have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Ozark, MO.
Defective Products Lawyer in Ozark, MO. If you or a loved one was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in Ozark, MO immediately at (314) 500-HURT or fill out our online form for a complimentary consultation.
Imagine your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your car, sit at in a chair or work around heavy machinery, and/or use your iPhone throughout the day. You may drive go-carts on the weekend. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of product that had to be designed, manufactured, shipped and bought. When there is an oversight in the stream of commerce and a product becomes dangerous, it can have a devastating impact on on your life and lives of those you love in Ozark, MO. If tragedy struck you, you need the experienced and devoted legal representation of Burger Law's defective products lawyer team to stand in your corner and get you the maximum compensation you are owed.
In our In our three decades of experience fighting for fairness and justice, we have won our clients in Ozark and beyond in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Ozark, MO right away at (314) 500-HURT.
If you were injured by a dangerous product in Ozark, MO, discover how much your claim may be worth by using our complimentary personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Ozark, 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 Ozark, MO?
The Consumer Product Safety Commission has found that faulty products result in more than 29 million injuries and 21,000 fatalities each year.
According to statistics 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 extreme destruction an unsafe product can cause.
If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Ozark, MO for passionate, dedicated and experienced support and legal advocacy.
What is the Process for Defective Products Claims in Ozark, MO?
According to Missouri Revised Statute §537.760, you and your Ozark, MO defective products lawyer can make a "strict liability" claim if three factors are true:
- The corporation was part of the product's chain of distribution.
- You used the product in a way reasonably expected.
- Either or both of the following conditions:
- The product was in a defective condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.
The "chain of distribution" refers to anyone involved in the product 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 can be dismissed from the lawsuit if:
- The manufacturer is known, has not closed their business and is financially capable of compensating you for all of your injuries.
- The entity that sold it makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
- No other party in the case presents evidence that the distributor was involved in any other part of the design and manufacturing process.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If those conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they had a larger role in the engineering of the product than they led on, were otherwise liable for the dangerous condition or the manufacturer is unable to compensate you for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every to-blame party is held responsible.
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 hit the shelves. This defense is only applicable to for inadequate warning defective products cases, and it is up to the defense to prove that there is no way they could have known about the hazardous 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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Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury claims in Ozark, MO are based on the notion of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Ozark, MO patients with a standard of care. When someone fails in that obligation, for example if are injured by a fatigued truck driver they may be held responsible for your damages and would owe you compensation.
However, most product liability or hazardous products claims are strict liability claims, meaning that anyone in the chain of distribution is responsible for any injuries that results 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 Ozark, 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 came into your possession.
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 afterwards affects all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
- 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, 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 using the wrong kind of screws or bolts.
- 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer typically does not have to warn against obvious dangers. For instance, they do not have to warn you that a match could start a fire.
Strict liability is meant to encourage corporations to implement comprehensive safety protocols for guaranteeing that their products will not pose a danger to the public. However, too often corporations are negligent and try to focus more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Ozark, MO will fight by your side and insist on only the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Ozark, MO
Manufacturers, sellers and anyone else in the chain of distribution will often rely on the concept of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to posit that you are liable for a portion of the fault and, therefore, they are not required to compensate you for your full financial recovery. 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, comparative negligence arguments are a disingenuous attempt a manufacturer makes to avoid their obligation to pay you for the harm they have caused. Your Ozark, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may say 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 a consumer to use it. For example, while chairs are meant to be sat on, standing on one to reach something is common. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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 reasonably foresee that use of the product.
- You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably decrease it but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto 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, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
- 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 were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you adhered to recommended precautions.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the financial recovery you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 manufacturer or distributor can — and will — assert that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies employ numerous dishonest ruses to try and lower your claim, but your Ozark, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you get, and you do not pay us anything until we win your case. Reach out to Burger Law now at (314) 500-HURT for legal representation that parallels and exceeds that of bullying manufacturers and distributors and insurance companies.
Defective Vehicle Parts Lawyer in Ozark, MO
Our defective products lawyer team sees in Ozark, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous automobile components we see are:
- Electrical wiring
- Door latches
- Headlights and taillights
Alternative vehicles like ATVs can also cause injuries, for instance many of them are prone to flipping 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 Ozark, MO
We trust 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 Ozark, MO has seen be defective include:
- Artificial hips, knees or other joints that can cause infections, instability, pain or frequent dislocations
- Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
- Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can result in pierced organs, infections and electrical burns
- Blood clot filters that permit free-floating blood clots to travel up to the lungs
- Permanent birth control devices that can puncture organs, cause pain in the pelvic region, excessive hemorrhaging and unplanned pregnancies
As the medical industry keeps coming up with 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, with software issues being the chief cause.
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 flawed cardiovascular devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a faulty medical device ended up aggravating your condition, your Ozark, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.
In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements degrade too quickly and have caused unthinkable pain and lifelong 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 got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can view our original complaint by clicking the link below:
Defective Drug Lawyer in Ozark, MO
The Federal Drug Administration has stringent protocols 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 drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over 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 Ozark, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.
Hundreds of thousands of medications and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about received injuries because of careless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer as soon as possible. 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 filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.
Other examples of defective products we collect compensation for our clients for in Ozark, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Call Burger Law Now
Ozark, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Ozark, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we have devoted our lives to seeing the injured in Ozark and throughout Missouri collect the best possible compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on getting you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Ozark, MO family. We will fight 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 Ozark, MO immediately at (314) 500-HURT or contact us online to take the first step toward being made whole again.