Defective Products Lawyer in Lexington, MO.
Defective Products Lawyer in Lexington, MO. If you or a loved one was harmed by a dangerous product, call a Burger law defective products lawyer in Lexington, MO now at or fill out our online form for a free case review.
Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around technology, and/or use your android at various times during 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 technology that has gone through various stages of design and production before it reaches the market. When there is an error in the stream of commerce and a product becomes defective, it can cause severe injuries to you and your Lexington, MO family. If tragedy struck you, you need the expert and committed legal representation of Burger Law's defective products lawyer team to stand by your side and win you the great compensation you are owed.
In our three decades of negotiation, litigation and trial experience, we have secured our clients in Lexington and beyond over $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 Lexington, MO immediately at .
If you were injured by a faulty product in Lexington, MO, see the true value of your case by utilizing our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Lexington, 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 Lexington, MO?
The Consumer Product Safety Commission estimates that hazardous products cause more than 29 million injuries and 21,000 deaths annually.
Based on facts 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 shows the incredible devastation that can be caused when manufacturers and vendors do not follow proper safety measures.
If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Lexington, MO for passionate, devoted and experienced support and legal representation.
What is the Process for Defective Products Claims in Lexington, MO?
- The corporation was involved in the product's chain of distribution.
- The product was used in a manner easily anticipated.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably dangerous when you bought the product that was the proximate cause of your injuries, and/or
- 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 involved in the product from initial conception to sale, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:
- You discover who the manufacturer is, it has not closed their business and is able to compensate you for the entirety of your damages.
- The distributor makes an affidavit under oath that their only involvement in the stream of commerce was selling it.
- There is no evidence is submitted to the court that the vendor took part in any other part of the stream of commerce.
- The motion to dismiss is filed within 60 days.
If those conditions are satisfied, the distributor 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 engineering of the product, were otherwise liable for the hazardous condition or the manufacturer cannot reimburse 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 deserve.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only applicable to for failure to warn defective products claims, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.
The Difference Between Strict Liability and Negligence in Defective Products Cases
The majority of personal injury cases in Lexington, MO are won or lost based on the concept of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, doctors must treat their Lexington, MO patients with a standard of care. When someone is negligent, for instance if are injured by a fatigued truck driver they may be held liable for your damages and would have to pay you compensation.
By contrast, most product liability or dangerous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is at fault 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 Lexington, 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 defect to all products with the same design. 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 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.
- Insufficient Warnings and Instructions: This refers to a product made it through design and production safely but caused injury because it did not give adequate instructions or warnings about inherent dangers. 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 risks 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 incentivize corporations to implement thorough safety procedures for ensuring that their products will not put the people who use it at risk. However, too often corporations do not respect their obligation to make safe products and try to focus more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Lexington, MO will hold them accountable by conducting a full investigation of your case and insisting on only complete compensation.
Comparative Negligence in Defective Productions Claims in Lexington, MO
Manufacturers, vendors and anyone else in the stream of commerce will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to put forth the defense 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 to blame for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Lexington, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may argue you bear 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 manner the manufacturer could foresee. A manufacturer or seller is only has to make a product safe for ways that they can expect a consumer 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. 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 manner that was clearly against the manufacturer's intent. 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 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 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 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 labeling can often protect someone in the chain of distribution from liability. 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 would have been avoided had you obeyed proper protocols.
- You did not mitigate your damages. In any personal injury claim, you have a duty to try to keep your damages as low as you reasonable can. 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 manufacturer or vendor can — and will — argue that comparative fault applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ a lot of deceitful tactics to try and devalue your claim, but your Lexington, 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 have never had to file a lawsuit before. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you receive, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law now at for legal advocacy that rivals and surpasses that of bullying manufacturers and sellers and insurance adjusters.
Defective Vehicle Parts Lawyer in Lexington, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Lexington, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to accident and fires, and fail to protect drivers and passengers from harm as intended. Common defective car parts we see are:
- Fuel systems
- Windshield wipers
- Steering systems
Offroad vehicles like ATVs can also cause damage, for instance if a design defect gives them a heightened propensity 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 Lexington, 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 make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Lexington, MO has seen be defective include:
- Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or repeated dislocations
- Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
- Surgical robots intended to operate on hard to reach areas which, when faulty, can result in pierced 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, result in pain in the pelvic region, abnormal bleeding and unwanted pregnancies
As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, mostly due to issues with software.
In 2017, the U.S. Health and Human Services Department found that over the span of 10 years Medicare had to spend at least $1.5 billion to replace over 73,000 flawed heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a defective medical device caused you damages, your Lexington, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly 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 potentially as many as 150,000 people who had the replacement joint implanted. 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 link below:
Defective Drug Lawyer in Lexington, MO
The Federal Drug Administration has stringent protocols 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 market. With no absolute third-party testing many drugs reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Lexington, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.
Four thousand five hundred prescriptions and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about had your condition worsen because of reckless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by winning you compensation and holding negligent corporations responsible. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.
Other examples of dangerous products we see in Lexington, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Lexington, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Lexington, 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 have dedicated our careers to seeing the vulnerable in Lexington 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, in addition to the mental and physical toll your injury has inflicted on you and your Lexington, MO family. We will fight 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 Lexington, MO immediately at or contact us online to take the first step toward true healing.