Defective Products Lawyer in Kearney, MO.
Defective Products Lawyer in Kearney, MO. If you or someone you love sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Kearney, MO today at or fill out our online form for a free case evaluation.
Think of your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around technology, and/or use your cell phone on and off throughout the day. You may go 4-wheeling on your days off. You may even have a prosthetic limb 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 shelves. When there is an oversight in the stream of commerce and a product becomes dangerous, it can cause severe injuries to you and your Kearney, MO family. When that happens to you, you need the expert and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and win you the great compensation you are owed.
In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Kearney and throughout Missouri in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Kearney, MO immediately at .
If you were injured by a dangerous product in Kearney, MO, learn the true value of your claim by utilizing our free personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Kearney, 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 Kearney, MO?
The Consumer Product Safety Commission states that defective products cause over 29 million injuries and 21,000 deaths annually.
According to statistics 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 incredible ruin an unsafe product can cause.
If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Kearney, MO for empathetic, dedicated and skilled support and legal advocacy.
How Defective Products Claims Work in Kearney, MO
Under Missouri Revised Statute §537.760, you and your Kearney, MO defective products lawyer can can hold a person or corporation accountable for your damages if three conditions are met:
- The person was part of the product's stream of commerce.
- The product was used in a manner easily anticipated.
- One or both of the following:
- The product was in a defective condition that was unreasonably hazardous when the product was sold that caused you direct harm, and/or
- Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.
The "chain of distribution" 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, a person or company sold the product but were not involved in the design or manufacture of it may be dismissed from the lawsuit if:
- You discover who the manufacturer is, it still exists and is able to compensate you for the entirety of your damages.
- The distributor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- There is no evidence is submitted to the court that the seller was involved in any other part of the design and manufacturing process.
- The dismissal is requested to the court within 60 days.
If the above conditions are fulfilled, 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 liable for the hazardous condition or the manufacturer cannot reimburse you for all of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held responsible.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense will only work for for inadequate warning product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.
The Difference Between Strict Liability and Negligence in Defective Products Cases
The majority of personal injury suits in Kearney, MO are decided by the conception 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 is negligent, for example if if you are misdiagnosed because of substandard medical attention they may be held liable for your damages and would owe you compensation.
By contrast, most product liability or defective products cases are determined by strict liability, meaning that anyone in the chain of distribution is accountable 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 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 got into your hands.
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 defect in the design that subsequently passes the fault to all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
- 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 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 bugs or other contaminants found in beverages or leaving sharp edges on plastic or other materials.
- Insufficient Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product typically does not have to warn against dangers that a reasonable person would anticipate. For example, they do not have to warn you that a match could start a fire.
Strict liability is meant to incentivize corporations to implement exhaustive safety procedures for guaranteeing the safety of their products. However, too often corporations do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Kearney, MO will fight by your side and demand nothing but a full financial recovery.
Comparative Negligence in Defective Productions Claims in Kearney, MO
An oft-used defense for manufacturers in a dangerous product case is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the chain of distribution to posit that you are liable for a portion of the fault and, therefore, they are not liable 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 to blame for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to get out their responsibility to reimburse you for the harm they have caused. 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 manner the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. 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 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 lower it but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto wreck. 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 called as "Assumption of the risk," a concept 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
- You failed to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. 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 obeyed proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you have a duty to try to keep your damages as low as you reasonable can. 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 people in the chain of distribution can — and will — argue that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies use numerous tricks to try and lower your claim, but your Kearney, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations are unfair 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 are awarded, and you owe us nothing until we win your case. Call Burger Law now at for legal representation that rivals and exceeds that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Kearney, MO
Our defective products lawyer team sees in Kearney, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in accident and fires, and fail to protect drivers and passengers from harm as intended. Common faulty automobile components we see are:
- Fuel systems
- Electrical wiring
- Steering systems
Offroad 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 Kearney, MO
Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually 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 Kearney, MO has seen be defective are:
- Artificial joints that can result in infections, instability, 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 parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in punctured organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control implements that can puncture organs, cause pain in the pelvic region, excessive blood loss and unintended pregnancies
As the medical industry keeps coming up with more and more advanced technologies, the numbers of recalls issued for medical devices has gone up exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly as a result of issues with software.
In 2017, the U.S. Health and Human Services Department announced that in the course of 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of easing it. If a defective medical device caused you injuries, your Kearney, MO defective injuries lawyer at Burger Law will hold the liable 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. Because of mistakes in their packaging and shipping process, the replacements degrade too quickly and have caused unimaginable pain and permanent damage to potentially 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 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:
Defective Drug Lawyer in Kearney, MO
The Federal Drug Administration has strict procedures for the testing, labeling, packaging and shipping of prescription drugs. 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 drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people who need medicine and treatments that are truly effective. 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 Kearney, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.
Hundreds of thousands of drugs 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 care about had your condition worsen because of irresponsible pharmaceutical companies and corporations, contact 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 common defective products we collect compensation for our clients for in Kearney, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Kearney, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Kearney, MO knows that being injured by a hazardous product can completely upend your daily routine, your family and even your present and future financial security. That is why we strive 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 do not hesitate to start working on getting you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Kearney, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Kearney, MO now at or contact us online to start on the path to true healing.