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Defective Products Lawyer in Neosho, MO.
Defective Products Lawyer in Neosho, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Neosho, MO immediately at (314) 500-HURT or fill out our online form for a free case review.
Picture what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around heavy machinery, and/or use your android on and off throughout the day. You may go 4-wheeling on your free days. You may even have a ankle replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that at one point was designed, manufactured, shipped and sold. When there is a mistake in the chain of distribution and a product becomes dangerous, it can cause severe harm to you and your Neosho, MO family. When that happens to you, you need the accomplished and committed legal services of Burger Law's defective products lawyer team to stand in your corner and get you the full financial recovery you deserve.
In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Neosho and beyond more than $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Neosho, MO immediately at (314) 500-HURT.
If you were hurt by a dangerous product in Neosho, MO, learn the true value of your case by using our complimentary personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Neosho, 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?
Neosho, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that defective products result in more than 29 million injuries and 21,000 fatalities every year.
Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous 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 an unsafe product can cause.
If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Neosho, MO for passionate, devoted and knowledgeable support and legal representation.
What is the Process for Defective Products Claims in Neosho, MO?
According to Missouri Revised Statute §537.760, you and your Neosho, MO defective products lawyer can make a "strict liability" claim if three conditions are met:
- The corporation was involved in the product's chain of distribution.
- You used the product in a way logically expected.
- One or both of the following:
- The product had a faulty condition that was unreasonably hazardous when it left the manufacturer's or vendor's that was the proximate cause of your injuries, and/or
- Your injuries stemmed from a dangerous 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 going to the market, from initial design to purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product may avoid liability if:
- You discover who the manufacturer is, it has not closed their 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 aspect of the stream of commerce.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If those conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they had a larger role in the engineering of the product than they implied, were otherwise at fault for the hazardous condition or the manufacturer is unable to pay 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 that every to-blame party is held responsible.
Missouri Revised Statute §537.764 has an exception 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 hit the shelves. This defense is only valid for inadequate warning defective products claims, 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?
Most personal injury cases in Neosho, MO depend on the notion of negligence. We all have an obligation to each other's safety in certain situations; for example, doctors must treat their Neosho, MO patients with a standard of care. When someone fails in that obligation, for instance if if there a loose floor boards at a restaurant that cause you to fall they might be held accountable for your damages and would have to pay you a financial recovery.
By contrast, most product liability or dangerous products claims come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is liable for any injuries that results the reasonable use of a product, 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 Neosho, 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 inherent 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 mistakes in the manufacturing process. This can either affect only one product, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. An example could be incorrectly installing wires or electrical components or a swing set with a cracked chain.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This occurs when the product was not hazardous through design or manufacture, but rather 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer generally does not have to warn against risks that a reasonable person would anticipate. For example, 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 ensuring that their products will not pose a danger to the public. Even so, too often companies are negligent and spend more energy on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Neosho, MO will hold them responsible by conducting a full investigation of your case and insisting on only the best possible compensation.
Comparative Negligence in Defective Productions Claims in Neosho, MO
Manufacturers, distributors and anyone else in the chain of distribution will often rely on the concept of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for those in the chain of distribution to argue that you are responsible for a portion of your damages and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt a defendant makes to get out their responsibility to pay you for the damage their product did to you. Your Neosho, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor 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. 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 the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to entirely avoid liability but can considerably diminish 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 hazards of the product while you were using it. This is often called 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, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
- You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 did not follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce 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 are your fault because you had not followed proper protocols.
- 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 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 people in the chain of distribution can — and will — assert that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies implement a lot of tricks to try and lower your claim, but your Neosho, MO defective products lawyer at Burger Law knows how to combat them. We know these companies are unfair and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you get, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal advocacy that rivals and exceeds that of bullying manufacturers and sellers and insurance adjusters.
Defective Vehicle Parts Lawyer in Neosho, MO
Our defective products lawyer team sees in Neosho, 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, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause crashes and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous automobile parts we see are:
- Electrical wiring
- Steering systems
- Engine cooling fan blades
Offroad vehicles like 4-wheelers 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 Neosho, MO
Medical devices are meant to improve the lives of the people who need them. 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 Neosho, MO has seen be defective include:
- Artificial hips, knees or other joints that can cause infections, instability, pain or frequent dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
- Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to pierced 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 perforate organs, result in pelvic pain, abnormal bleeding and unintended pregnancies
As the medical industry keeps coming up with more and more advanced technologies, the numbers of recalls issued for medical devices has soared. In the first quarter 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 throughout a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 flawed 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 defective medical device ended up worsening your condition, your Neosho, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements deteriorate too quickly and have caused incredible pain and lifelong damage to possibly as many as 150,000 patients 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 are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint by clicking the button below:
Defective Drug Lawyer in Neosho, MO
The Federal Drug Administration has strict 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 shelves. With no absolute third-party testing many drugs 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, 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 Neosho, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.
Hundreds of thousands of drugs and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or a loved one had your condition worsen because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from this world too soon.
Other common dangerous products we collect compensation for our clients for in Neosho, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
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Neosho, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Neosho, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we endeavor to see the injured in Neosho and throughout Missouri recover the best possible compensation for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we immediately start working on getting you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Neosho, 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 Neosho, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.