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Defective Products Lawyer in Kennet, MO.
Defective Products Lawyer in Kennet, MO. If you or someone you care about sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Kennet, MO today at (314) 500-HURT or fill out our online form for a free consultation.
Picture your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your vehicle, sit at in a chair or work around heavy machinery, and/or use your iPhone on and off throughout the day. You may go 4-wheeling on the weekend. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of product that had to be designed, manufactured, shipped and bought. When there is a mistake in the stream of commerce and a product becomes dangerous, it can cause serious injuries to you and your Kennet, MO family. When that happens to you, you need the knowledgeable and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and get you the full financial recovery you are owed.
In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Kennet and beyond over $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Kennet, MO today at (314) 500-HURT.
If you were harmed by a faulty product in Kennet, MO, discover the true value of your case by using our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Kennet, 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 Kennet, MO?
The Consumer Product Safety Commission estimates that defective products result in more than 29 million injuries and 21,000 deaths each year.
Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme devastation that can be caused when manufacturers and distributors do not adhere to the rules.
If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Kennet, MO for compassionate, dedicated and expert support and legal representation.
What is the Process for Defective Products Claims in Kennet, MO?
According to Missouri Revised Statute §537.760, you and your Kennet, MO defective products lawyer can file a "strict liability" suit if three conditions are true:
- The company was part of the product's chain of distribution.
- You used the product in a way reasonably expected.
- One or both of the following:
- The product was in a faulty condition that was unreasonably dangerous when it left the manufacturer's or seller's that caused you direct harm, 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 that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including a distributor or vendor. According to 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 claim if:
- The manufacturer is known, has not closed their business and is financially capable of reimbursing you for all of your damages.
- The distributor signs an affidavit under oath that their only involvement in the process was selling it.
- There is no evidence is presented to the court that the vendor took part in any other aspect of the design and manufacturing process.
- The dismissal is requested to the judge within 60 days.
If the aforementioned conditions are satisfied, the seller 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 were actually involved in the engineering of the product, were otherwise at fault for the defect or the manufacturer is unable to compensate 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 you get the great compensation that they owe you.
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 went to market. This defense is only valid for failure to warn defective products claims, and the burden of proof is on the defense.
Have You Been Injured from a Dangerous Product?
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury claims in Kennet, MO are based on the notion of negligence. We all have an responsibility to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be held 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 cases are strict liability claims, meaning that a designer, manufacturer or vendor is accountable 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 Kennet, 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 imperfection in the design that subsequently passes the imperfection 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 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 a tainted batch of something intended for drinking containing a poisonous substance.
- Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about innate risks. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or not advising an appropriate age range for children if a toy or game is a choking hazard. 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 intended to encourage corporations to implement exhaustive safety protocols for ensuring the safety of their products. Even so, too often corporations are negligent and concentrate more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Kennet, MO will hold them accountable by conducting a full investigation of your case and demanding only the best possible compensation.
Comparative Negligence in Defective Productions Claims in Kennet, MO
A common defense for manufacturers in a product liability case is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or seller to put forth the argument that you are liable for a portion of your damages and, therefore, they are not liable for your full financial recovery. 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, claims of comparative fault are a dishonest attempt a manufacturer makes to get out their responsibility to pay you for the harm they have caused. Your Kennet, MO defective products lawyer at Burger Law will not let them get away with it. Under the statute, the defense may say you bear some or all of the fault if one or several of the following circumstances apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect the public to use it. 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. By contrast, if you use a loaded shotgun to prop a door open and it misfires, 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, the defendant will likely not be able to avoid liability altogether, but can significantly lower it but can considerably lower it. Suppose 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 referred to as "Assumption of the risk," a principle in tort claims wherein, if the injured party was aware of risks, 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 say that any reasonable person would have known that they could be seriously hurt doing such a thing.
- You did not 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 followed 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 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 defense can — and will — work hard to persuade a jury that comparative negligence applies to your claim, that does not mean they will be successful. Powerful corporations and insurance companies use numerous deceitful tactics to try and minimize your claim, but your Kennet, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations are unfair and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you are awarded, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal advocacy that rivals and exceeds that of resistant manufacturers and sellers and insurance adjusters.
Defective Vehicle Parts Lawyer in Kennet, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Kennet, MO. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to crashes and fires, and fail to protect occupants from harm as intended. Common dangerous car parts we see are:
- Windshield wipers
- Door latches
- Engine cooling fan blades
Offroad vehicles like 4-wheelers can also cause damage, 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 Kennet, MO
Medical devices are meant to improve the lives of the people who need them. 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 Kennet, MO has seen cause further injuries to patients include:
- Artificial hips, knees or other joints that can cause infections, instability, chronic soreness or frequent dislocations
- Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
- Robotic surgical assistants intended to operate on hard to reach areas which, when faulty, can cause pierced organs, infections and internal burns
- Blood clot filters that allow dislodged blood clots to slip into the lungs
- Permanent birth control devices that can pierce organs, lead to pelvic pain, abnormal blood loss and unwanted pregnancies
As the medical industry keeps coming up with new technologies, medical device recalls have increased exponentially. In the first three months 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 over 10 years Medicare had to spend at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of helping us. If a faulty medical device ended up worsening your condition, your Kennet, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
In February of this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to degrade sooner than anticipated and have caused incredible pain and lifelong damage to potentially as many as 150,000 people 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 are taking on more Exactech Knee Replacement cases to this day. You can view the complaint we filed for our first client by clicking the button below:
Defective Drug Lawyer in Kennet, MO
The Federal Drug Administration has firm protocols 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. That means that many medications reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Kennet, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Hundreds of thousands of prescriptions 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 a loved one received injuries because of reckless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by winning you compensation and holding negligent corporations accountable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.
Other examples of defective products we file suit for in Kennet, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Call Burger Law Now
Kennet, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Kennet, 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 Kennet and throughout Missouri get full 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 do not hesitate to 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 Kennet, MO family. We will stand 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 Kennet, MO today at (314) 500-HURT or contact us online to start on your journey to being made whole again.