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Defective Products Lawyer in Monett, MO.
Defective Products Lawyer in Monett, MO. If you or someone you love sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Monett, MO right away at (314) 500-HURT or fill out our online form for a complimentary consultation.
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 in your vehicle, sit at in a chair or work around heavy machinery, and/or use your iPhone on and off throughout the day. You may go 4-wheeling on your free days. 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 at one point was engineered, produced, shipped and purchased. When there is an oversight in that process and a product becomes hazardous, it can have a devastating effect on Monett, MO individuals and families. If tragedy struck you, you need the skilled and devoted legal services of Burger Law's defective products lawyer team to stand by your side and secure you the great financial recovery you deserve.
In our In our 30 years of experience fighting for fairness and justice, we have secured our clients in Monett and beyond more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Monett, MO immediately at (314) 500-HURT.
If you were injured by a dangerous product in Monett, MO, learn the true value of your case 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 Monett, 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 Monett, MO?
The Consumer Product Safety Commission estimates that hazardous products cause in excess of 29 million injuries and 21,000 fatalities each year.
Based on facts from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme ruin that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.
If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Monett, MO for understanding, committed and experienced support and legal representation.
What is the Process for Defective Products Claims in Monett, MO?
According to Missouri Revised Statute §537.760, you and your Monett, MO defective products lawyer can can hold a person or company responsible for your injuries if three conditions are true:
- The corporation was part of the product's design, manufacture, distribution and sale.
- The product was used in a manner easily anticipated.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably hazardous when the product was sold that caused you direct harm, 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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to sale, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:
- The manufacturer is known, still does business and can afford to pay for all of your damages.
- The seller signs 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 vendor took part in any other part of the chain of distribution.
- The dismissal is requested to the court within 60 days.
If the above conditions are satisfied, the distributor 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 to blame for the fault 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 liable 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 applicable to for inadequate warning defective products lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury suits in Monett, MO are decided by the notion of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Monett, MO roads. When someone is negligent, for example if are injured by a fatigued truck driver they can be found liable for your damages and would owe you a financial recovery.
By contrast, most product liability or hazardous products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product 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 Monett, 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 defect in the design that subsequently passes the imperfection to all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
- 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 defective, 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 bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
- Insufficient Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about innate risks. 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. The company that makes a product typically does not have to warn against dangers 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 exhaustive safety protocols for guaranteeing that their products will not put the people who use it at risk. Even so, too often corporations are negligent and try to focus more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Monett, MO will fight by your side and demand only the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Monett, MO
A common defense for manufacturers in a dangerous product claim is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the defendants to posit that you share a portion of your damages and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt an entity involved in the stream of commerce makes to avoid their obligation to reimburse you for the harm they have caused. Your Monett, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative fault if the following situations apply:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or seller 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. 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 reasonably foresee that use of the product.
- You used the product in a manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly lower it but can considerably reduce it. Suppose 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 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 modify a chainsaw or other tool to remove certain guards or safety measures. 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. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not obeyed proper protocols.
- You did not mitigate your damages. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 — try to convince the court that comparative fault applies to your claim, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies use myriad dishonest ruses to try and lower your claim, but your Monett, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations will try everything to avoid paying you and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you are awarded, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal advocacy that matches and eclipses that of bullying manufacturers and sellers and insurance companies.
Defective Vehicle Parts Lawyer in Monett, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Monett, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause accident and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous motor vehicle components we see are:
- Windshield wipers
- Engine cooling fan blades
Offroad vehicles like ATVs can also cause injuries, for instance many of them are prone to flipping 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 Monett, 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. Common medical devices that your Burger Law defective products lawyer in Monett, MO has seen cause further complications for patients include:
- Artificial joints that can lead to infections, limited mobility, chronic soreness or recurring dislocations
- Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
- Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can result in punctured organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control devices that can puncture organs, cause pelvic pain, excessive bleeding and unwanted pregnancies
As the medical industry keeps implementing more and more advanced technologies, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the chief factor.
In 2017, the U.S. Health and Human Services Department announced that over the span of 10 years Medicare spent at least $1.5 billion to replace more than 73,000 faulty heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of helping us. If a flawed medical device caused you injuries, your Monett, 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 unnecessary pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were built 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 are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client here:
Defective Drug Lawyer in Monett, MO
The Federal Drug Administration has stringent procedures that pharmaceutical companies must obey 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 market. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over 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 Monett, MO to stand up to these bullying corporations and let them know that their conduct 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 care about had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by winning you compensation and holding negligent corporations accountable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.
Other examples of dangerous products we see in Monett, 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
Monett, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Monett, MO knows that being injured by a dangerous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Monett 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 do not hesitate to start working on getting you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Monett, 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 Monett, MO immediately at (314) 500-HURT or contact us online to take the first step toward being made whole again.