Defective Products Lawyer in Marshall, MO.
Defective Products Lawyer in Marshall, MO. If you or a family member was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Marshall, MO immediately at or fill out our online form for a complimentary case evaluation.
Think of your daily routine: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around heavy equipment, and/or use your cell phone throughout the day. You may go 4-wheeling 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 technology that has gone through various stages of design and production before it reaches the market. When there is an oversight in that process and a product becomes defective, it can cause serious harm to you and your Marshall, MO family. When that happens to you, you need the expert and committed legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the maximum 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 secured our clients in Marshall and throughout Missouri over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Marshall, MO right away at .
If you were injured by a dangerous product in Marshall, MO, find out the true value of your claim by using our complimentary personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Marshall, 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?
Marshall, MO Defective Products Statistics
The Consumer Product Safety Commission states that dangerous products result in over 29 million injuries and 21,000 deaths annually.
Based on data 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 extreme harm an unsafe product can cause.
If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Marshall, MO for compassionate, devoted and knowledgeable support and legal counsel.
How Defective Products Claims Work in Marshall, MO
Pursuant to Missouri Revised Statute §537.760, you and your Marshall, MO defective products lawyer can can hold a person or company to blame for your damages if three conditions are true:
- The company was involved in the product's chain of distribution.
- The product was used in a manner easily expected.
- One or both of the following:
- The product had a faulty condition that was unreasonably dangerous when it left the manufacturer's or distributor's that was the proximate cause of your injuries, and/or
- 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 going to the market, from initial conception to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it may be dismissed from the claim if:
- You discover who the manufacturer is, it still does business and is able to reimburse you for the entirety of your damages.
- The entity that sold it signs 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 was involved in any other part of the design and manufacturing process.
- The dismissal is requested to the judge no later than 60 days after the complaint is filed.
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 shows that they had a larger role in the engineering of the product than they led on, were otherwise to blame for the fault or the manufacturer is unable to 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 that every to-blame party is held accountable.
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 valid 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 dangerous condition.
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury suits in Marshall, MO are determined by the conception of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if are injured by a fatigued truck driver they can be found responsible for your damages and would owe you a financial recovery.
However, most product liability or hazardous products claims are strict liability claims, meaning that anyone in the chain of distribution is liable for any damage 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 Marshall, 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:
- Design Defect: A design defect is an innate flaw 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 dangerous because of a failure 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.
- 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 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 generally 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 meant to hold corporations accountable and persuade them to implement exhaustive safety procedures for verifying that their products will not pose a danger to the public. However, too often companies do not value our safety and spend more energy on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Marshall, MO will fight on your behalf and insist on only a full financial recovery.
Comparative Negligence in Defective Productions Claims in Marshall, MO
Manufacturers, vendors and anyone else in the chain of distribution 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 posit that you are liable for a portion of the fault and, therefore, they are not liable for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to eschew their duty to reimburse you for the damage their product did to you. Your Marshall, MO defective products lawyer at Burger Law sees through that. Pursuant to 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 has to make a product safe for ways that they can expect a consumer to use it. 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. On the other hand, 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 reasonably foresee that happening.
- You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid fault but can significantly decrease it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car crash. 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 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 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 neglected to 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 followed proper protocols.
- You did not 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 people in the stream of commerce can — and will — argue that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use myriad deceitful tactics to try and devalue your claim, but your Marshall, MO defective products lawyer at Burger Law knows how to combat them. 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 works on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law right away at for legal advocacy that parallels and surpasses that of resistant corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Marshall, MO
Our defective products lawyer team sees in Marshall, 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, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous car components we see are:
- Windshield wipers
- Steering systems
- Engine cooling fan blades
Offroad vehicles like ATVs 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 Marshall, 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 not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Marshall, MO has seen cause further injuries to patients include:
- Artificial joints that can lead to infections, instability, pain or frequent dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
- Surgical robots intended to operate on hard to reach areas which, when defective, can lead to pierced organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can pierce organs, lead to pain in the pelvic region, abnormal bleeding and unintended pregnancies
As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly as a result of defects in software.
In 2017, the U.S. Health and Human Services Department stated that over the span of a decade Medicare paid out at least $1.5 billion to replace over 73,000 faulty heart devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a defective medical device caused you injuries, your Marshall, 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, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused incredible pain and permanent damage to possibly as many as 150,000 people who were depending on the replacement joint to ease their pain. 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 view our original complaint here:
Defective Drug Lawyer in Marshall, 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. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than the safety of the people who need medicine and treatments that are truly effective. 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 Marshall, MO to stand up to these bullying corporations and let them know that their conduct is intolerable.
Hundreds of thousands of prescriptions and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member received injuries because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer now. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from this world too soon.
Other common defective products we collect compensation for our clients for in Marshall, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Marshall, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Marshall, MO knows that being harmed by a faulty product can completely disrupt your life. That is why we strive to see the injured in Marshall and throughout Missouri recover 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 wining you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Marshall, 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 Marshall, MO now at or contact us online to start on the path to being made whole again.