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Defective Products Lawyer in North Kansas City, MO.

Defective Products Lawyer in North Kansas City, MO. If you or a loved one sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in North Kansas City, MO now at (314) 500-HURT or fill out our online form for a free consultation.

Think of what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around heavy equipment, and/or use your iPhone throughout the day. You may use lawnmowers on your free days. You may even have a joint replacement or other medical device. 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 market. When there is a breakdown in the stream of commerce and a product becomes defective, it can cause serious injuries to you and your North Kansas City, MO family. If tragedy struck you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the great compensation you are owed.

In our 30 years of negotiation, litigation and trial experience, we have delivered our clients in North Kansas City and beyond over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in North Kansas City, MO immediately at (314) 500-HURT.

If you were injured by a dangerous product in North Kansas City, MO, find out the true value of your claim by using our complimentary personal injury calculator.



Chesterfield, MO

Chesterfield, MO

100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005

By appointment only

Phone: (314) 648-8348

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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in North Kansas City, MO:

North Kansas City, 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 data from the Insurance Information Institute, in 2019 the mean average that juries awarded plaintiffs in product liability claims was over $7 million, while the median was $2 million. That speaks to the unbelievable devastation an unsafe product can cause.

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 compassionate, committed and talented support and legal counsel.

What is the Process for Defective Products Claims in North Kansas City, MO?

According to Missouri Revised Statute §537.760, you and your North Kansas City, MO defective products lawyer can can hold a person or company at fault for your injuries if three conditions are met:

  1. The corporation was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a way reasonably foreseen.
  3. One or both of the following:
    1. The product had a faulty condition that was unreasonably hazardous when it left the manufacturer's or seller's that was the proximate cause of your injuries, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product may be dismissed from the case if:

  • You discover who the manufacturer is, it still does business and can afford to pay for all of your injuries.
  • The seller signs an affidavit under oath that their only involvement in the process was selling it.
  • No other party in the case presents evidence that the vendor was involved in any other part of the stream of commerce.
  • The dismissal is requested to the judge within 60 days.

If the above conditions are met, the vendor 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 engineering of the product than they intimated, were otherwise liable for the hazardous condition or the manufacturer is unable to compensate you 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 you get the great financial recovery that they owe you.

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 valid 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?

Most personal injury lawsuits in North Kansas City, MO are based on the concept of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, trucking companies must not overwork their drivers. 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 compensation.

By contrast, most product liability or defective products cases 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 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 you acquired it.

Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:

  1. Design Defect: A design defect is an innate fault in the design that afterwards passes the flaw to all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
  2. 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, 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 leaving sharp edges on plastic or other materials.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: 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 a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product typically does not have to warn against obvious risks. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to encourage corporations to implement exhaustive safety procedures for guaranteeing that their products will not pose a danger to the public. Even so, too often corporations do not value our safety and concentrate more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in North Kansas City, MO will fight on your behalf and demand nothing but the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in North Kansas City, MO

An oft-used defense for manufacturers in a dangerous product case is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the chain of distribution to put forth the defense that you share 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 liable for the accident, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt a manufacturer makes to eschew their duty 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. Pursuant to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect the public to use it. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. On the other hand, 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 happening.
  • You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably decrease it but can significantly decrease 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 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 theory in tort claims whereby, if the injured party was aware of risks, 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 take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not obeyed recommended precautions.
  • You did not mitigate your damages. In any personal injury claim, you have a duty 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 you have no right to ask them for money they do not owe you.

Just because people in the chain of distribution 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. Bullying corporations and insurance companies employ myriad dishonest ruses to try and lower your claim, but your North Kansas City, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies have a lot of money to throw at their defense 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 get paid a moderate percentage of the compensation you get, and you owe us nothing until we win your case. Call Burger Law immediately at (314) 500-HURT for legal counsel that matches and eclipses 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 how many people use them and because of how many components are involved. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous car parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wires
  • Wheels
  • Door latches
  • Accelerators

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 North Kansas City, MO

We need medical devices to enhance and extend our lives. 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 North Kansas City, MO has seen cause further injuries to patients are:

  • Artificial joints that can result in infections, limited mobility, chronic soreness or frequent dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as anticipated
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can cause perforated organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to invade the lungs
  • Permanent birth control implements that can puncture organs, cause pelvic pain, excessive blood loss and unplanned pregnancies

As the medical industry keeps implementing more and more advanced technologies, the amount of recalls issued for medical devices has increased exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the foremost factor.

In 2017, the U.S. Health and Human Services Department stated that over 10 years Medicare paid out at least $1.5 billion to replace over 73,000 faulty cardiovascular 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 flawed medical device ended up worsening your condition, 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unimaginable pain and lifelong damage to possibly 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 got to work bringing them what peace of mind we could and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint here:

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Defective Drug Lawyer in North Kansas City, 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. With no absolute third-party testing many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over 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 behavior is unacceptable.

Hundreds of thousands of medications and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about sustained injuries because of reckless 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 peace for the wrongful death of their loved one.

Other common defective products we collect compensation for our clients for in North Kansas City, MO include:

  • Children's toys
  • Chemicals such as week killer
  • Baby powder
  • Household appliances
  • Industrial machinery
  • Cell phone batteries
  • Beauty products

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North Kansas City, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in North Kansas City, MO knows that being injured by a hazardous product can completely upend your life. That is why we have dedicated our careers to seeing the vulnerable in North Kansas City and throughout Missouri recover great compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on delivering you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical hardships your injury has taken 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 now at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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