard to reach areas which, when they do not work properly, can cause punctured organs, infections and electrical burns
- Blood clot filters that permit dislodged blood clots to travel up to the lungs
- Permanent birth control implements that can puncture organs, result in pain in the pelvic region, abnormal bleeding and unplanned pregnancies
As the medical industry keeps inventing more and more advanced technologies, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, mostly owing to defects in software.
In 2017, the U.S. Health and Human Services Department stated that throughout a decade Medicare spent at least $1.5 billion to replace over 73,000 faulty heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a flawed medical device ended up worsening your condition, your Jefferson City, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.
Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused incredible pain and lifelong 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 got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can view our original complaint here:
Defective Drug Lawyer in Jefferson City, MO
The Federal Drug Administration has firm 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 who need medicine and treatments that truly help their condition. 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 intolerable.
Four thousand five hundred medications and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or a family member had your condition worsen because of reckless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. 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 examples of defective products we file suit for in Jefferson City, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Jefferson City, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Jefferson City, MO knows that being harmed by a hazardous product can completely disrupt your life. That is why we endeavor to see the vulnerable in Jefferson City 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 do not hesitate to start working on securing 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 Jefferson City, 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 Jefferson City, MO today at or contact us online to start on your journey to being made whole again.