Defective Products Lawyer in Knob Noster, MO.
Defective Products Lawyer in Knob Noster, MO. If you or someone you care about sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Knob Noster, MO right away at or fill out our online form for a complimentary case review.
Picture what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around machines, and/or use your cell phone throughout the day. You may use lawnmowers on the weekend. You may even have a pacemaker 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 shelves. When there is an error in the chain of distribution and a product becomes defective, it can cause serious injuries to you and your Knob Noster, MO family. When that happens to you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand in your corner and secure you the maximum compensation you deserve.
In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have secured our clients in Knob Noster and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Knob Noster, MO now at .
If you were injured by a faulty product in Knob Noster, MO, find out the true value of your claim by filling out our free personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Knob Noster, 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?
Knob Noster, MO Defective Products Statistics
The Consumer Product Safety Commission states that defective products are responsible for over 29 million injuries and 21,000 fatalities every year.
According to data 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 extreme ruin an unsafe product can cause.
If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Knob Noster, MO for passionate, dedicated and skilled support and legal counsel.
How Defective Products Claims Work in Knob Noster, MO
- The defendant was part of the product's chain of distribution.
- You used the product in a way logically expected.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.
The "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can be dismissed from the case if:
- The manufacturer is known, still does business and is financially capable of paying you for all of your injuries.
- The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- No other party in the case comes forward with evidence that the vendor was involved in any other aspect of the chain of distribution.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If the above conditions are fulfilled, the distributor 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 design and manufacture of the product than they intimated, were otherwise to blame for the fault or the manufacturer is unable to pay for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every to-blame party is held responsible.
Missouri Revised Statute §537.764 provides one defense 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 inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury cases in Knob Noster, MO are won or lost based on the idea of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if are injured by a fatigued truck driver they may be found responsible for your damages and would have to pay you a financial recovery.
By contrast, most product liability or defective products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is responsible 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 Knob Noster, 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 flaw in the design that subsequently passes the flaw 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 mistakes in the manufacturing process. This can either affect only one product, 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 incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
- Insufficient Warnings and Instructions: 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 hazard that could arise from normal use of the product. 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. The company that makes a product generally does not have to warn against obvious risks. 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 comprehensive safety procedures for ensuring the safety of their products. Even so, too often companies do not value our safety 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 Knob Noster, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but complete compensation.
Comparative Negligence in Defective Productions Claims in Knob Noster, MO
An oft-used defense for manufacturers in a product liability lawsuit is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or seller to argue that you are liable for a portion of the fault and, therefore, they do not have to pay you 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 the accident, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a defendant makes to eschew their responsibility to pay you for the harm they have caused. Your Knob Noster, 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 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 gun 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 the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to entirely avoid liability but can considerably decrease it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car crash. A pharmaceutical company could reasonably see 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 referred to as "Assumption of the risk," a principle in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
- You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 did not follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution 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 are your fault because you had not followed recommended precautions.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 — work hard to persuade a jury that comparative fault applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies use a lot of dishonest ruses to try and devalue your claim, but your Knob Noster, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the compensation you collect, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law today at for legal advocacy that rivals and surpasses that of bullying corporations and insurance companies.
Defective Vehicle Parts Lawyer in Knob Noster, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Knob Noster, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common faulty car parts we see are:
- Fuel systems
- Electrical systems
- Headlights and taillights
Offroad vehicles like ATVs can also cause damage, 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 Knob Noster, 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 they are defective. Examples of medical devices that your Burger Law defective products lawyer in Knob Noster, 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 result in 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 cause punctured organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can puncture organs, result in pain in the pelvic region, abnormal bleeding and unplanned pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly because of issues with software.
In 2017, the U.S. Health and Human Services Department announced that throughout a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of easing it. If a flawed medical device caused you damages, your Knob Noster, 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 unnecessary pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients 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 view our original complaint by clicking the link below:
Defective Drug Lawyer in Knob Noster, MO
The Federal Drug Administration has stringent procedures that pharmaceutical companies must adhere to from manufacturing to delivery. 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 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 Knob Noster, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.
Four thousand five hundred medications and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about received injuries because of reckless pharmaceutical companies and corporations, call 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from this world too soon.
Other common dangerous products we see in Knob Noster, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Knob Noster, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Knob Noster, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we have devoted our careers to seeing the injured in Knob Noster and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. 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 toll your injury has inflicted on you and your Knob Noster, 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 Knob Noster, MO right away at or contact us online to take the first step toward true healing.