Defective Products Lawyer in Park Hills, MO.
Defective Products Lawyer in Park Hills, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Park Hills, MO now at or fill out our online form for a free case review.
Picture your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around heavy equipment, and/or use your iPhone throughout the day. You may go 4-wheeling on your days off. You may even have a ankle 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 buyer. When there is an error in the stream of commerce and a product becomes defective, it can have a catastrophic impact on on your life and lives of those you love in Park Hills, MO. If tragedy struck you, you need the expert and devoted legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the maximum financial recovery you deserve.
In our In our 30 years of experience standing up for fairness and justice, we have secured our clients in Park Hills and beyond over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Park Hills, MO today at .
If you were harmed by a dangerous product in Park Hills, MO, see how much your claim may be worth by filling out our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Park Hills, 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?
Park Hills, MO Defective Products Statistics
The Consumer Product Safety Commission has found that faulty products account for over 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 devastation an unsafe product can cause.
If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in Park Hills, MO for understanding, dedicated and expert support and legal advocacy.
What is the Process for Defective Products Claims in Park Hills, MO?
- The corporation was involved in the product's design, manufacture, distribution and sale.
- You used the product in a way reasonably expected.
- Either or both of the following conditions:
- The product had a faulty condition that was unreasonably hazardous when it left the manufacturer's or distributor's and your injuries are a direct result of that defect, 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 the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller 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 compensating you for all of your damages.
- The seller 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 submits evidence that the vendor took part in any other aspect of the stream of commerce.
- The dismissal is requested to the judge within 60 days.
If the aforementioned conditions are satisfied, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates 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 the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation you are owed.
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 was introduced to the public. This defense is only valid for failure to warn product liability cases, 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 cases in Park Hills, MO are determined by the conception of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Park Hills, MO roads. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found accountable for your damages and would have to pay you a financial recovery.
By contrast, most product liability or defective products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is to blame 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 Park Hills, 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 fault in the design that afterwards passes the fault to all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
- 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 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
- Insufficient Warnings and Instructions: 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 come about 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. A manufacturer generally does not have to warn against risks 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 meant to incentivize corporations to implement comprehensive safety protocols for guaranteeing the safety of their products. Even so, too often corporations are negligent and try to focus more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Park Hills, MO will fight on your behalf and insist on only a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Park Hills, MO
An oft-used defense for manufacturers in a product liability lawsuit is that you are at fault for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to argue that you are liable for a portion of your damages and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for the accident, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to eschew their obligation to pay you for the harm they have caused. Your Park Hills, 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, while chairs are meant to be sat on, 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. On the other hand, 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 the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid liability 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 theory in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
- You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 harmed doing such a thing.
- You neglected to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 did not 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 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 vendor can — and will — argue that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ a variety of deceitful tactics to try and lower your claim, but your Park Hills, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you 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 our only fee is a moderate percentage of the compensation you collect, and we do not collect any attorney's fees until you get the great compensation you deserve. Call Burger Law right away at for legal counsel that matches and surpasses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Park Hills, MO
Our defective products lawyer team sees in Park Hills, 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 individual cars and vehicle components were recalled in the United States. Defective car parts can cause accident and fires, and fail to protect occupants from harm as intended. Common faulty motor vehicle components we see are:
- Fuel systems
- Electrical wires
- Engine cooling fan blades
Offroad vehicles like ATVs can also cause injuries, 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 Park Hills, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Park Hills, MO has seen cause further complications for patients are:
- Artificial hips, knees or other joints that can lead to infections, limited mobility, 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 parts of the body that are difficult for a surgeon to manually reach that, when defective, can result in perforated 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 perforate organs, lead to pain in the pelvic region, abnormal bleeding 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 gone up exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to issues with software.
In 2017, the U.S. Health and Human Services Department found that throughout 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 faulty cardiovascular devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a flawed medical device caused you damages, your Park Hills, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed 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 improperly packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused unthinkable pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was contacted 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 by clicking the link below:
Defective Drug Lawyer in Park Hills, MO
The Federal Drug Administration has stringent protocols that pharmaceutical companies must adhere to from manufacturing to sale. 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 independent testing many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Park Hills, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Four thousand five hundred drugs 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 care about received injuries because of careless pharmaceutical companies and corporations, reach out to 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 filed suits for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.
Other examples of dangerous products we see in Park Hills, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Park Hills, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Park Hills, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we endeavor to see the injured in Park Hills and throughout Missouri get 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 getting you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical toll your injury has inflicted on you and your Park Hills, 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 Park Hills, MO today at or contact us online to start on your journey to true healing.