Defective Products Lawyer in Liberty, 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 Liberty, 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 on your bike, sit at in a chair or work around heavy equipment, and/or use your android at various times during the day. You may go boating on your days off. You may even have a prosthetic limb 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 shelves. When there is a mistake in that process and a product becomes dangerous, it can cause severe injuries to you and your Liberty, MO family. If tragedy struck you, you need the expert and committed legal services of Burger Law’s defective products lawyer team to stand by your side and secure you the full financial recovery you are owed.

In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Liberty and beyond more than $170 million. Talking to us is free, so there’s no reason to wait. Call a defective products lawyer in Liberty, MO right away at (314) 500-HURT.

If you were harmed by a dangerous product in Liberty, MO, see the true value of your claim by utilizing our free personal injury calculator.

The following 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 hazardous products cause over 29 million injuries and 21,000 deaths each year.

Based on statistics 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 unbelievable destruction that can be caused when manufacturers and vendors do not follow adequate safety protocols.

If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Liberty, MO for understanding, committed and knowledgeable support and legal representation.

How Defective Products Claims Work in Liberty, MO

Under Missouri Revised Statute §537.760, you and your Liberty, MO defective products lawyer can file a “strict liability” suit if three conditions are true:

1. The company was part of the product’s design, manufacture, distribution and sale.
2. The product was used in a manner easily expected.
3. Either or both of the following conditions:
   1. The product had a faulty condition that was unreasonably dangerous when you bought the product and your injuries are a direct result of that defect, and/or
   2. You were injured because there was a dangerous 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 purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can avoid liability if:

• The manufacturer is known, has not closed their business and can afford to reimburse you for all of your damages.
• The distributor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
• No other party in the case presents evidence that the distributor took part in any other part of the chain of distribution.
• The dismissal is requested to the court within 60 days.

If those conditions are satisfied, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they had a larger role in the engineering of the product than they implied, were otherwise liable for the hazardous condition or the manufacturer is unable to pay 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 accountable.

Missouri Revised Statute §537.764 provides one defense for “state of the art products,” where a dangerous condition could not be completely understood before use by the public. This defense is only valid for failure to warn defective products cases, 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 suits in Liberty, MO are decided by the notion 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 are injured by a fatigued truck driver they can be held liable for your damages and would owe you a financial recovery.

However, most product liability or dangerous products claims come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is to blame 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 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 it came into your possession.

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 afterwards affects all products with the same design. An example is an improperly designed safeguard on a power tool.
2. 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, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be installing outdated components or using the wrong kind of screws or bolts.
3. Failure to Warn of Known Risks 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 dangers. Examples include a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product typically does not have to warn against obvious risks. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement exhaustive safety protocols for ensuring that their products will not pose a danger to the public. However, too often corporations do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Liberty, MO will fight by your side and demand nothing but a full financial recovery.

Comparative Negligence in Defective Productions Claims in Liberty, MO

Manufacturers, distributors 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 permits for the defendants to argue that you share a portion of your damages and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 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 get out their responsibility to pay you for the damage their product did to you. Your Liberty, 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 manner the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. 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 shotgun 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 manner that was clearly against the manufacturer’s intent. With this defense, Someone in the chain of distribution will not be able to completely avoid fault but can significantly decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto wreck. 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 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 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 failed to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 would have been avoided had you obeyed proper protocols.
• You failed to mitigate your damages. In any personal injury claim, you are expected 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 manufacturer or seller can — and will — try to convince the court that comparative fault applies to your injuries, that does not mean the claim is automatically true. Large corporations and insurance companies implement a variety of dishonest ruses to try and lower your claim, but your Liberty, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense 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 are awarded, and you do not pay us anything until we win your case. Get in touch with Burger Law today at (314) 500-HURT for legal representation that rivals and eclipses that of resistant manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Liberty, MO

Our defective products lawyer team sees in Liberty, MO sees more defective vehicles than any other product, both because of how many people use them 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 result in accident and fires, and fail to protect occupants from harm as intended. Common faulty motor vehicle parts we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical systems
• Tires
• Seats
• Headlights and taillights

Offroad vehicles like 4-wheelers can also cause harm, 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

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 they are defective. Common medical devices that your Burger Law defective products lawyer in Liberty, MO has seen be defective include:

• Artificial hips, knees or other joints that can cause infections, limited mobility, pain or repeated dislocations
• Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
• Robotic surgical assistants intended to operate on hard to reach areas which, when they do not work properly, can result in punctured organs, infections and electrical burns
• Blood clot filters that permit dislodged blood clots to travel up to the lungs
• Permanent birth control devices that can perforate organs, result in pain in the pelvic region, excessive hemorrhaging and unwanted pregnancies

As the medical industry keeps inventing more and more advanced technologies, the numbers of recalls issued for medical devices has gone up exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, mostly owing to problems with software.

In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of easing it. If a flawed medical device ended up aggravating 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, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements degrade sooner than anticipated 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 got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can view our original complaint by clicking the button below:

Defective Drug Lawyer in Liberty, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must obey from manufacturing to sale. 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. 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 corporations 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 to these bullying corporations and let them know that their behavior is deplorable.

Four thousand five hundred drugs and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or a family member received injuries because of reckless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer immediately. 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 responsible when their actions have taken someone from this world too soon.

Other examples of dangerous products we see in Liberty, MO include:

• Children’s toys
• Chemicals such as week killer
• Baby powder
• Household appliances
• Industrial machinery
• 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 when manufacturers and vendors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have committed our lives to seeing the injured in Liberty 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 do not hesitate to start working on getting you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has taken 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 now at (314) 500-HURT or contact us online to take the first step toward true healing.