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Defective Products Lawyer in Pacific, MO.

Defective Products Lawyer in Pacific, MO. If you or a loved one was injured by a dangerous product, reach out to a Burger law defective products lawyer in Pacific, MO today at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Imagine your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around technology, and/or use your android on and off throughout the day. You may go boating on the weekend. 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 hazardous, it can cause serious injuries to you and your Pacific, MO family. When that happens to you, you need the experienced and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and deliver you the best possible compensation you deserve.

In our In our three decades of experience fighting for fairness and justice, we have secured our clients in Pacific and beyond more than $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Pacific, MO now at (314) 500-HURT.

If you were injured by a dangerous product in Pacific, MO, discover how much your claim may be worth by filling out our complimentary personal injury calculator.



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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Pacific, MO:

Pacific, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that hazardous products are responsible for over 29 million injuries and 21,000 deaths every year.

According to data 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 incredible devastation an unsafe product can cause.

If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Pacific, MO for passionate, dedicated and expert support and legal advocacy.

How Defective Products Claims Work in Pacific, MO

According to Missouri Revised Statute §537.760, you and your Pacific, MO defective products lawyer can make a "strict liability" claim if three conditions are true:

  1. The corporation was part of the product's stream of commerce.
  2. The product was used in a manner reasonably expected.
  3. Either or both of the following conditions:
    1. The product had a faulty condition that was unreasonably dangerous when it left the manufacturer's or vendor's that caused you direct harm, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "chain of distribution" refers to anyone involved in the product from initial conception to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product can avoid liability if:

  • You discover who the manufacturer is, it has not closed their business and is financially capable of paying you for all of your injuries.
  • The entity that sold it makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is presented to the court that the vendor took part in any other aspect of the chain of distribution.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the aforementioned conditions are fulfilled, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they had a larger role in the design and manufacture of the product than they led on, were otherwise at fault for the hazardous condition 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 lawsuit and ensure that every at-fault party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat 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 went to market. This defense will only work for for inadequate warning product liability claims, 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 Pacific, MO are based on the concept of negligence. We all owe each other a duty of care 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 responsibility, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they can 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 dangerous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is responsible 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 Pacific, 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:

  1. Design Defect: A design defect is an inherent imperfection in the design that subsequently affects all products with the same design. An example is a toy intended for children that contains a choking hazard.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either only make one product defective, 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 leaving sharp edges on plastic or other materials.
  3. Inadequate Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger 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. The company that makes a product typically does not have to warn against risks that a reasonable person would foresee. For example, 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 comprehensive safety procedures for ensuring the safety of their products. However, too often companies do not value our safety and spend more energy on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Pacific, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Pacific, MO

A common defense for manufacturers in a defective products claim is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for those in the chain of distribution to posit that you share a portion of the fault and, therefore, they do not have to pay you 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 at fault for the accident, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt a manufacturer makes to get out their responsibility to pay you for the damage their product did to you. Your Pacific, MO defective products lawyer at Burger Law will not let them get away with it. Pursuant to the statute, the defense may argue 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 manner the manufacturer could foresee. A manufacturer or vendor 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 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 way 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 reduce it. Suppose 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 knew of inherent risks of the product while you were using it. This is often called as "Assumption of the risk," a concept in tort claims whereby, if the injured party was aware of risks, 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 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 took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not followed proper protocols.
  • You failed to 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 seek unnecessary medical treatment. 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 — work hard to persuade a jury that comparative fault applies to your injuries, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ myriad dishonest ruses to try and lower your claim, but your Pacific, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the compensation you receive, and we do not collect any attorney's fees until we win your case. Call Burger Law now at (314) 500-HURT for legal advocacy that matches and eclipses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Pacific, MO

Our defective products lawyer team sees in Pacific, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not work as they should. Common faulty automobile parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical systems
  • Wheels
  • Steering systems
  • Accelerators

Alternative vehicles like 4-wheelers 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 Pacific, 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. Common medical devices that your Burger Law defective products lawyer in Pacific, MO has seen cause further complications for patients include:

  • Artificial hips, knees or other joints that can result in infections, instability, pain or recurring dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can result in pierced 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 perforate organs, lead to pain in the pelvic region, excessive hemorrhaging and unintended pregnancies

As the medical industry keeps inventing more and more advanced technologies, medical device recalls have gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the number one cause.

In 2017, the U.S. Health and Human Services Department reported that in the course of 10 years Medicare had to spend at least $1.5 billion to replace in excess of 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 defective medical device caused you damages, your Pacific, MO defective injuries lawyer at Burger Law will hold the responsible 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, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused incredible pain and permanent damage to potentially as many as 150,000 people who had received the replacement joint. 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:

View Complaint

Defective Drug Lawyer in Pacific, MO

The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. 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 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 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 Pacific, MO to stand up to these bullying corporations and make them realize that their behavior is unacceptable.

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 a loved one received injuries because of irresponsible pharmaceutical companies and manufacturers, contact 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 accountable. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from this world too soon.

Other common dangerous products we collect compensation for our clients for in Pacific, MO include:

  • Children's toys
  • Chemicals such as week killer
  • Baby powder
  • Household appliances
  • Industrial machinery
  • Cell phone batteries
  • Beauty products

Call Burger Law Now

Pacific, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Pacific, MO knows that when manufacturers and vendors 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 strive to see the injured in Pacific and throughout Missouri receive full compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. 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 Pacific, MO family. We will fight by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Pacific, MO now at (314) 500-HURT or contact us online to start on your journey to true healing.

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