Defective Products Lawyer in Kansas City, MO.
Defective Products Lawyer in Kansas City, MO. If you or someone you love sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Kansas City, MO right away 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 allergy medication, go to school or work on your bike, 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 prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the market. When there is a mistake in that process and a product becomes defective, it can have a catastrophic impact on Kansas City, MO individuals and families. When that happens to you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the maximum compensation you deserve.
In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Kansas City and beyond 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 Kansas City, MO immediately at .
If you were injured by a faulty product in Kansas City, MO, learn how much your claim may be worth by filling out our complimentary personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Kansas 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?
How Common Are Defective Products in Kansas City, MO?
The Consumer Product Safety Commission estimates that dangerous products cause in excess of 29 million injuries and 21,000 fatalities each year.
Based on data 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 unbelievable harm that can be caused when manufacturers and vendors do not obey adequate safety protocols.
If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Kansas City, MO for compassionate, devoted and knowledgeable support and legal counsel.
How Defective Products Claims Work in Kansas City, MO
According to Missouri Revised Statute §537.760, you and your Kansas City, MO defective products lawyer can can hold a person or corporation to blame for your damages if three conditions are met:
- The person was involved in the product's design, manufacture, distribution and sale.
- The product was used in a manner reasonably expected.
- One or both of the following:
- The product was in a faulty condition that was unreasonably hazardous when it left the manufacturer's or seller's and your injuries are a direct result of that defect, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.
The "stream of commerce" refers to anyone involved in the product from initial conception to sale, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the case if:
- The manufacturer is known, has not closed their business and is financially capable of paying you for all of your injuries.
- The entity that sold it signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- No other party in the case puts forward evidence that the vendor took part in any other part of the chain of distribution.
- The dismissal is requested to the court within 60 days.
If those conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise to blame for the defect or the manufacturer is unable to compensate you for all of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery you deserve.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only applicable to for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury suits in Kansas City, MO are based on the notion of negligence. We all have a duty 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 you sustain a dog bite are because a dog owner didn't properly leash their dog 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 defective products claims are strict liability claims, meaning that anyone in the chain of distribution is at fault for any damage that stems from the reasonable use of a product, 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 — 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 inherent defect in the design that afterwards 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: A product can be designed effectively and safely but still become dangerous 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 incorrectly installing wires or electrical components or using the wrong kind of screws or bolts.
- Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused harm because it did not give proper 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is meant to encourage corporations to implement thorough safety procedures for guaranteeing that their products will not pose a danger to the public. Even so, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Kansas City, MO will fight by your side and insist on only a full financial recovery.
Comparative Negligence in Defective Productions Claims in Kansas City, MO
An oft-used defense for manufacturers in a product liability case is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or seller to argue that you share a portion of the fault and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for your injuries, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to avoid their duty to reimburse you for the damage their product did to you. Your Kansas City, MO defective products lawyer at Burger Law will not let them get away with it. Pursuant to the statute, the defense may say you shoulder 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 seller 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. On the other hand, if you put wheels on a chair and are injured racing it down the street, 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 manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can considerably decrease it. Say 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 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 principle in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
- 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 harmed 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 took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you followed recommended safety measures.
- 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 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 defense can — and will — work hard to persuade a jury that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies implement numerous deceitful tactics to try and devalue your claim, but your Kansas City, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you get, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law immediately at for legal counsel that matches and eclipses that of resistant corporations and insurance companies.
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 parts. Defective car parts can result in crashes and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous automobile components we see are:
- Fuel systems
- Windshield wipers
- Headlights and taillights
Offroad vehicles like 4-wheelers can also cause harm, for instance if a design defect gives them a heightened propensity 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 Kansas City, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Kansas City, MO has seen be defective are:
- Artificial hips, knees or other joints that can result in infections, limited mobility, pain or recurring dislocations
- Pacemakers, which can result in infections or even wrongful death because of premature failures
- Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in punctured organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control devices that can perforate organs, result in pelvic pain, excessive blood loss and unplanned pregnancies
As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has increased exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly owing to defects in software.
In 2017, the U.S. Health and Human Services Department found that in the course of a decade Medicare spent at least $1.5 billion to replace more than 73,000 defective cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of helping us. If a flawed medical device ended up aggravating your condition, your Kansas City, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive a full financial recovery for all of the unneeded pain you experienced.
In February 2022, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused incredible pain and lifelong damage to possibly as many as 150,000 people who were depending on the replacement joint to return their mobility. When Burger Law was contacted 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 view the complaint we filed for our first client here:
Defective Drug Lawyer in Kansas City, MO
The Federal Drug Administration has strict protocols that pharmaceutical companies must obey 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 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, 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 intolerable.
Hundreds of thousands of medications and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or someone you love had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, get in touch with 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from this world too soon.
Other examples of defective products we collect compensation for our clients for in Kansas City, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Kansas City, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Kansas City, MO knows that being hurt by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Kansas City and throughout Missouri get fair compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on wining you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Kansas City, MO family. We will stand 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 Kansas City, MO immediately at or contact us online to take the first step toward true healing.