Defective Products Lawyer in Mount Vernon, MO.
Defective Products Lawyer in Mount Vernon, MO. If you or a loved one was hurt by a dangerous product, call a Burger law defective products lawyer in Mount Vernon, MO right away at or fill out our online form for a free case evaluation.
Picture your daily routine: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around technology, and/or use your android throughout the day. You may drive go-carts on the weekend. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be designed, produced, shipped and purchased. When there is a mistake in that process and a product becomes defective, it can have a devastating effect on on your life and lives of those you love in Mount Vernon, MO. If tragedy struck you, you need the experienced and devoted legal representation of Burger Law's defective products lawyer team to stand by your side and win you the maximum financial recovery you are owed.
In our In our 70 years of combined experience standing up for fairness and justice, we have won our clients in Mount Vernon and throughout Missouri 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 Mount Vernon, MO today at .
If you were injured by a faulty product in Mount Vernon, MO, learn how much your claim may be worth by filling out our complimentary personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Mount Vernon, 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 Mount Vernon, MO?
The Consumer Product Safety Commission estimates that dangerous products result in in excess of 29 million injuries and 21,000 deaths annually.
Based on facts from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme destruction that can be caused when manufacturers and distributors do not obey the rules.
If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Mount Vernon, MO for compassionate, dedicated and knowledgeable support and legal advocacy.
What is the Process for Defective Products Claims in Mount Vernon, MO?
- The company was part of the product's stream of commerce.
- You used the product in a way logically anticipated.
- Either or both of the following conditions:
- The product was in a defective condition that was unreasonably dangerous when you bought the product that was the proximate cause of your injuries, and/or
- Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.
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 you bought the product from. Under Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may be dismissed from the lawsuit if:
- The manufacturer is known, still exists and can afford to pay for the entirety of your injuries.
- The entity that sold it signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- No other party in the case submits evidence that the vendor was involved in any other part of the design and manufacturing process.
- The motion to dismiss is filed within 60 days.
If the aforementioned conditions are met, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the production of the product than they led on, were otherwise at fault 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 have them re-entered into the claim and ensure that every to-blame party is held accountable.
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 product liability claims, and the burden of proof is on the defense.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury suits in Mount Vernon, MO are decided by the idea of negligence. We all owe each other a duty of care in certain situations; for example, Mount Vernon, MO dog owners must always have control of their dog. When someone fails in that responsibility, for example if sustain an injury because you were hit by a distracted driver they can be held accountable 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 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 Mount Vernon, 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 inherent flaw in the design that afterwards affects all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
- 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 swing set with a cracked chain.
- Inadequate Warnings and Instructions: This occurs when the product was not defective through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could arise from normal use of the product. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product generally does not have to warn against obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to hold corporations accountable and persuade them to implement exhaustive safety protocols for verifying the safety of their products. Even so, too often companies do not respect their obligation to make safe products and try to focus more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Mount Vernon, MO will fight by your side and insist on nothing but a full financial recovery.
Comparative Negligence in Defective Productions Claims in Mount Vernon, 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 vendor to posit that you are liable for a portion of your injuries and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt a manufacturer makes to avoid their duty to reimburse you for the damage their product did to you. Your Mount Vernon, 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 manner the manufacturer could foresee. A manufacturer or distributor 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 are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
- You used the product in a way the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to totally avoid fault 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 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 concept in tort claims wherein, 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 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 follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 followed recommended precautions.
- You did not try to keep your damages to a minimum. 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 the manufacturer or seller can — and will — assert that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies employ myriad deceitful tactics to try and devalue your claim, but your Mount Vernon, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense 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 we collect a moderate percentage of the compensation you collect, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law right away at for legal representation that matches and eclipses that of bullying manufacturers and vendors and insurance companies.
Defective Vehicle Parts Lawyer in Mount Vernon, MO
Our defective products lawyer team sees in Mount Vernon, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to crashes and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous car parts we see are:
- Electrical wires
- Steering systems
- Headlights and taillights
Offroad vehicles like ATVs 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 Mount Vernon, MO
Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Mount Vernon, MO has seen cause further complications for patients are:
- Artificial joints that can result in infections, limited mobility, pain or repeated dislocations
- Cardiovascular devises, which can lead to 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 defective, can cause perforated organs, infections and electrical burns
- Blood clot filters that permit free-floating blood clots to slip into the lungs
- Permanent birth control devices that can puncture organs, result in pelvic pain, excessive hemorrhaging 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 increased 126 percent, with software issues being the leading factor.
In 2017, the U.S. Health and Human Services Department announced that over the span of 10 years 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 technological medical devices might cause us extensive pain instead of improving our lives. If a faulty medical device ended up worsening your condition, your Mount Vernon, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 people who were depending on the replacement joint to return their mobility. 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 by clicking the link below:
Defective Drug Lawyer in Mount Vernon, MO
The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. However, the administration does not actually test drugs itself; rather, it relies on data from pharmaceutical companies' own testing to determine if a drug is safe for release to the public. That means that many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 Mount Vernon, MO to stand up to these bullying corporations and make them realize that their behavior is unacceptable.
Four thousand five hundred medications and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or a loved one received injuries because of irresponsible pharmaceutical companies and corporations, reach out to 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 filed suits for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.
Other examples of defective products we file suit for in Mount Vernon, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Mount Vernon, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Mount Vernon, MO knows that being injured by a faulty product can completely disrupt your life. That is why we strive to see the vulnerable in Mount Vernon 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 bills and lost wages, as well as the emotional and physical toll your injury has taken on you and your Mount Vernon, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Mount Vernon, MO today at or contact us online to start on your journey to being made whole again.