Defective Products Lawyer in Kirkwood, MO.
Defective Products Lawyer in Kirkwood, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Kirkwood, MO immediately at or fill out our online form for a free case review.
Think of what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your car, sit by a computer or work around machines, and/or use your iPhone at various times during the day. You may go boating on your days off. You may even have a ankle replacement 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 an oversight in the chain of distribution and a product becomes dangerous, it can have a catastrophic effect on Kirkwood, MO individuals and families. When that happens to you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the full financial recovery you are owed.
In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have delivered our clients in Kirkwood and throughout Missouri more than $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Kirkwood, MO now at .
If you were hurt by a dangerous product in Kirkwood, MO, find out how much your claim may be worth by using our free personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Kirkwood, 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?
Kirkwood, MO Defective Products Statistics
The Consumer Product Safety Commission has found that faulty products result in over 29 million injuries and 21,000 fatalities each year.
According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme ruin an unsafe product can cause.
If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Kirkwood, MO for empathetic, devoted and skilled support and legal advocacy.
What is the Process for Defective Products Claims in Kirkwood, MO?
- The company was involved in the product's stream of commerce.
- The product was used in a way reasonably foreseen.
- Either or both of the following conditions:
- The product was in a faulty condition that was unreasonably hazardous when you bought the product and your injuries are a direct result of that defect, and/or
- Your injuries stemmed from a dangerous 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. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product may avoid liability 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 makes an affidavit under threat of perjury that their only involvement in the process was selling it.
- No other party in the case puts forward evidence that the vendor was involved in any other facet of the design and manufacturing process.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the aforementioned 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 design or manufacture of the product, were otherwise to blame for the fault or the manufacturer cannot reimburse you for the entirety 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 financial recovery you are owed.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be entirely understood before use by the public. This defense is only applicable to for failure to warn 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.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury lawsuits in Kirkwood, MO are decided by the conception of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Kirkwood, MO patients with a standard of care. When someone is negligent, for instance if are injured by a fatigued truck driver they might be held accountable for your damages and would have to pay you a financial recovery.
However, most product liability or hazardous products claims are strict liability claims, meaning that anyone in the chain of distribution is accountable for any damage that results 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 Kirkwood, 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 flaw in the design that afterwards passes the fault to all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
- 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 defective, 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 installing outdated components or leaving sharp edges on plastic or other materials.
- 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 innate risks. 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 risks. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is meant to incentivize corporations to implement thorough safety procedures for guaranteeing that their products will not put the people who use it at risk. Even so, too often companies are negligent and concentrate more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Kirkwood, MO will fight by your side and demand only the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Kirkwood, MO
Manufacturers, sellers and anyone else in the stream of commerce will often rely on the principle of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for those in the chain of distribution to argue that you share a portion of your injuries and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to get out their duty to pay you for the damage their product did to you. Your Kirkwood, 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 negligence if the following situations apply:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or seller is only has to make a product safe for ways that they can expect the public to use it. For example, while chairs are meant for sitting, standing on one to reach something is common. 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 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 the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly lower it but can considerably lower it. Say 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 knew of inherent hazards of the product while you were using it. This is often called as "Assumption of the risk," a theory in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You failed to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 are your fault because you had not obeyed proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you are ethically bound 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 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 employ numerous tricks to try and lower your claim, but your Kirkwood, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies will try everything to avoid paying you 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 our only fee is a moderate percentage of the financial recovery you collect, and you do not pay us anything until we win your case. Call Burger Law right away at for legal counsel that rivals and surpasses that of bullying manufacturers and distributors and insurance adjusters.
Defective Vehicle Parts Lawyer in Kirkwood, MO
Our defective products lawyer team sees in Kirkwood, 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, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common defective car components we see are:
- Fuel systems
- Electrical systems
- Door latches
Alternative vehicles like 4-wheelers 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 Kirkwood, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Kirkwood, MO has seen cause further injuries to patients include:
- Artificial joints that can result in infections, instability, pain or frequent dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
- 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 internal burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can puncture organs, cause pain in the pelvic region, excessive bleeding and unintended pregnancies
As the medical industry keeps coming up with new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the major cause.
In 2017, the U.S. Health and Human Services Department stated that over a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help relieve pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Kirkwood, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you collect a full financial recovery for all of the unnecessary 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 negligently packaged and shipped, causing them to degrade sooner than anticipated and have caused unimaginable pain and lifelong damage to potentially as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read our original complaint here:
Defective Drug Lawyer in Kirkwood, MO
The Federal Drug Administration has stringent protocols that pharmaceutical companies must adhere to 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 drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people who need medicine and treatments that truly help their condition. 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 Kirkwood, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Four thousand five hundred 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 a loved one had your condition worsen because of irresponsible pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations responsible. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.
Other common defective products we collect compensation for our clients for in Kirkwood, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Kirkwood, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Kirkwood, 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 have pledged our lives to seeing the injured in Kirkwood 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 expenses and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Kirkwood, 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 Kirkwood, MO now at or contact us online to start on the path to being made whole again.