Defective Products Lawyer in Old Jamestown, MO.
Defective Products Lawyer in Old Jamestown, MO. If you or someone you love was hurt by a dangerous product, call a Burger law defective products lawyer in Old Jamestown, MO now at or fill out our online form for a free case review.
Imagine what you do every day: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around machines, and/or use your iPhone at various times during the day. You may go boating on the weekend. You may even have a joint 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 shelves. When there is an oversight in that process and a product becomes hazardous, it can have a ruinous impact on Old Jamestown, MO individuals and families. When that happens to you, you need the expert and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the best possible compensation you are owed.
In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have won our clients in Old Jamestown and throughout Missouri 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 Old Jamestown, MO now at .
If you were hurt by a defective product in Old Jamestown, MO, learn how much your claim may be worth by using our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Old Jamestown, 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?
Old Jamestown, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that faulty products result in more than 29 million injuries and 21,000 deaths annually.
Based on facts 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 ruin an unsafe product can cause.
If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Old Jamestown, MO for understanding, dedicated and experienced support and legal advocacy.
What is the Process for Defective Products Claims in Old Jamestown, MO?
- The defendant was involved in the product's design, manufacture, distribution and sale.
- The product was used in a manner logically anticipated.
- Either or both of the following conditions:
- The product was in a faulty condition that was unreasonably hazardous when you bought the product 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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to sale, including a distributor or vendor. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may avoid liability 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 entity that sold it signs an affidavit under oath that their only involvement in the stream of commerce was selling it.
- There is no evidence is brought in front of the court that the seller took part in any other part of the chain of distribution.
- The motion to dismiss is filed within 60 days.
If those conditions are satisfied, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise at fault for the hazardous condition or the manufacturer cannot reimburse you for all 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 compensation you deserve.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense is only applicable to for failure to warn defective products lawsuits, and the burden of proof is on the defense.
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury lawsuits in Old Jamestown, MO are based on the conception of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if are injured by a fatigued truck driver they may be held liable for your damages and would owe you compensation.
However, most product liability or defective products cases are strict liability claims, meaning that a designer, manufacturer or vendor is at fault 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 Old Jamestown, 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 inherent defect in the design that afterwards affects all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
- Inadequate Warnings and Instructions: 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 hazard that could come about 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. A manufacturer typically does not have to warn against dangers that a reasonable person would anticipate. For instance, they do not have to warn you that a match could start a fire.
Strict liability is intended to hold corporations accountable and persuade them to implement exhaustive safety protocols for guaranteeing the safety of their products. Even so, 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. In those cases, your Burger Law defective products lawyer in Old Jamestown, MO will fight by your side and demand only the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Old Jamestown, MO
Manufacturers, distributors and anyone else in the stream of commerce will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or seller to posit that you are responsible 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 to blame for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to avoid their duty to reimburse you for the damage their product did to you. Your Old Jamestown, 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 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 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 manner 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 reduce it. Say 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 principle in tort claims wherein, 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 hurt doing such a thing.
- You failed to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. 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 failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. 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 the defense can — and will — argue that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies implement a lot of deceitful tactics to try and devalue your claim, but your Old Jamestown, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you collect, and you owe us nothing until we win your case. Call Burger Law now at for legal counsel that parallels and eclipses that of bullying corporations and insurance companies.
Defective Vehicle Parts Lawyer in Old Jamestown, MO
Our defective products lawyer team sees in Old Jamestown, 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 result in accident and fires, and lead to further injuries when the safety components to not work as they should. Common faulty car parts we see are:
- Fuel systems
- Electrical wires
- Steering systems
- Headlights and taillights
Alternative 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 Old Jamestown, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Old Jamestown, MO has seen cause further complications for patients include:
- Artificial hips, knees or other joints that can cause infections, instability, chronic soreness or frequent dislocations
- Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
- Surgical robots designed to operate on hard to reach areas which, when defective, can cause punctured organs, infections and electrical burns
- Blood clot filters that allow dislodged blood clots to travel up to the lungs
- Permanent birth control devices that can perforate organs, lead to pelvic pain, abnormal bleeding and unplanned pregnancies
As the medical industry keeps implementing more and more advanced technologies, the amount of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the number one cause.
In 2017, the U.S. Health and Human Services Department reported that over the span of a decade Medicare had to spend at least $1.5 billion to replace more than 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 easing it. If a defective medical device caused you injuries, your Old Jamestown, 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. Because of oversights in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 patients who had received the replacement joint. When Burger Law was retained 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 read the complaint we filed for our first client here:
Defective Drug Lawyer in Old Jamestown, MO
The Federal Drug Administration has stringent protocols that pharmaceutical companies must follow from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. With no absolute third-party testing many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people who need medicine and treatments that are truly effective. 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 Old Jamestown, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Hundreds of thousands of prescriptions 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 family member had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from their family too soon.
Other common dangerous products we file suit for in Old Jamestown, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Old Jamestown, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Old Jamestown, MO knows that being injured by a faulty product can completely disrupt your life. That is why we endeavor to see the injured in Old Jamestown and throughout Missouri be compensated 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 securing 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 Old Jamestown, MO family. We will stand by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Old Jamestown, MO right away at or contact us online to take the first step toward true healing.