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Defective Products Lawyer in Kirksville, MO.

Defective Products Lawyer in Kirksville, MO. If you or someone you care about was hurt by a dangerous product, call a Burger law defective products lawyer in Kirksville, MO today at (314) 500-HURT or fill out our online form for a free case review.

Imagine what your daily like looks like: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit by a computer or work around heavy machinery, and/or use your android on and off throughout the day. You may go boating on your days off. You may even have a knee replacement 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 buyer. When there is an error in the stream of commerce and a product becomes hazardous, it can have a devastating effect on on your life and lives of those you love in Kirksville, MO. If tragedy struck you, you need the knowledgeable and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and secure you the great financial recovery you deserve.

In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Kirksville and throughout Missouri over $170 million. Our initial case reviews 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 Kirksville, MO today at (314) 500-HURT.

If you were harmed by a faulty product in Kirksville, MO, find out how much your claim may be worth by filling out our complimentary personal injury calculator.



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

How Common Are Defective Products in Kirksville, MO?

The Consumer Product Safety Commission has found that faulty products result in in excess of 29 million injuries and 21,000 deaths each year.

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 speaks to the unbelievable devastation an unsafe product can cause.

If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Kirksville, MO for understanding, devoted and talented support and legal counsel.

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

Pursuant to Missouri Revised Statute §537.760, you and your Kirksville, MO defective products lawyer can make a "strict liability" claim if three conditions are met:

  1. The person was involved in the product's chain of distribution.
  2. You used the product in a way rationally anticipated.
  3. One or both of the following:
    1. The product had a faulty condition that was unreasonably hazardous when it left the manufacturer's or distributor's and your injuries are a direct result of that defect, and/or
    2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to purchase, including the person or entity you bought the product from. Under 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 suit if:

  • The manufacturer is known, has not closed their business and is financially capable of paying you for the entirety of your injuries.
  • The entity that sold it signs an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case submits evidence that the seller was involved in any other part of the stream of commerce.
  • The dismissal is requested to the court within 60 days.

If the above conditions are satisfied, the vendor 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 design or manufacture of the product, were otherwise responsible for the fault or the manufacturer is unable to compensate you for all of the economic, physical and emotional loss you sustained, 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 are owed.

Missouri Revised Statute §537.764 has an exception 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 claims, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

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

The majority of personal injury cases in Kirksville, MO depend on the notion of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Kirksville, MO patients with a standard of care. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they can be held responsible for your damages and would have to pay you compensation.

However, most product liability or dangerous products cases are strict liability claims, meaning that a designer, manufacturer or vendor is to blame for any injuries 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 Kirksville, 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:

  1. 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 an electric razor or hairdryer that can cause electric shocks.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous 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 hazardous chemicals. An example could be bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger that could arise from normal use of the product. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer 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 intended to encourage corporations to implement thorough safety procedures for verifying the safety of their products. However, too often companies are negligent and try to focus more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Kirksville, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but full compensation.

Comparative Negligence in Defective Productions Claims in Kirksville, MO

An oft-used defense for manufacturers in a defective products lawsuit is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to posit that you are responsible for a portion of your damages and, therefore, they are not liable for the full extent of your damages. 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 chain of distribution makes to eschew their obligation to reimburse you for the damage their product did to you. Your Kirksville, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances 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 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. On the other hand, if you are injured playing catch with a power tool or other sharp object, 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 way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to totally avoid fault but can considerably diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle accident. 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 wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
  • 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 harmed doing such a thing.
  • You neglected 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 were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you 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 financial recovery 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 defense can — and will — assert that comparative negligence applies to your claim, that does not mean the claim is automatically true. Large corporations and insurance companies employ numerous deceitful tactics to try and devalue your claim, but your Kirksville, 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 unfamiliar with Missouri laws. 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 you owe us nothing until we win your case. Reach out to Burger Law immediately at (314) 500-HURT for legal advocacy that matches and exceeds that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Kirksville, MO

Our defective products lawyer team sees in Kirksville, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in collisions and fires, and fail to protect drivers and passengers from harm as intended. Common faulty car components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Steering systems
  • Accelerators

Alternative vehicles like 4-wheelers can also cause injuries, for instance many of them are prone 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 Kirksville, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Kirksville, MO has seen be defective include:

  • Artificial joints that can result in infections, limited mobility, pain or recurring dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to punctured organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control implements that can puncture organs, lead to pelvic pain, excessive hemorrhaging and unwanted pregnancies

As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has increased exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly as a result of issues with software.

In 2017, the U.S. Health and Human Services Department found that throughout 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up aggravating your condition, your Kirksville, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused unthinkable pain and lifelong 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 our original complaint here:

View Complaint

Defective Drug Lawyer in Kirksville, MO

The Federal Drug Administration has stringent 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. With no absolute independent testing many prescriptions 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, 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 Kirksville, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Hundreds of thousands of medications and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you love sustained injuries because of reckless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other common dangerous products we collect compensation for our clients for in Kirksville, MO include:

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

Call Burger Law Now

Kirksville, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Kirksville, MO knows that being harmed 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 vulnerable in Kirksville and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we immediately start working on wining you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical hardships your injury has taken on you and your Kirksville, 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 Kirksville, MO immediately at (314) 500-HURT or contact us online to start on your journey to true healing.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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