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Defective Products Lawyer in Pike County, MO.
Defective Products Lawyer in Pike County, MO. If you or someone you love sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Pike County, MO right away at (314) 500-HURT or fill out our online form for a complimentary consultation.
Imagine what you do every day: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around machines, and/or use your iPhone throughout the day. You may use lawnmowers 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 market. When there is an error in the chain of distribution and a product becomes dangerous, it can cause serious harm to you and your Pike County, MO family. If tragedy struck you, you need the skilled and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and secure you the best possible financial recovery you are owed.
In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have delivered our clients in Pike County and beyond more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Pike County, MO immediately at (314) 500-HURT.
If you were injured by a faulty product in Pike County, MO, discover how much your claim may be worth by using our complimentary personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Pike County, 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?
Pike County, MO Defective Products Statistics
The Consumer Product Safety Commission has found that defective products are responsible for over 29 million injuries and 21,000 deaths every year.
According to 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 incredible ruin that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.
If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Pike County, MO for passionate, dedicated and experienced support and legal counsel.
How Defective Products Claims Work in Pike County, MO
Under Missouri Revised Statute §537.760, you and your Pike County, MO defective products lawyer can can hold a person or corporation responsible for your injuries if three conditions are met:
- The company was involved in the product's chain of distribution.
- You used the product in a way easily expected.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or distributor's 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 involved in the product from initial design to purchase, including a distributor or seller. Pursuant to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may avoid liability if:
- The manufacturer is known, still exists and can afford to compensate you for the entirety of your injuries.
- The seller signs an affidavit under oath that they had nothing to do with the product beyond selling it.
- No other party in the case submits evidence that the distributor was involved in any other facet of the design and manufacturing process.
- The dismissal is requested to the court within 60 days.
If the above conditions are met, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they had a larger role in the design and manufacture of the product than they implied, were otherwise liable for the dangerous condition or the manufacturer is unable to reimburse you for all of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court 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 was introduced to the public. This defense will only work for for failure to warn product liability claims, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.
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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The Difference Between Strict Liability and Negligence in Defective Products Cases
The majority of personal injury lawsuits in Pike County, MO are decided by the conception 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 is negligent, for example if sustain an injury because you were hit by a distracted driver they may be found responsible for your damages and would have to pay you compensation.
By contrast, most product liability or dangerous products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is responsible for any damage that stems from 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 Pike County, 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 you acquired it.
Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous:
- Design Defect: A design defect is an inherent imperfection in the design that afterwards affects 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: A product can be designed effectively and safely but still become hazardous because of a failure in the manufacturing process. This can either only make one product dangerous, 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 incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
- Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: 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 generally does not have to warn against obvious dangers. 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 thorough safety protocols for verifying that their products will not put the people who use it at risk. Even so, too often companies are negligent and spend more energy on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Pike County, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but complete compensation.
Comparative Negligence in Defective Productions Claims in Pike County, MO
Manufacturers, distributors and anyone else in the stream of commerce will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to argue that you share a portion of your injuries and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the stream of commerce makes to get out their obligation to pay you for the damage their product did to you. Your Pike County, MO defective products lawyer at Burger Law will not let them get away with it. 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 seller is only responsible for ensuring the product is safe for reasonable or predictable use. 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 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 manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to completely avoid liability but can considerably lower 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 principle 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 injured doing such a thing.
- You neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution from liability. 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 recommended safety measures.
- You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. 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 — argue that comparative fault applies to your injuries, that does not mean they will be successful. Powerful corporations and insurance companies use a lot of deceitful tactics to try and lower your claim, but your Pike County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies have a lot of money to throw at their defense 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 financial recovery you collect, and you owe us nothing until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal advocacy that rivals and eclipses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Pike County, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Pike County, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in collisions and fires, and lead to further injuries when the safety components to not work as they should. Common defective automobile components we see are:
- Electrical systems
- Door latches
- Engine cooling fan blades
Offroad 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 Pike County, MO
We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Pike County, MO has seen be defective include:
- Artificial hips, knees or other 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 designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause punctured organs, infections and electrical burns
- Blood clot filters that allow free-floating blood clots to invade the lungs
- Permanent birth control implements that can perforate organs, cause pain in the pelvic region, excessive blood loss and unintended pregnancies
As the medical industry keeps coming up with more and more advanced technologies, the amount of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly owing to problems with software.
In 2017, the U.S. Health and Human Services Department found that over a decade Medicare paid out at least $1.5 billion to replace over 73,000 flawed heart devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a defective medical device caused you damages, your Pike County, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive 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 degrade too quickly and have caused unimaginable pain and lifelong damage to possibly 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 continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Pike County, MO
The Federal Drug Administration has stringent procedures 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. That means that many drugs reach the market without an objective analysis of the potential drawbacks compared to the 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, 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 Pike County, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.
Four thousand five hundred medications 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, get in touch with a Burger Law defective products injury lawyer immediately. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from this world too soon.
Other examples of dangerous products we see in Pike County, 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
Pike County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Pike County, MO knows that being injured by a faulty product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Pike County and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on delivering you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Pike County, 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 Pike County, MO immediately at (314) 500-HURT or contact us online to take the first step toward true healing.