Defective Products Lawyer in Odessa, MO.
Defective Products Lawyer in Odessa, MO. If you or someone you love sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Odessa, MO today at or fill out our online form for a complimentary case review.
Think of 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 cell phone throughout the day. You may go 4-wheeling 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 product 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 defective, it can cause serious harm to you and your Odessa, MO family. If tragedy struck you, you need the expert and committed legal services of Burger Law's defective products lawyer team to stand by your side and deliver you the great financial recovery you deserve.
In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Odessa and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Odessa, MO today at .
If you were hurt by a dangerous product in Odessa, MO, discover how much your claim may be worth by filling out our complimentary personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Odessa, 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 Odessa, MO?
The Consumer Product Safety Commission has found that hazardous products are responsible for more than 29 million injuries and 21,000 fatalities annually.
According to 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 incredible devastation that can be caused when manufacturers and distributors do not adhere to proper safety measures.
If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Odessa, MO for passionate, devoted and knowledgeable support and legal counsel.
What is the Process for Defective Products Claims in Odessa, MO?
- The company was involved in the product's chain of distribution.
- You used the product in a way easily anticipated.
- Either or both of the following conditions:
- The product had 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 "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to sale, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it may avoid liability if:
- The manufacturer is known, has not closed their business and can afford to reimburse you for the entirety of your damages.
- The vendor signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
- No other party in the case puts forward evidence that the vendor was involved in any other facet of the stream of commerce.
- The dismissal is requested to the court within 60 days.
If the above conditions are met, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise to blame for the hazardous condition or the manufacturer cannot pay for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery you are owed.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a dangerous 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 failure to warn product liability claims, and the burden of proof is on the defense.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury lawsuits in Odessa, MO are decided by the concept 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 if there a loose floor boards at a restaurant that cause you to fall they might be found responsible for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or defective products claims are determined by strict liability, 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, 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 Odessa, 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:
- Design Defect: A design defect is an innate imperfection in the design that subsequently affects all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- 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 hazardous, 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 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 proper instructions or warnings about inherent risks. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or not advising an appropriate age range for children if a toy or game is a choking hazard. 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 comprehensive safety protocols for verifying that their products will not pose a danger to the public. However, too often companies do not value our safety and spend more energy on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Odessa, MO will fight on your behalf and insist on only a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Odessa, MO
Manufacturers, distributors and anyone else in the stream of commerce will often rely on the concept of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for the defendants to posit that you share 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 to blame for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt a defendant makes to avoid their obligation to pay you for the damage their product did to you. Your Odessa, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances are present in your case:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller 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. By contrast, 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 be expected to foresee that happening.
- You used the product in a manner 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 considerably reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto 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 risks of the product while you were using it. This is often called as "Assumption of the risk," a principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
- 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 did not take necessary safety precautions. 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 obeyed proper protocols.
- You did not mitigate your damages. 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 they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.
Just because the defense can — and will — try to convince the court that comparative fault applies to your lawsuit, that does not mean they will be successful. Bullying corporations and insurance companies implement myriad dishonest ruses to try and devalue your claim, but your Odessa, 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 unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you are awarded, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law today at for legal representation that matches and surpasses that of bullying manufacturers and vendors and insurance companies.
Defective Vehicle Parts Lawyer in Odessa, MO
Our defective products lawyer team sees in Odessa, 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, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not function as they should. Common faulty automobile parts we see are:
- Fuel systems
- Windshield wipers
- Headlights and taillights
Alternative 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 Odessa, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Odessa, MO has seen be defective include:
- Artificial joints that can cause infections, limited mobility, 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 parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to perforated organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control implements that can perforate organs, lead to pelvic pain, abnormal bleeding and unplanned pregnancies
As the medical industry becomes more technologically advanced, 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 leading factor.
In 2017, the U.S. Health and Human Services Department reported that throughout 10 years 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 advanced medical devices might cause us immense pain instead of helping us. If a defective medical device ended up aggravating your condition, your Odessa, 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 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 mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 patients 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 are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client here:
Defective Drug Lawyer in Odessa, MO
The Federal Drug Administration has firm 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. With no absolute third-party testing many medications 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 they are supposed to be helping. 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 Odessa, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Hundreds of thousands of drugs and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you care about received injuries because of irresponsible pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from this world too soon.
Other common dangerous products we see in Odessa, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Odessa, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Odessa, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we strive to see the injured in Odessa and throughout Missouri collect 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 expenses and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Odessa, 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 Odessa, MO now at or contact us online to start on your journey to being made whole again.