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Defective Products Lawyer in Kansas City, MO.

Defective Products Lawyer in Kansas City, MO. If you or a loved one was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Kansas City, MO immediately at (314) 500-HURT or fill out our online form for a free 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 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 use lawnmowers on your days off. 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 an error in the chain of distribution and a product becomes defective, it can cause serious harm to you and your Kansas City, MO family. If tragedy struck you, you need the skilled and committed legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the great compensation you are owed.

In our In our three decades of experience fighting for fairness and justice, we have won our clients in Kansas City and throughout Missouri in excess of $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Kansas City, MO immediately at (314) 500-HURT.

If you were injured by a defective product in Kansas City, MO, discover how much your claim may be worth by filling out our free personal injury calculator.



Chesterfield, MO

Chesterfield, MO

100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005

By appointment only

Phone: (314) 648-8348

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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Kansas City, MO:

How Common Are Defective Products in Kansas City, MO?

The Consumer Product Safety Commission has found that defective products cause in excess of 29 million injuries and 21,000 fatalities 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 speaks to the extreme devastation that can be caused when manufacturers and vendors do not adhere to adequate safety protocols.

If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in Kansas City, MO for passionate, dedicated and skilled support and legal counsel.

What is the Process for Defective Products Claims in Kansas City, MO?

Pursuant to Missouri Revised Statute §537.760, you and your Kansas City, MO defective products lawyer can make a "strict liability" claim if three factors are true:

  1. The company was part of the product's stream of commerce.
  2. You used the product in a manner rationally expected.
  3. One or both of the following:
    1. The product was in a defective condition that was unreasonably dangerous when you bought the product that caused you direct harm, and/or
    2. 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 hitting the shelves, from initial design to sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it can be dismissed from the lawsuit if:

  • You discover who the manufacturer is, it still does business and can afford to pay for the entirety of your damages.
  • The seller makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case comes forward with evidence that the vendor took part in any other aspect of the design and manufacturing process.
  • The motion to dismiss is filed within 60 days.

If those conditions are fulfilled, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise at fault for the defect or the manufacturer is unable to reimburse you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every liable party is held accountable.

Missouri Revised Statute §537.764 has an exception 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 valid for inadequate warning product liability 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 claims in Kansas City, MO are based on the idea 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 example if if you are misdiagnosed because of substandard medical attention 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 dangerous products claims are strict liability claims, 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 Kansas 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 it came into your possession.

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 imperfection in the design that afterwards passes the defect to all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
  2. 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 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 using the wrong kind of screws or bolts.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about inherent risks. 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. A manufacturer typically does not have to warn against dangers that a reasonable person would anticipate. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety procedures for ensuring the safety of their products. However, too often companies are negligent 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 Kansas City, MO will fight by your side and demand nothing but the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Kansas City, 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 allows for the manufacturer or distributor to argue that you are liable for a portion of your damages and, therefore, they do not have to pay you 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, claims of comparative fault are an erroneous attempt an entity involved in the stream of commerce makes to get out their responsibility to reimburse you for the harm they have caused. Your Kansas City, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According 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 vendor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. 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 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 happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can considerably diminish 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 called as "Assumption of the risk," a concept in tort claims wherein, if the injured party was aware of risks, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. 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 followed recommended precautions.
  • You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. The defense may say you have no right to ask them for money they do not owe you.

Just because the manufacturer or seller can — and will — try to convince the court that comparative negligence applies to your case, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies use numerous deceitful tactics to try and devalue your claim, but your Kansas City, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the financial recovery you receive, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law today at (314) 500-HURT for legal representation that rivals and surpasses that of resistant manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Kansas City, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Kansas City, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to crashes and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous motor vehicle components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical systems
  • Tires
  • Door latches
  • Accelerators

Alternative vehicles like ATVs can also cause harm, 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 Kansas City, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more complications when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Kansas City, MO has seen cause further injuries to patients include:

  • Artificial hips, knees or other joints that can lead to infections, instability, pain or frequent dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on hard to reach areas which, when faulty, can lead to perforated organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to invade the lungs
  • Permanent birth control implements that can pierce organs, cause pain in the pelvic region, excessive hemorrhaging and unplanned pregnancies

As the medical industry keeps coming up with more and more advanced technologies, medical device recalls have skyrocketed. 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 found that over the span of a decade Medicare paid out at least $1.5 billion to replace over 73,000 faulty cardiovascular devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Kansas City, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused unthinkable pain and permanent damage to possibly 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 filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Kansas City, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must obey from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many prescriptions reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit 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 Kansas City, MO to stand up to these bullying corporations and let them know that their conduct is deplorable.

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 had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer as soon as possible. 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 selfishness has taken someone from their family too soon.

Other examples of defective products we see in Kansas 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

Kansas City, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Kansas City, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we strive to see the injured in Kansas 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 immediately start working on getting you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Kansas 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 Kansas City, MO right away at (314) 500-HURT or contact us online to start on your journey to true healing.

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