have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Moberly, MO.
Defective Products Lawyer in Moberly, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Moberly, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case review.
Think of what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around technology, and/or use your iPhone throughout the day. You may go boating on your days off. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that at one point was engineered, manufactured, shipped and sold. When there is an error in the chain of distribution and a product becomes dangerous, it can cause serious injuries to you and your Moberly, MO family. If tragedy struck you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the great financial recovery you deserve.
In our In our three decades of experience fighting for fairness and justice, we have delivered our clients in Moberly and beyond more than $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Moberly, MO immediately at (314) 500-HURT.
If you were injured by a dangerous product in Moberly, MO, find out how much your claim may be worth by filling out our free 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 Moberly, 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 Moberly, MO?
The Consumer Product Safety Commission has found that hazardous products cause in excess of 29 million injuries and 21,000 deaths annually.
According to 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 unbelievable harm that can be caused when manufacturers and distributors do not follow the rules.
If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Moberly, MO for understanding, dedicated and talented support and legal counsel.
What is the Process for Defective Products Claims in Moberly, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Moberly, MO defective products lawyer can file a "strict liability" suit if three conditions are met:
- The person was part of the product's design, manufacture, distribution and sale.
- You used the product in a manner logically anticipated.
- One or both of the following:
- The product had a faulty condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
- You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.
The "chain of distribution" 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 that sold you the product. Under Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it can avoid liability if:
- The manufacturer is known, has not closed their business and can afford 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 submits evidence that the seller was involved in any other aspect of the stream of commerce.
- The dismissal is requested to the court within 60 days.
If the above conditions are satisfied, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise liable for the defect or the manufacturer cannot 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 at-fault party is held responsible.
Missouri Revised Statute §537.764 provides one defense 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 went to market. This defense is only valid for failure to warn product liability claims, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.
Have You Been Injured from a Dangerous Product?
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury lawsuits in Moberly, MO depend on the conception 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 fails in that duty, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or dangerous products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is responsible 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 Moberly, 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 imperfection in the design that afterwards affects all products with the same design. An example is a toy intended for children that contains a choking hazard.
- 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 affect only one product, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about innate risks. 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 generally does not have to warn against risks that a reasonable person would anticipate. For instance, 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 exhaustive safety protocols for verifying that their products will not put the people who use it at risk. Even so, too often corporations are negligent and spend more energy on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Moberly, MO will fight on your behalf and demand only the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in Moberly, MO
An oft-used defense for manufacturers in a dangerous product case is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to put forth the argument that you share a portion of the fault and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt an entity involved in the stream of commerce makes to eschew their duty to reimburse you for the damage their product did to you. Your Moberly, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may say you bear 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. 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 be expected to foresee that use of the product.
- You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly diminish it but can considerably decrease it. Say 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 knew of inherent risks of the product while you were using it. This is often called 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 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 harmed doing such a thing.
- 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 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 recommended precautions.
- 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 amount of compensation you are owed. For example, you cannot seek unnecessary medical treatment. 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 distributor can — and will — assert that comparative negligence applies to your lawsuit, that does not mean the claim is automatically true. Large corporations and insurance companies use numerous deceitful tactics to try and devalue your claim, but your Moberly, 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 do not have the same resources. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Call Burger Law today at (314) 500-HURT for legal advocacy that rivals and surpasses that of resistant manufacturers and sellers and insurance companies.
Defective Vehicle Parts Lawyer in Moberly, MO
Our defective products lawyer team sees in Moberly, 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 recalls were issued both for entire vehicles and individual parts. Defective car parts can cause wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous motor vehicle parts we see are:
- Electrical wires
- Door latches
- Engine cooling fan blades
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 Moberly, MO
Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Moberly, MO has seen be defective include:
- Artificial hips, knees or other joints that can result in infections, instability, chronic soreness or frequent dislocations
- Pacemakers, which can result in infections or even wrongful death when they do not last as long as expected
- Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can cause pierced organs, infections and electrical burns
- Blood clot filters that allow dislodged blood clots to travel up to the lungs
- Permanent birth control devices that can perforate organs, cause pain in the pelvic region, abnormal hemorrhaging and unwanted pregnancies
As the medical industry keeps coming up with more and more advanced technologies, medical device recalls have gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the leading cause.
In 2017, the U.S. Health and Human Services Department reported that over the span of 10 years Medicare spent 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 faulty medical device ended up worsening your condition, your Moberly, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.
In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients 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 continue to take on Exactech Knee Replacement cases. You can view our original complaint here:
Defective Drug Lawyer in Moberly, MO
The Federal Drug Administration has strict procedures that pharmaceutical companies must follow 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 shelves without an objective analysis of the potential drawbacks compared to the 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 Moberly, MO to stand up to these bullying corporations and let them know that their behavior is intolerable.
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 loved one had your condition worsen because of careless pharmaceutical companies and manufacturers, get in touch with 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 successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.
Other examples of dangerous products we collect compensation for our clients for in Moberly, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
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Moberly, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Moberly, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your life. That is why we endeavor to see the vulnerable in Moberly 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 getting you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical toll your injury has taken on you and your Moberly, 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 Moberly, MO now at (314) 500-HURT or contact us online to take the first step toward a true recovery.