Defective Products Lawyer in Marceline, MO.
Defective Products Lawyer in Marceline, MO. If you or someone you care about was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Marceline, MO immediately at 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 technology, and/or use your cell phone throughout the day. You may use lawnmowers on the weekend. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of product that had to be designed, produced, shipped and purchased. When there is a breakdown in the chain of distribution and a product becomes defective, it can have a disastrous impact on on your life and lives of those you love in Marceline, MO. When that happens to you, you need the accomplished and devoted legal representation of Burger Law's defective products lawyer team to fight on your behalf and win you the full compensation you are owed.
In our 30 years of negotiation, litigation and trial experience, we have delivered our clients in Marceline and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Marceline, MO now at .
If you were injured by a faulty product in Marceline, MO, discover the true value of your claim by utilizing our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Marceline, 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 Marceline, MO?
The Consumer Product Safety Commission estimates that hazardous products cause in excess of 29 million injuries and 21,000 fatalities each year.
According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the incredible ruin that can be caused when manufacturers and distributors do not follow proper safety measures.
If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in Marceline, MO for understanding, dedicated and talented support and legal counsel.
What is the Process for Defective Products Claims in Marceline, MO?
- The corporation was part of the product's stream of commerce.
- You used the product in a manner rationally foreseen.
- Either or both of the following conditions:
- The product had a faulty condition that was unreasonably hazardous when you bought the product that caused you direct harm, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.
The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can 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 vendor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- No other party in the case comes forward with evidence that the distributor was involved in any other part of the design and manufacturing process.
- The dismissal is requested to the court within 60 days.
If those conditions are met, 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 demonstrates that they were actually involved in the design or manufacture of the product, were otherwise at fault for the hazardous condition or the manufacturer cannot reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held accountable.
Missouri Revised Statute §537.764 mentions a caveat 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 was introduced to the public. This defense is only valid 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?
Most personal injury claims in Marceline, MO depend on the conception of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone fails in that duty, for instance if if there a loose floor boards at a restaurant that cause you to fall they can be found liable for your damages and would have to pay you a financial recovery.
By contrast, most product liability or hazardous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is liable for any damage 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 Marceline, 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 innate imperfection in the design that afterwards passes the flaw to all products with the same design. An example is an electrical appliance that can overheat and cause fires.
- 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, 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 leaving sharp edges on plastic or other materials.
- 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 injury because it did not give adequate instructions or warnings about inherent dangers. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to encourage corporations to implement thorough safety protocols for ensuring the safety of their products. 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 injure anyone. When that happens, your Burger Law defective products lawyer in Marceline, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but the best possible compensation.
Comparative Negligence in Defective Productions Claims in Marceline, MO
Manufacturers, distributors and anyone else in the chain of distribution will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the defendants to posit 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 the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to eschew their obligation to reimburse you for the damage their product did to you. Your Marceline, MO defective products lawyer at Burger Law will not let them get away with it. Under the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are present in your case:
- 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, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. On the other hand, 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 use of the product.
- You used the product in a manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to completely avoid liability but can considerably reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car collision. 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 principle in tort claims wherein, 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 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 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 adhered to proper protocols.
- You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound 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 — try to convince the court that comparative negligence applies to your lawsuit, that does not mean the claim is automatically true. Large corporations and insurance companies employ numerous deceitful tactics to try and devalue your claim, but your Marceline, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you 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 collect a moderate percentage of the financial recovery you collect, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law now at for legal representation that parallels and exceeds that of resistant manufacturers and sellers and insurance adjusters.
Defective Vehicle Parts Lawyer in Marceline, MO
Our defective products lawyer team sees in Marceline, 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 crashes and fires, and lead to further injuries when the safety components to not function as they should. Common faulty automobile components we see are:
- Fuel systems
- Windshield wipers
- Door latches
Alternative vehicles like 4-wheelers can also cause injuries, 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 Marceline, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Marceline, MO has seen be defective are:
- Artificial joints that can cause infections, limited mobility, chronic soreness or frequent dislocations
- Pacemakers, 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 malfunction, can cause pierced organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control implements that can perforate organs, cause pelvic pain, abnormal bleeding and unintended pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the major cause.
In 2017, the U.S. Health and Human Services Department reported that throughout a decade Medicare paid out at least $1.5 billion to replace over 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 easing it. If a faulty medical device ended up worsening your condition, your Marceline, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused incredible pain and lifelong damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read our original complaint by clicking the button below:
Defective Drug Lawyer in Marceline, MO
The Federal Drug Administration has firm protocols that pharmaceutical companies must adhere to 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 medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than the safety of the people they are supposed to be helping. 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 Marceline, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.
Four thousand five hundred prescriptions and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love received injuries because of careless pharmaceutical companies and corporations, 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 negligence has taken someone from this world too soon.
Other common dangerous products we see in Marceline, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Marceline, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Marceline, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your life. That is why we strive to see the vulnerable in Marceline and throughout Missouri collect maximum compensation 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 bills and lost wages, as well as the mental and physical toll your injury has taken on you and your Marceline, 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 Marceline, MO now at or contact us online to start on the path to a true recovery.