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Defective Products Lawyer in Lee's Summit, MO.

Defective Products Lawyer in Lee's Summit, 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 Lee's Summit, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case review.

Imagine 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 vehicle, sit by a computer or work around heavy equipment, and/or use your cell phone at various times during the day. You may go 4-wheeling on the weekend. You may even have a prosthetic limb 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 buyer. When there is a mistake in the stream of commerce and a product becomes hazardous, it can have a devastating impact on on your life and lives of those you love in Lee's Summit, MO. When that happens to you, you need the accomplished and devoted legal representation of Burger Law's defective products lawyer team to stand by your side and win you the full financial recovery you are owed.

In our three decades of negotiation, litigation and trial experience, we have won our clients in Lee's Summit and throughout Missouri in excess of $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Lee's Summit, MO right away at (314) 500-HURT.

If you were injured by a defective product in Lee's Summit, MO, find out how much your claim may be worth by using our free personal injury calculator.



Chesterfield, MO

Chesterfield, MO

100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005

By appointment only

Phone: (314) 648-8348

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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Lee's Summit, MO:

How Common Are Defective Products in Lee's Summit, MO?

The Consumer Product Safety Commission estimates that defective products result in in excess of 29 million injuries and 21,000 fatalities annually.

According to 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 ruin an unsafe product can cause.

If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in Lee's Summit, MO for compassionate, devoted and talented support and legal representation.

What is the Process for Defective Products Claims in Lee's Summit, MO?

Pursuant to Missouri Revised Statute §537.760, you and your Lee's Summit, MO defective products lawyer can can hold a person or company responsible for your damages if three conditions are met:

  1. The corporation was part of the product's stream of commerce.
  2. You used the product in a manner logically anticipated.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or seller's and your injuries are a direct result of that defect, and/or
    2. 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 that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the claim if:

  • You discover who the manufacturer is, it has not closed their business and is able to reimburse you for all of your injuries.
  • The distributor signs an affidavit under threat of perjury that their only involvement in the process was selling it.
  • There is no evidence is submitted 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 those conditions are satisfied, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise responsible for the dangerous condition or the manufacturer is unable to pay for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense is only applicable to for failure to warn defective products lawsuits, and the burden of proof is on the defense.

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

The majority of personal injury lawsuits in Lee's Summit, MO are won or lost based on the concept of negligence. We all have a duty to each other's safety in certain situations; for example, doctors must treat their Lee's Summit, MO patients with a standard of care. When someone is negligent, for example if are injured by a fatigued truck driver they may be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or defective products claims come down to strict liability, 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 Lee's Summit, 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 you acquired it.

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 imperfection in the design that subsequently affects all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either only make one product dangerous, 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 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 Dangers That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused injury 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to incentivize corporations to implement exhaustive safety protocols for guaranteeing the safety of their products. However, too often corporations do not value our safety and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Lee's Summit, 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 Lee's Summit, MO

A common defense for manufacturers in a defective products lawsuit is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to posit that you are responsible for a portion of the fault and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt a defendant makes to avoid their duty to pay you for the harm they have caused. Your Lee's Summit, MO defective products lawyer at Burger Law will not let them get away with it. 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 vendor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, 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 use a loaded rifle 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 happening.
  • 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 diminish it but can significantly decrease 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 called as "Assumption of the risk," a concept in tort claims wherein, 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 modify a chainsaw or other tool to remove certain guards or safety measures. 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. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution 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 lessen the financial recovery you are owed. For example, you cannot seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because the manufacturer or seller can — and will — argue that you share part of the blame, that does not mean the claim is automatically true. Bullying corporations and insurance companies employ numerous deceitful tactics to try and lower your claim, but your Lee's Summit, 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 who have never had to make an injury claim before. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the compensation you receive, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law immediately at (314) 500-HURT for legal representation that parallels and surpasses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Lee's Summit, MO

Our defective products lawyer team sees in Lee's Summit, 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, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to collisions and fires, and fail to protect drivers and passengers from harm as intended. Common faulty motor vehicle components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wires
  • Wheels
  • Door latches
  • Headlights and taillights

Alternative vehicles like 4-wheelers can also cause harm, 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 Lee's Summit, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Lee's Summit, MO has seen be defective are:

  • Artificial hips, knees or other joints that can result in infections, limited mobility, chronic soreness or frequent dislocations
  • Cardiovascular devises, which can cause 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 they do not work properly, can result in punctured organs, infections and internal burns
  • Blood clot filters that permit dislodged blood clots to slip into the lungs
  • Permanent birth control devices that can pierce organs, result in pain in the pelvic region, excessive hemorrhaging and unintended pregnancies

As the medical industry becomes more high-tech, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, mostly due to defects in software.

In 2017, the U.S. Health and Human Services Department stated that in the course of a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a flawed medical device caused you damages, your Lee's Summit, 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, had to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused incredible pain and permanent damage to potentially as many as 150,000 people who were depending on the replacement joint to return their mobility. When Burger Law was contacted 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:

View Complaint

Defective Drug Lawyer in Lee's Summit, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey 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 shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations 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 Lee's Summit, MO to stand up to these bullying corporations and make them realize that their conduct is deplorable.

Four thousand five hundred prescriptions and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member sustained injuries because of irresponsible pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from their family too soon.

Other examples of dangerous products we file suit for in Lee's Summit, MO include:

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

Call Burger Law Now

Lee's Summit, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Lee's Summit, MO knows that being hurt by a dangerous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Lee's Summit 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 bills and lost wages, as well as the emotional and physical toll your injury has taken on you and your Lee's Summit, 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 Lee's Summit, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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