Defective Products Lawyer in Lake Ozark, MO.
Defective Products Lawyer in Lake Ozark, MO. If you or a loved one was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Lake Ozark, 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 allergy medication, go to school or work in your vehicle, sit by a computer or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may go 4-wheeling on your days off. You may even have a pacemaker or other medical implant. 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 a mistake in that process and a product becomes dangerous, it can have a disastrous impact on Lake Ozark, MO individuals and families. If tragedy struck you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the great financial recovery you deserve.
In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have gotten our clients in Lake Ozark and beyond more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Lake Ozark, MO now at .
If you were hurt by a dangerous product in Lake Ozark, MO, discover the true value of your claim by utilizing our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Lake Ozark, 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 Lake Ozark, MO?
The Consumer Product Safety Commission states that hazardous products are responsible for over 29 million injuries and 21,000 fatalities every year.
According to statistics from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable harm that can be caused when manufacturers and vendors do not obey the rules.
If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Lake Ozark, MO for compassionate, devoted and talented support and legal representation.
What is the Process for Defective Products Claims in Lake Ozark, MO?
- The company was part of the product's chain of distribution.
- You used the product in a way reasonably anticipated.
- Either or both of the following conditions:
- The product was in a faulty condition that was unreasonably dangerous when the product was sold that was the proximate cause of your injuries, and/or
- You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.
The "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the suit if:
- The manufacturer is known, still exists and can afford to reimburse you for all of your damages.
- The seller makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
- There is no evidence is submitted to the court that the vendor was involved in any other part of the stream of commerce.
- The dismissal is requested to the judge no later than 60 days after the complaint is filed.
If those conditions are satisfied, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise responsible for the defect or the manufacturer cannot compensate you for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great financial recovery you deserve.
Missouri Revised Statute §537.764 provides one defense 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 applicable to for failure to warn defective products claims, and the burden of proof is on the defense.
Negligence vs. Strict Liability in Defective Products Cases
The majority of personal injury cases in Lake Ozark, MO are determined by the conception 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 example if sustain an injury because you were hit by a distracted driver they might be found responsible for your damages and would have to pay you a financial recovery.
However, most product liability or dangerous products cases come down to strict liability, meaning that anyone in the chain of distribution is to blame for any damage 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 Lake Ozark, 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 came into your possession.
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 imperfection in the design that afterwards affects all of that product model that go on to be manufactured. An example is an improperly designed safeguard on a power tool.
- 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 a tainted batch of something intended for drinking containing a poisonous substance.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This refers to a product that was designed and manufactured 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product generally does not have to warn against obvious risks. For instance, they do not have to warn you that a match could start a fire.
Strict liability is intended to encourage corporations to implement exhaustive safety protocols for ensuring 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 hurt anyone. In those cases, your Burger Law defective products lawyer in Lake Ozark, MO will fight by your side and insist on nothing but the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Lake Ozark, MO
Manufacturers, sellers and anyone else in the stream of commerce will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for those in the chain of distribution to put forth the argument that you share 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 responsible for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt an entity involved in the chain of distribution makes to avoid their responsibility to pay you for the damage their product did to you. Your Lake Ozark, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:
- You did not use the product in a way 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, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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 be expected to foresee that use of the product.
- You used the product in a manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to entirely avoid fault but can considerably diminish it. Suppose 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 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 concept in tort claims whereby, 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You did not take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not followed proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you have a duty to try to lessen the amount of compensation you are owed. 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 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. Powerful corporations and insurance companies implement numerous tricks to try and minimize your claim, but your Lake Ozark, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies 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 immediately at for legal advocacy that rivals and surpasses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Lake Ozark, MO
Our defective products lawyer team sees in Lake Ozark, 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 individual cars and vehicle components were recalled in the United States. Defective car parts can result in collisions and fires, and lead to further injuries when the safety components to not function as they should. Common defective car parts we see are:
- Electrical wires
Alternative vehicles like ATVs can also cause damage, 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 Lake Ozark, MO
Medical devices are meant to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Lake Ozark, MO has seen be defective are:
- Artificial joints that can cause infections, limited mobility, chronic soreness or frequent dislocations
- Pacemakers, which can lead to infections or even wrongful death when they do not last as long as expected
- Surgical robots intended to operate on hard to reach areas which, when they do not work properly, 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 pierce organs, lead to pain in the pelvic region, abnormal blood loss and unintended pregnancies
As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly owing to problems with software.
In 2017, the U.S. Health and Human Services Department reported that throughout a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 defective 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 flawed medical device caused you damages, your Lake Ozark, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 people who had received the replacement joint. When Burger Law was retained by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:
Defective Drug Lawyer in Lake Ozark, MO
The Federal Drug Administration has firm procedures that pharmaceutical companies must obey from manufacturing to delivery. 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 prescriptions reach the market 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 truly help their condition. 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 Lake Ozark, 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 annually, and that is often after many people have already turned to them for treatment and relief. If you or a family member had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer now. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage they have caused. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.
Other common defective products we see in Lake Ozark, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Lake Ozark, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Lake Ozark, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we have pledged our careers to seeing the injured in Lake Ozark 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 costs and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Lake Ozark, 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 Lake Ozark, MO right away at or contact us online to take the first step toward a true recovery.