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Defective Products Lawyer in Kearney, MO.

Defective Products Lawyer in Kearney, MO. If you or someone you love was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in Kearney, MO now at (314) 500-HURT or fill out our online form for a free case review.

Picture your daily routine: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around heavy machinery, and/or use your android throughout the day. You may drive go-carts on the weekend. You may even have a pacemaker or other medical implant. 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 the stream of commerce and a product becomes hazardous, it can have a disastrous impact on Kearney, MO individuals and families. If tragedy struck you, you need the accomplished and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the maximum financial recovery you deserve.

In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Kearney and throughout Missouri over $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Kearney, MO right away at (314) 500-HURT.

If you were harmed by a defective product in Kearney, MO, find out the true value of your case by filling out our complimentary 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 Kearney, MO:

Kearney, MO Defective Products Statistics

The Consumer Product Safety Commission has found that faulty products cause in excess of 29 million injuries and 21,000 fatalities every 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 shows the incredible destruction an unsafe product can cause.

If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Kearney, MO for understanding, dedicated and experienced support and legal advocacy.

How Defective Products Claims Work in Kearney, MO

According to Missouri Revised Statute §537.760, you and your Kearney, MO defective products lawyer can can hold a person or company at fault for your injuries if three conditions are true:

  1. The defendant was involved in the product's stream of commerce.
  2. You used the product in a way logically expected.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor's and your injuries are a direct result of that defect, and/or
    2. You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to sale, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may be dismissed from the case if:

  • You discover who the manufacturer is, it still exists and is financially capable of reimbursing you for all of your damages.
  • The distributor 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 seller took part in any other facet of the design and manufacturing process.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

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 shows that they had a larger role in the production of the product than they implied, were otherwise to blame for the defect or the manufacturer cannot compensate you for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation you deserve.

Missouri Revised Statute §537.764 provides one defense 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 hit the shelves. This defense is only valid for failure to warn defective products cases, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

The majority of personal injury suits in Kearney, MO are decided by the concept of negligence. We all owe each other a duty of care in certain situations; for example, Kearney, MO dog owners must always have control of their dog. When someone fails in that responsibility, for instance if if there a loose floor boards at a restaurant that cause you to fall they might be found liable for your damages and would owe you compensation.

By contrast, most product liability or hazardous products cases are determined by strict liability, meaning that anyone in the chain of distribution is to blame for any injuries 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 Kearney, 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 innate defect in the design that subsequently 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 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 dangerous chemicals. An example could be installing outdated components or not properly fastening components to each other.
  3. Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about inherent dangers. 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 obvious risks. 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 exhaustive safety protocols for guaranteeing the safety of their products. Even so, too often companies are negligent and spend more energy on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Kearney, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but complete compensation.

Comparative Negligence in Defective Productions Claims in Kearney, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to put forth the argument 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 awards you $100,000 but finds you were 30 percent liable for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt an entity involved in the stream of commerce makes to eschew their duty to pay you for the damage their product did to you. Your Kearney, 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 fault if the following situations apply:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor 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 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 reasonably foresee that use of the product.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to totally avoid fault but can significantly decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle wreck. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
  • You knew of inherent risks of the product while you were using it. This is often referred to as "Assumption of the risk," a principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
  • 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You did not 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 are your fault because you had not obeyed 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 refuse to return to work when you are healthy enough to do so. 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 comparative fault applies to your lawsuit, that does not mean they will be successful. Bullying corporations and insurance companies use a lot of dishonest ruses to try and minimize your claim, but your Kearney, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you receive, and you owe us nothing until you get the great compensation you deserve. Call Burger Law immediately at (314) 500-HURT for legal counsel that rivals and eclipses that of bullying manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Kearney, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Kearney, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in 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
  • Seats
  • 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 Kearney, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Kearney, MO has seen cause further complications for patients are:

  • Artificial hips, knees or other joints that can cause infections, limited mobility, chronic soreness or frequent dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on hard to reach areas which, when defective, can cause perforated organs, infections and electrical burns
  • Blood clot filters that allow dislodged blood clots to invade the lungs
  • Permanent birth control implements that can perforate organs, lead to pelvic pain, abnormal hemorrhaging and unwanted pregnancies

As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the chief cause.

In 2017, the U.S. Health and Human Services Department found that over 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a flawed medical device caused you damages, your Kearney, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February of 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 designed to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was retained 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 our original complaint here:

View Complaint

Defective Drug Lawyer in Kearney, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must follow from manufacturing to delivery. 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 third-party testing many drugs reach the shelves 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, 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 Kearney, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

Hundreds of thousands of 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 someone you care about had your condition worsen because of irresponsible pharmaceutical companies and corporations, reach out to 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 they have caused. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from this world too soon.

Other common defective products we file suit for in Kearney, MO include:

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

Call Burger Law Now

Kearney, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Kearney, MO knows that being injured by a faulty 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 Kearney 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 delivering you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Kearney, 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 Kearney, MO today at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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