Defective Products Lawyer in Nixa, MO.
Defective Products Lawyer in Nixa, MO. If you or a loved one sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Nixa, MO today at or fill out our online form for a free consultation.
Think of what you do every day: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around heavy equipment, and/or use your iPhone at various times during the day. You may use lawnmowers on your days off. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the shelves. When there is a breakdown in that process and a product becomes dangerous, it can have a ruinous effect on on your life and lives of those you love in Nixa, MO. When that happens to you, you need the experienced and committed legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the great financial recovery you deserve.
In our 30 years of negotiation, litigation and trial experience, we have gotten our clients in Nixa and throughout Missouri over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Nixa, MO today at .
If you were injured by a dangerous product in Nixa, MO, learn how much your claim may be worth by filling out our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Nixa, 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 Nixa, MO?
The Consumer Product Safety Commission estimates that defective products cause over 29 million injuries and 21,000 deaths every year.
According to statistics 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 unbelievable destruction an unsafe product can cause.
If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Nixa, MO for empathetic, devoted and skilled support and legal representation.
What is the Process for Defective Products Claims in Nixa, MO?
- The corporation was involved in the product's design, manufacture, distribution and sale.
- The product was used in a way logically anticipated.
- One or both of the following:
- The product had a faulty condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.
The "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including a distributor or seller. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can be dismissed from the lawsuit if:
- You discover who the manufacturer is, it has not closed their business and is financially capable of reimbursing you for the entirety of your damages.
- The distributor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- No other party in the case comes forward with evidence that the distributor was involved in any other part of the chain of distribution.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If those conditions are satisfied, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they had a larger role in the engineering of the product than they led on, were otherwise responsible for the fault or the manufacturer is unable to reimburse you for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every to-blame party is held accountable.
Missouri Revised Statute §537.764 mentions a caveat 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 applicable to for inadequate warning defective products cases, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury suits in Nixa, MO are decided by the idea of negligence. We all have an responsibility 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 obligation, for example if sustain an injury because you were hit by a distracted driver they can be found responsible for your damages and would have to pay you a financial recovery.
By contrast, most product liability or dangerous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is liable for any injuries a product causes, 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 Nixa, 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 flaw in the design that afterwards passes the flaw to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- 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 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 bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
- Insufficient Warnings and Instructions: This refers to a product made it through design and production safely but caused injury because it did not give adequate instructions or warnings about inherent dangers. 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 obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety protocols for ensuring the safety of their products. However, too often companies do not value our safety and concentrate more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Nixa, MO will fight by your side and insist on nothing but a full financial recovery.
Comparative Negligence in Defective Productions Claims in Nixa, MO
A common defense for manufacturers in a defective products 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 are liable 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 at fault for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt a defendant makes to eschew their obligation to reimburse you for the damage their product did to you. Your Nixa, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. 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 vendor is only responsible for ensuring the product is safe for reasonable or predictable use. 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. On the other hand, 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 manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to entirely avoid liability but can considerably reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car crash. 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 referred to as "Assumption of the risk," a concept in tort claims wherein, if the injured party was aware of risks, 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You neglected to 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 adhered to 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 have nothing to do with. The defense may say you have no right to ask them for money they do not owe you.
Just because people in the stream of commerce can — and will — argue that comparative negligence applies to your claim, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies use a lot of tricks to try and devalue your claim, but your Nixa, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair and try to take advantage of people who have never had to file a lawsuit 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 receive, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law now at for legal counsel that matches and exceeds that of resistant corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Nixa, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Nixa, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in collisions and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous automobile parts we see are:
- Fuel systems
- Electrical wires
- Door latches
Alternative vehicles like ATVs can also cause injuries, 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 Nixa, 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 make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Nixa, MO has seen cause further injuries to patients include:
- Artificial joints that can result in infections, instability, chronic soreness or recurring dislocations
- Pacemakers, which can cause infections or even wrongful death because of premature failures
- Robotic surgical assistants intended to operate on hard to reach areas which, when they do not work properly, can result in punctured organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can pierce organs, lead to pelvic pain, abnormal bleeding and unintended pregnancies
As the medical industry keeps inventing new technologies, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly owing to issues with software.
In 2017, the U.S. Health and Human Services Department stated that over the span of a decade Medicare spent at least $1.5 billion to replace more than 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of helping us. If a flawed medical device caused you damages, your Nixa, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unneeded 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. Because of oversights in their packaging and shipping process, the replacements degrade too quickly and have caused unimaginable pain and lifelong damage to potentially 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 continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Nixa, 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 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 Nixa, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.
Four thousand five hundred medications and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or a loved one had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, reach out to 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 responsible. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.
Other examples of dangerous products we see in Nixa, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Nixa, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Nixa, MO knows that being harmed by a faulty product can completely disrupt your life. That is why we have committed our lives to seeing the injured in Nixa and throughout Missouri get 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 bills and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Nixa, 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 Nixa, MO today at or contact us online to start on your journey to being made whole again.