Defective Products Lawyer in Oak Grove, MO.
Defective Products Lawyer in Oak Grove, MO. If you or someone you care about sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Oak Grove, MO immediately at or fill out our online form for a complimentary case review.
Picture your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit by a computer or work around technology, and/or use your android on and off throughout the day. You may use lawnmowers on the weekend. You may even have a knee replacement 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 buyer. When there is an error in that process and a product becomes hazardous, it can cause severe harm to you and your Oak Grove, MO family. If tragedy struck you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the full financial recovery you deserve.
In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have secured our clients in Oak Grove and beyond in excess of $170 million. Our initial case reviews 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 Oak Grove, MO now at .
If you were hurt by a faulty product in Oak Grove, MO, learn how much your claim may be worth by utilizing our free personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Oak Grove, 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 Oak Grove, MO?
The Consumer Product Safety Commission states that defective products account for more than 29 million injuries and 21,000 deaths each year.
Based on facts 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 speaks to the unbelievable ruin that can be caused when manufacturers and distributors do not obey proper safety measures.
If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Oak Grove, MO for empathetic, dedicated and experienced support and legal counsel.
What is the Process for Defective Products Claims in Oak Grove, MO?
- The company was involved in the product's chain of distribution.
- The product was used in a way rationally foreseen.
- Either or both of the following conditions:
- The product was in a defective 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 dangerous 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 sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may be dismissed from the lawsuit if:
- The manufacturer is known, still does business and is financially capable of compensating you for the entirety of your injuries.
- The entity that sold it makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- No other party in the case puts forward evidence that the distributor took part 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 the aforementioned 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 shows that they had a larger role in the production of the product than they implied, were otherwise responsible for the dangerous condition or the manufacturer is unable to pay for all of your injuries, 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 you deserve.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be entirely understood before use by the public. This defense will only work for for failure to warn defective products lawsuits, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.
The Difference Between Strict Liability and Negligence in Defective Products Cases
The majority of personal injury cases in Oak Grove, MO are decided by the notion of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they may be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or defective products cases come down to strict liability, meaning that anyone in the chain of distribution is accountable for any damage a product causes, 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 Oak Grove, 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 afterwards passes the imperfection to all products with the same design. An example is a toy intended for children that contains a choking hazard.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes 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 a swing set with a cracked chain.
- Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give adequate instructions or warnings about innate dangers. 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. A manufacturer generally does not have to warn against obvious risks. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to encourage corporations to implement comprehensive safety procedures for verifying that their products will not put the people who use it at risk. However, too often companies do not respect their obligation to make safe products and try to focus more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Oak Grove, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but the best possible compensation.
Comparative Negligence in Defective Productions Claims in Oak Grove, MO
A common defense for manufacturers in a dangerous product lawsuit is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to put forth the defense that you are liable for a portion of your injuries and, therefore, they are not liable for the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to avoid their responsibility to pay you for the harm they have caused. Your Oak Grove, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative negligence if the following situations apply:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. 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 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 manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to totally avoid fault but can considerably decrease 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 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 neglected to take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 followed proper protocols.
- You did not 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 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 the manufacturer or seller can — and will — work hard to persuade a jury that comparative fault applies to your injuries, that does not mean they will be successful. Powerful corporations and insurance companies implement a lot of tricks to try and lower your claim, but your Oak Grove, MO defective products lawyer at Burger Law knows how to fight back against 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. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the compensation you are awarded, and you do not pay us anything until we win your case. Get in touch with Burger Law right away at for legal counsel that matches and eclipses that of bullying manufacturers and vendors and insurance adjusters.
Defective Vehicle Parts Lawyer in Oak Grove, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Oak Grove, MO. 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 crashes and fires, and fail to protect drivers and passengers from harm as intended. Common faulty car components we see are:
- Fuel systems
- Electrical systems
- Steering systems
- Headlights and taillights
Offroad vehicles like ATVs can also cause damage, 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 Oak Grove, MO
Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us further complications when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Oak Grove, MO has seen cause further injuries to patients include:
- Artificial hips, knees or other joints that can result in infections, limited mobility, pain or recurring dislocations
- Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
- Surgical robots designed to operate on hard to reach areas which, when faulty, can cause punctured organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can puncture organs, result in pelvic pain, abnormal blood loss and unintended pregnancies
As the medical industry keeps inventing more and more advanced technologies, the amount of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly owing to defects in software.
In 2017, the U.S. Health and Human Services Department found that in the course of a decade Medicare spent at least $1.5 billion to replace more than 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 flawed medical device ended up aggravating your condition, your Oak Grove, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who were depending on the replacement joint to return their mobility. 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 Oak Grove, 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 shelves. That means that many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than the safety of the people who need medicine and treatments that are truly effective. 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 Oak Grove, MO to stand up to these bullying corporations and let them know that their behavior is intolerable.
Four thousand five hundred 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 a loved one had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by winning you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from their family too soon.
Other common dangerous products we collect compensation for our clients for in Oak Grove, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Oak Grove, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Oak Grove, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we have dedicated our lives to seeing the injured in Oak Grove 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 securing you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your Oak Grove, 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 Oak Grove, MO now at or contact us online to take the first step toward being made whole again.