Defective Products Lawyer in North Kansas City, MO.
Defective Products Lawyer in North Kansas City, MO. If you or a family member was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in North Kansas City, MO immediately at or fill out our online form for a complimentary consultation.
Picture what you do every day: 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 by a computer or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may drive go-carts 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 had to be designed, produced, shipped and bought. When there is an oversight in the chain of distribution and a product becomes dangerous, it can cause serious injuries to you and your North Kansas City, MO family. When that happens to you, you need the experienced and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and secure you the best possible financial recovery you deserve.
In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in North Kansas City and throughout Missouri over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in North Kansas City, MO now at .
If you were hurt by a dangerous product in North Kansas City, MO, find out how much your claim may be worth by filling out our complimentary personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in North Kansas City, 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 North Kansas City, MO?
The Consumer Product Safety Commission states that faulty products account for over 29 million injuries and 21,000 fatalities every year.
Based on facts 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 ruin that can be caused when manufacturers and vendors do not obey the rules.
If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in North Kansas City, MO for passionate, dedicated and skilled support and legal counsel.
What is the Process for Defective Products Claims in North Kansas City, MO?
- The company was involved in the product's stream of commerce.
- You used the product in a manner rationally foreseen.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably dangerous when it left the manufacturer's or distributor's that caused you direct harm, and/or
- You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.
The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may be dismissed from the lawsuit if:
- The manufacturer is known, has not closed their business and is financially capable of paying you for the entirety of your damages.
- The seller signs an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
- No other party in the case submits evidence that the vendor took part in any other part of the design and manufacturing process.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the above conditions are fulfilled, the vendor 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 responsible for the hazardous condition or the manufacturer cannot pay for the entirety of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation that they owe you.
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 went to market. This defense is only valid for inadequate warning product liability cases, and the burden of proof is on the defense.
Negligence vs. Strict Liability in Defective Products Cases
Most personal injury suits in North Kansas City, MO are won or lost based on the notion of negligence. We all have a duty to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the North Kansas City, MO roads. When someone fails in that responsibility, for example if sustain an injury because you were hit by a distracted driver they may be held liable for your damages and would have to pay you a financial recovery.
By contrast, most product liability or defective products cases are determined by strict liability, meaning that anyone in the chain of distribution is liable for any injuries that stems from 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 North Kansas City, 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 got into your hands.
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 affects all products with the same design. 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 dangerous because of mistakes 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 dangerous chemicals. An example could be installing outdated components or leaving sharp edges on plastic or other materials.
- Insufficient Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about inherent risks. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. 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 meant to incentivize corporations to implement thorough safety procedures for ensuring that their products will not pose a danger to the public. However, too often companies are negligent and try to focus more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in North Kansas City, MO will fight on your behalf and insist on nothing but the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in North Kansas City, MO
Manufacturers, distributors and anyone else in the stream of commerce will often rely on the theory of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to posit that you are responsible for a portion of your injuries 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 to blame for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to avoid their responsibility to reimburse you for the harm they have caused. Your North Kansas City, MO defective products lawyer at Burger Law will not let them get away with it. 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 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 be expected to foresee that use of the product.
- You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can significantly lower 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 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, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
- 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 say that any reasonable person would have known that they could be seriously harmed doing such a thing.
- You did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you adhered to recommended precautions.
- You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the financial recovery you are owed. 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 the manufacturer or seller can — and will — assert that comparative negligence applies to your lawsuit, that does not mean they will be successful. Large corporations and insurance companies use numerous dishonest ruses to try and minimize your claim, but your North Kansas City, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law today at for legal advocacy that parallels and surpasses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in North Kansas City, MO
Our defective products lawyer team sees in North Kansas City, 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, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common faulty motor vehicle components we see are:
- Fuel systems
- Windshield wipers
Offroad vehicles like 4-wheelers 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 North Kansas City, MO
We trust 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 North Kansas City, MO has seen cause further injuries to patients include:
- Artificial joints that can cause infections, instability, pain or recurring dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can cause punctured organs, infections and electrical burns
- Blood clot filters that permit free-floating blood clots to travel up to the lungs
- Permanent birth control implements that can puncture organs, result in pelvic pain, abnormal bleeding and unplanned pregnancies
As the medical industry keeps coming up with new technologies, the numbers of recalls issued for medical devices has increased exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly as a result of issues with software.
In 2017, the U.S. Health and Human Services Department reported that in the course of 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 defective heart 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 caused you damages, your North Kansas City, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
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 incorrectly packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read our original complaint here:
Defective Drug Lawyer in North Kansas City, MO
The Federal Drug Administration has stringent procedures 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. That means that many medications reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations 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 North Kansas City, MO to stand up to these bullying corporations and let them know that their conduct is intolerable.
Hundreds of thousands of prescriptions and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about had your condition deteriorate because of careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer now. 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 won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.
Other common dangerous products we collect compensation for our clients for in North Kansas City, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
North Kansas City, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in North Kansas City, MO knows that being hurt by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in North Kansas City and throughout Missouri collect maximum 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 do not hesitate to start working on getting you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical toll your injury has inflicted on you and your North Kansas City, MO family. We will stand by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in North Kansas City, MO today at or contact us online to take the first step toward a true recovery.