Defective Products Lawyer in Nevada, MO.
Defective Products Lawyer in Nevada, MO. If you or someone you care about was harmed by a dangerous product, reach out to a Burger law defective products lawyer in Nevada, MO immediately at or fill out our online form for a free case evaluation.
Think of your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around heavy equipment, and/or use your cell phone at various times during the day. You may use lawnmowers on your days off. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the shelves. When there is a mistake in that process and a product becomes defective, it can have a catastrophic impact on Nevada, MO individuals and families. If tragedy struck you, you need the expert and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and secure you the full compensation you are owed.
In our 30 years of negotiation, litigation and trial experience, we have won our clients in Nevada and throughout Missouri 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. Get in touch with a defective products lawyer in Nevada, MO immediately at .
If you were injured by a faulty product in Nevada, MO, discover the true value of your claim by utilizing our complimentary personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Nevada, 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?
Nevada, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that defective products are responsible for over 29 million injuries and 21,000 deaths every year.
Based on statistics 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 incredible devastation that can be caused when manufacturers and distributors do not follow adequate safety protocols.
If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Nevada, MO for compassionate, dedicated and expert support and legal advocacy.
How Defective Products Claims Work in Nevada, MO
Under Missouri Revised Statute §537.760, you and your Nevada, MO defective products lawyer can can hold a person or company accountable for your injuries if three conditions are true:
- The corporation was involved in the product's stream of commerce.
- The product was used in a way logically anticipated.
- One or both of the following:
- The product was in 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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including a distributor or vendor. 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 can avoid liability if:
- The manufacturer is known, still does business and is able to compensate you for all of your injuries.
- The vendor signs 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 vendor took part in any other part of the stream of commerce.
- The dismissal is requested to the judge within 60 days.
If the above conditions are fulfilled, the seller 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 were actually involved in the design or manufacture of the product, were otherwise responsible for the hazardous condition or the manufacturer is unable to pay for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every at-fault 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 was introduced to the public. This defense is only valid for failure to warn product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.
Negligence vs. Strict Liability in Defective Products Cases
Most personal injury claims in Nevada, MO are determined by the idea of negligence. We all have a duty to each other's safety in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone fails in that duty, for example if sustain an injury because you were hit by a distracted driver they may be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or defective products cases are strict liability claims, meaning that a designer, manufacturer or vendor is accountable for any injuries 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 Nevada, 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 inherent flaw in the design that afterwards affects all of that product model that go on to be manufactured. An example is an improperly designed safeguard on a power tool.
- Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either only make one product defective, 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 bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
- Insufficient Warnings and Instructions: This occurs when the product was not dangerous 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 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. The company that makes a product generally does not have to warn against obvious dangers. 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 guaranteeing that their products will not pose a danger to the public. Even so, too often companies do not respect their obligation to make safe products 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 Nevada, MO will fight on your behalf and insist on only a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Nevada, MO
An oft-used defense for manufacturers in a product liability lawsuit is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to put forth the defense that you are responsible for a portion of your damages and, therefore, they are not obligated to reimburse you for the full extent of your damages. 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 disingenuous attempt a defendant makes to avoid their duty to pay you for the harm they have caused. Your Nevada, 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 vendor is only has to make a product safe for ways that they can expect a consumer 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 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 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 entirely avoid fault but can considerably diminish 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 called as "Assumption of the risk," a concept in tort claims whereby, 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 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 failed to take necessary safety precautions. 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 would have been avoided had you adhered to proper protocols.
- You did not try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the financial recovery you are owed. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 — work hard to persuade a jury that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ numerous tricks to try and devalue your claim, but your Nevada, 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 do not have the same resources. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you receive, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law immediately at for legal advocacy that parallels and exceeds that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Nevada, MO
Our defective products lawyer team sees in Nevada, 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, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to collisions and fires, and fail to protect occupants from harm as intended. Common defective car components we see are:
- Windshield wipers
- Door latches
- Engine cooling fan blades
Offroad vehicles like 4-wheelers can also cause damage, for instance many of them are prone 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 Nevada, MO
We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Nevada, MO has seen be defective include:
- Artificial hips, knees or other joints that can result in infections, limited mobility, pain or recurring dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
- Robotic surgical assistants designed to operate on hard to reach areas which, when defective, can cause 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 puncture organs, result in pelvic pain, excessive blood loss and unplanned pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have soared. 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 throughout 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 defective cardiovascular devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up aggravating your condition, your Nevada, 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 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 degrade sooner than anticipated and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 people who had received the replacement joint. 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 the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Nevada, MO
The Federal Drug Administration has firm 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 market. With no absolute independent testing many drugs reach the shelves 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 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 Nevada, MO to stand up to these bullying corporations and let them know that their behavior is intolerable.
Hundreds of thousands of 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 love sustained injuries because of irresponsible pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.
Other common dangerous products we file suit for in Nevada, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Nevada, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Nevada, MO knows that being hurt by a faulty product can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Nevada and throughout Missouri be compensated 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 do not hesitate to start working on getting you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical toll your injury has taken on you and your Nevada, 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 Nevada, MO immediately at or contact us online to start on the path to being made whole again.