have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Osage Beach, MO.
Defective Products Lawyer in Osage Beach, MO. If you or someone you love was hurt by a dangerous product, call a Burger law defective products lawyer in Osage Beach, MO now at (314) 500-HURT or fill out our online form for a free consultation.
Picture your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit at in a chair or work around technology, and/or use your android at various times during the day. You may go boating on your days off. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was designed, produced, packaged and purchased. When there is a breakdown in that process and a product becomes defective, it can have a devastating impact on on your life and lives of those you love in Osage Beach, MO. When that happens to you, you need the accomplished and devoted legal representation of Burger Law's defective products lawyer team to stand in your corner and secure you the great compensation you deserve.
In our In our 30 years of experience standing up for the rights of the injured and vulnerable, we have won our clients in Osage Beach and beyond over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Osage Beach, MO today at (314) 500-HURT.
If you were harmed by a faulty product in Osage Beach, MO, find out how much your claim may be worth by utilizing our complimentary personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Osage Beach, 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 Osage Beach, MO?
The Consumer Product Safety Commission states that hazardous products cause more than 29 million injuries and 21,000 deaths every year.
According to statistics 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 unbelievable destruction that can be caused when manufacturers and vendors do not adhere to adequate safety protocols.
If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Osage Beach, MO for passionate, devoted and knowledgeable support and legal counsel.
What is the Process for Defective Products Claims in Osage Beach, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Osage Beach, MO defective products lawyer can file a "strict liability" suit if three factors are met:
- The defendant was involved in the product's design, manufacture, distribution and sale.
- The product was used in a manner reasonably anticipated.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor's that was the proximate cause of your injuries, 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 involved in the product from initial design to purchase, including a distributor or seller. Pursuant to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it may be dismissed from the suit if:
- The manufacturer is known, has not closed their business and can afford to pay for the entirety of your injuries.
- The vendor signs an affidavit under threat of perjury that their only involvement in the process was selling it.
- There is no evidence is brought in front of the court that the vendor was involved in any other part of the stream of commerce.
- The motion to dismiss is filed within 60 days.
If the aforementioned conditions are satisfied, the distributor 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 engineering of the product, were otherwise responsible for the fault or the manufacturer is unable to reimburse you for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great compensation you are owed.
Missouri Revised Statute §537.764 provides one defense 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 was introduced to the public. This defense is only applicable to for inadequate warning product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.
Have You Been Injured from a Dangerous Product?
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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Negligence vs. Strict Liability in Defective Products Cases
The majority of personal injury lawsuits in Osage Beach, MO are won or lost based on the idea of negligence. We all have an obligation to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Osage Beach, MO roads. When someone fails in that duty, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be held liable for your damages and would have to pay you compensation.
By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable for any injuries 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 Osage Beach, 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 — when it left the manufacturer's or distributor's control.
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 flaw in the design that subsequently 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.
- Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either only make one product dangerous, 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 bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
- Insufficient 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 arise from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product generally does not have to warn against risks that a reasonable person would anticipate. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is meant to incentivize corporations to implement exhaustive safety protocols for ensuring that their products will not pose a danger to the public. However, too often corporations are negligent and spend more energy on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Osage Beach, MO will hold them accountable by conducting a full investigation of your case and insisting on only maximum compensation.
Comparative Negligence in Defective Productions Claims in Osage Beach, MO
Manufacturers, distributors and anyone else in the chain of distribution will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for those in the chain of distribution to posit that you are responsible for a portion of your damages 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 your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a manufacturer makes to get out their responsibility to pay you for the harm they have caused. Your Osage Beach, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative fault if the following situations apply:
- 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, 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. 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 reasonably foresee that happening.
- You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can significantly lower 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 concept in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
- You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
- You did not follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not followed recommended safety measures.
- You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. 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 manufacturer or seller can — and will — work hard to persuade a jury that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies implement myriad tricks to try and devalue your claim, but your Osage Beach, 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 who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the compensation you are awarded, and you do not pay us anything until we win your case. Call Burger Law immediately at (314) 500-HURT for legal counsel that rivals and exceeds that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Osage Beach, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Osage Beach, 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 lead to wrecks and fires, and fail to protect occupants from harm as intended. Common defective automobile components we see are:
- Electrical wires
Alternative vehicles like 4-wheelers can also cause damage, for instance many of them are prone 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 Osage Beach, MO
We need 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 Osage Beach, MO has seen be defective include:
- Artificial joints that can result in infections, instability, chronic soreness or recurring dislocations
- Cardiovascular devises, 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 faulty, can result in pierced organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control implements that can puncture organs, result in pelvic pain, excessive hemorrhaging and unintended pregnancies
As the medical industry keeps implementing new technologies, the amount of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly because of issues with software.
In 2017, the U.S. Health and Human Services Department stated that throughout a decade Medicare paid out at least $1.5 billion to replace over 73,000 flawed 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 defective medical device caused you injuries, your Osage Beach, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.
In February 2022, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused incredible pain and lifelong damage to potentially 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 are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint by clicking the link below:
Defective Drug Lawyer in Osage Beach, MO
The Federal Drug Administration has strict procedures that pharmaceutical companies must adhere to from manufacturing to delivery. 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 drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations 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 Osage Beach, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.
Four thousand five hundred 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 someone you love had your condition deteriorate because of reckless pharmaceutical companies and corporations, call 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 they have caused. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.
Other common dangerous products we file suit for in Osage Beach, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Call Burger Law Now
Osage Beach, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Osage Beach, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have devoted our careers to seeing the vulnerable in Osage Beach 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 toll your injury has taken on you and your Osage Beach, 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 Osage Beach, MO right away at (314) 500-HURT or contact us online to start on the path to being made whole again.