have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Marshfield, MO.
Defective Products Lawyer in Marshfield, MO. If you or someone you love was injured by a dangerous product, call a Burger law defective products lawyer in Marshfield, MO today at (314) 500-HURT or fill out our online form for a free consultation.
Think of your daily routine: 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 machines, and/or use your cell phone throughout the day. You may go 4-wheeling on your days off. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was designed, produced, packaged and bought. When there is a breakdown in that process and a product becomes dangerous, it can cause severe harm to you and your Marshfield, MO family. If tragedy struck you, you need the experienced and dedicated legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the full compensation you deserve.
In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Marshfield and beyond over $170 million. Talking to us is free, so there's no reason not to reach out. Get in touch with a defective products lawyer in Marshfield, MO immediately at (314) 500-HURT.
If you were injured by a faulty product in Marshfield, MO, find out the true value of your case by utilizing our complimentary personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Marshfield, 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 Marshfield, MO?
The Consumer Product Safety Commission estimates that defective products cause in excess of 29 million injuries and 21,000 fatalities every year.
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 speaks to the incredible harm that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.
If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Marshfield, MO for understanding, devoted and talented support and legal representation.
What is the Process for Defective Products Claims in Marshfield, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Marshfield, MO defective products lawyer can can hold a person or corporation accountable for your damages if three conditions are met:
- The person was involved in the product's chain of distribution.
- The product was used in a way logically anticipated.
- Either or both of the following conditions:
- The product was in a defective condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, 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 involved in the product from initial design to sale, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the vendor or distributor of the product can avoid liability if:
- You discover who the manufacturer is, it has not closed their business and can afford to reimburse you for the entirety of your damages.
- The entity that sold it makes an affidavit under oath that their only involvement in the stream of commerce was selling it.
- There is no evidence is brought in front of the court that the seller was involved in any other facet of the design and manufacturing process.
- The dismissal is requested to the judge within 60 days.
If the aforementioned conditions are fulfilled, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise liable for the defect or the manufacturer cannot reimburse you for the entirety of the economic, physical and emotional hardships 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 compensation that they owe you.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense is only applicable to for failure to warn defective products cases, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.
Have You Been Injured from a Dangerous Product?
Click to view video
What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
Click to view video
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury cases in Marshfield, MO depend on the conception of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Marshfield, MO patients with a standard of care. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they can be found liable for your damages and would owe you compensation.
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 that stems from the reasonable use of a product, 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 Marshfield, 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 innate defect in the design that afterwards affects all products with the same design. An example is an improperly designed safeguard on a power tool.
- Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure in the manufacturing process. This can either only make one product hazardous, 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 Risks or Risks That Should Have Been Foreseen: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product generally does not have to warn against risks that a reasonable person would foresee. For example, they do not have to warn you that a match could start a fire.
Strict liability is intended to hold corporations accountable and persuade them to implement thorough safety procedures for ensuring the safety of their products. Even so, too often corporations are negligent and concentrate more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Marshfield, 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 Marshfield, MO
A common defense for manufacturers in a dangerous product lawsuit is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to put forth the defense that you are responsible for a portion of the fault and, therefore, they are not required to compensate 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 the accident, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to get out their responsibility to pay you for the damage their product did to you. Your Marshfield, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances apply:
- 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 the public to use it. 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 use a loaded rifle 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 manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to completely avoid liability but can significantly 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 knew of inherent risks of the product while you were using it. This is often referred to as "Assumption of the risk," a theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 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 say that any reasonable person would have known that they could be seriously injured doing such a thing.
- You neglected to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not followed recommended safety measures.
- You failed to try to keep your damages to a minimum. 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 seek compensation for medical treatment for injuries that have nothing to do with. 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 people in the chain of distribution can — and will — work hard to persuade a jury that comparative negligence applies to your case, that does not mean they will be successful. Bullying corporations and insurance companies employ numerous dishonest ruses to try and devalue your claim, but your Marshfield, 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. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the compensation you are awarded, and you do not pay us anything until you get the great compensation you deserve. Call Burger Law immediately at (314) 500-HURT for legal representation that matches and exceeds that of resistant corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Marshfield, MO
Our defective products lawyer team sees in Marshfield, 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 individual cars and vehicle components were recalled in the United States. Defective car parts can lead to collisions and fires, and lead to further injuries when the safety components to not work as they should. Common defective automobile parts we see are:
- Electrical wires
- Door latches
- Engine cooling fan blades
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 Marshfield, MO
We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Marshfield, MO has seen cause further injuries to patients include:
- Artificial hips, knees or other joints that can cause infections, limited mobility, pain or frequent dislocations
- Pacemakers, which can result in 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 lead to punctured 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, cause pain in the pelvic region, excessive hemorrhaging and unplanned pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have gone up exponentially. In the first quarter 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 reported that throughout 10 years Medicare spent at least $1.5 billion to replace over 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of easing it. If a defective medical device ended up aggravating your condition, your Marshfield, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February 2022, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was retained 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 read our original complaint here:
Defective Drug Lawyer in Marshfield, MO
The Federal Drug Administration has firm protocols that pharmaceutical companies must follow from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. With no absolute independent testing 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, 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 Marshfield, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.
Hundreds of thousands of medications 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 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 has been inflicted because of their actions. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.
Other examples of defective products we file suit for in Marshfield, 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
Marshfield, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Marshfield, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we endeavor to see the vulnerable in Marshfield and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on delivering you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Marshfield, MO family. We will stand 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 Marshfield, MO immediately at (314) 500-HURT or contact us online to start on the path to a true recovery.