have you been injured by a dangerous product in Missouri? Call Burger Law now. Defective Products Lawyer in Liberty, MO. Defective Products Lawyer in Liberty, MO. If you or someone you care about was hurt by a dangerous product, call a Burger law defective products lawyer in Liberty, MO today at (314) 500-HURT or fill out our online form for a free consultation. Imagine 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 cell phone on and off throughout the day. You may go boating on the weekend. You may even have a joint 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 buyer. When there is a breakdown in that process and a product becomes defective, it can cause serious injuries to you and your Liberty, MO family. If tragedy struck you, you need the experienced and committed legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the best possible financial recovery you deserve. In our 70 years of combined negotiation, litigation and trial experience, we have delivered our clients in Liberty and throughout Missouri more than $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Liberty, MO today at (314) 500-HURT. If you were injured by a faulty product in Liberty, MO, learn how much your claim may be worth by utilizing our complimentary personal injury calculator. Chesterfield, MOChesterfield, MO100 Chesterfield Business PkwySuites 200-222Chesterfield, MO 63005By appointment onlyPhone: (314) 648-8348View Location Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Liberty, MO: FDA Recall List and Safety Alerts Consumer Products Safety Commission Recall List U.S. Department of Transportation Motor Vehicle Recall List Recalls.Gov 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? Liberty, MO Defective Products Statistics The Consumer Product Safety Commission states that faulty products account for more than 29 million injuries and 21,000 deaths every year. Based on 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 shows the incredible destruction that can be caused when manufacturers and vendors do not obey the rules. If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Liberty, MO for passionate, devoted and expert support and legal representation. What is the Process for Defective Products Claims in Liberty, MO? Pursuant to Missouri Revised Statute §537.760, you and your Liberty, MO defective products lawyer can make a "strict liability" claim if three factors are true: The corporation was involved in the product's design, manufacture, distribution and sale. 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 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 that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including the person or entity you bought the product from. Pursuant 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 may avoid liability if: You discover who the manufacturer is, it has not closed their business and is financially capable of reimbursing you for the entirety of your injuries. The distributor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it. There is no evidence is submitted to the court that the distributor took part in any other facet of the stream of commerce. The motion to dismiss is filed within 60 days. If those conditions are met, 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 production of the product than they led on, were otherwise at fault for the fault or the manufacturer is unable to compensate 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 that every to-blame party is held responsible. 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 consumer. This defense will only work for for inadequate warning product liability claims, and the burden of proof is on the defense. Have You Been Injured from a Dangerous Product?Have You Been Injured from a Dangerous Product?Click to view videoWhat Do I Have to Prove to Win A Defective Product Liability Lawsuit?What Do I Have to Prove to Win A Defective Product Liability Lawsuit?Click to view videoCloseClose Strict Liability and Negligence in Defective Products Claims: What's the Difference? Most personal injury lawsuits in Liberty, MO are decided by the concept of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, Liberty, MO dog owners must always have control of their dog. When someone is negligent, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found liable for your damages and would have to pay you a financial recovery. By contrast, most product liability or hazardous products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is liable for any injuries that results 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 Liberty, 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: Design Defect: A design defect is an inherent imperfection in the design that subsequently affects all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure in the manufacturing process. This can either only make one product faulty, 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 instead 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 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 typically 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 meant to incentivize corporations to implement comprehensive safety procedures for verifying that their products will not pose a danger to the public. Even so, too often companies are negligent and spend more energy on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Liberty, 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 Liberty, MO An oft-used defense for manufacturers in a product liability case is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for those in the chain of distribution to posit that you are responsible for a portion of your damages and, therefore, they are not obligated to reimburse you for 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 your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt an entity involved in the stream of commerce makes to avoid their obligation to pay you for the damage their product did to you. Your Liberty, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative negligence if the following situations apply: You did not use the product in a manner 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 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. By contrast, if you put wheels on a chair and are injured racing it down the street, you likely do not have a claim because the manufacture would not reasonably foresee that happening. You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can considerably lower 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 referred to as "Assumption of the risk," a concept in tort claims whereby, 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 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 say that any reasonable person would have known that they could be seriously hurt doing such a thing. 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 would have been avoided had you followed proper protocols. You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to lessen the financial recovery 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 — assert that comparative negligence applies to your injuries, that does not mean they will be successful. Bullying corporations and insurance companies employ myriad tricks to try and lower your claim, but your Liberty, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense and try to take advantage of people who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you receive, and you owe us nothing until we win your case. Get in touch with Burger Law right away at (314) 500-HURT for legal advocacy that matches and surpasses that of resistant corporations and insurance companies. Defective Vehicle Parts Lawyer in Liberty, MO Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Liberty, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause accident and fires, and lead to further injuries when the safety components to not function as they should. Common defective motor vehicle parts we see are: Brakes Airbags Ignitions Windshield wipers Tires Steering systems Accelerators Alternative vehicles like 4-wheelers 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 Liberty, MO We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Liberty, MO has seen be defective are: Artificial joints that can cause infections, instability, chronic soreness or repeated dislocations Pacemakers, which can cause infections or even wrongful death because of premature failures Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can lead to perforated organs, infections and internal burns Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots Permanent birth control devices that can perforate organs, cause pelvic pain, abnormal hemorrhaging and unplanned pregnancies As the medical industry keeps inventing more and more advanced technologies, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the leading factor. In 2017, the U.S. Health and Human Services Department reported that in the course of 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 faulty cardiovascular devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Liberty, 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. Because of mistakes in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused incredible pain and lifelong 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 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 our original complaint by clicking the button below: View Complaint Defective Drug Lawyer in Liberty, MO The Federal Drug Administration has firm procedures 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. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Liberty, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable. Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or a family member sustained injuries because of reckless pharmaceutical companies and corporations, contact 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 they have caused. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from this world too soon. Other examples of dangerous products we file suit for in Liberty, MO include: Children's toys Chemicals such as cleaning products Baby powder Household appliances Industrial equipment Cell phone batteries Cosmetic products Call Burger Law Now Liberty, MO Defective Products Lawyer | Burger Law Every Burger Law defective products lawyer in Liberty, MO knows that being harmed by a dangerous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Liberty and throughout Missouri collect maximum compensation 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 delivering you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Liberty, 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 Liberty, MO right away at (314) 500-HURT or contact us online to start on the path to a true recovery.