Defective Products Lawyer in Pacific, MO.
Defective Products Lawyer in Pacific, MO. If you or a family member was injured by a dangerous product, call a Burger law defective products lawyer in Pacific, MO today at or fill out our online form for a free case evaluation.
Imagine what you do every day: 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 on and off throughout the day. You may go boating on your days off. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of technology that at one point was designed, produced, shipped and bought. When there is an oversight in that process and a product becomes dangerous, it can have a devastating effect on Pacific, MO individuals and families. When that happens to you, you need the accomplished and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and deliver you the best possible financial recovery you are owed.
In our In our 70 years of combined experience standing up for fairness and justice, we have won our clients in Pacific and beyond over $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Pacific, MO immediately at .
If you were hurt by a faulty product in Pacific, MO, find out how much your claim may be worth by utilizing our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Pacific, 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?
Pacific, MO Defective Products Statistics
The Consumer Product Safety Commission states that dangerous products result in in excess of 29 million injuries and 21,000 fatalities annually.
According to statistics from the Insurance Information Institute, in 2019 the mean average that people injured by faulty 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 an unsafe product can cause.
If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Pacific, MO for passionate, devoted and expert support and legal counsel.
What is the Process for Defective Products Claims in Pacific, MO?
- The company was involved in the product's chain of distribution.
- The product was used in a manner reasonably anticipated.
- Either or both of the following conditions:
- The product had a faulty 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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the claim if:
- The manufacturer is known, still exists and is financially capable of compensating you for the entirety of your injuries.
- The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- There is no evidence is submitted to the court that the vendor was involved in any other aspect of the chain of distribution.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the aforementioned 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 shows that they had a larger role in the production of the product than they implied, were otherwise to blame for the defect or the manufacturer cannot reimburse you 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 that they owe you.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be entirely understood before use by the consumer. This defense is only applicable to for inadequate warning defective products lawsuits, 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 claims in Pacific, MO are won or lost based on the notion of negligence. We all have a duty 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 is negligent, for example if are injured by a fatigued truck driver they can be found accountable for your damages and would have to pay you compensation.
By contrast, most product liability or dangerous products claims are determined by strict liability, meaning that anyone in the chain of distribution 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:
- Design Defect: A design defect is an innate flaw in the design that afterwards affects all products with the same design. An example is a piece of clothing that is easily flammable.
- 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 only make one product faulty, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be bugs or other contaminants found in beverages or a swing set with a cracked chain.
- Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger that could arise from normal use of the product. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product typically does not have to warn against risks that a reasonable person would anticipate. For example, they do not have to warn you that a match could start a fire.
Strict liability is intended to encourage corporations to implement exhaustive safety procedures for ensuring the safety of their products. However, too often companies are negligent and concentrate more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Pacific, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but complete compensation.
Comparative Negligence in Defective Productions Claims in Pacific, MO
A common defense for manufacturers in a defective products lawsuit is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to put forth the defense that you are liable for a portion of your injuries and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to eschew their obligation to reimburse you for the harm they have caused. Your Pacific, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:
- 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, while chairs are meant for sitting, it is easy to predict that someone will stand on one. 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 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 chain of distribution will not be able to completely avoid fault but can considerably lower 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 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 theory 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 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 hurt 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 highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not obeyed proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot seek unnecessary medical treatment. 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 people in the chain of distribution can — and will — work hard to persuade a jury that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies use myriad deceitful tactics to try and devalue your claim, but your Pacific, 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 do not have the same resources. All you will ever owe is a contingency fee, which means our only fee is 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 for legal advocacy that parallels and exceeds that of bullying corporations and insurance companies.
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 it takes to make them run. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in accident and fires, and lead to further injuries when the safety components to not function as they should. Common faulty motor vehicle parts we see are:
- Electrical wires
- Door latches
Offroad vehicles like 4-wheelers 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 Pacific, MO
Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us further injuries when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Pacific, MO has seen be defective are:
- Artificial joints that can cause infections, instability, pain or frequent dislocations
- Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as expected
- Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause pierced organs, infections and electrical burns
- Blood clot filters that permit free-floating blood clots to invade the lungs
- Permanent birth control devices that can perforate organs, result in pelvic pain, abnormal bleeding and unwanted pregnancies
As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has skyrocketed. 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 found that over a decade 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 extensive pain instead of helping us. If a faulty medical device ended up aggravating your condition, your Pacific, 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused incredible pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. 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 are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint here:
Defective Drug Lawyer in Pacific, MO
The Federal Drug Administration has firm protocols that pharmaceutical companies must adhere to from manufacturing to sale. 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 independent testing many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line over the safety of the people they are supposed to be helping. 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 Pacific, 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 annually, and many of them have already been widely ingested and used. If you or a family member had your condition deteriorate because of careless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer now. We fight hard to see justice restored by winning you compensation and holding negligent corporations responsible. 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 defective products we collect compensation for our clients for in Pacific, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Pacific, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Pacific, MO knows that being injured by a dangerous product can completely upend 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 get the best possible 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 wining you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Pacific, 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 Pacific, MO right away at or contact us online to start on the path to being made whole again.