Defective Products Lawyer in Platte City, MO.
Defective Products Lawyer in Platte City, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Platte City, MO now at or fill out our online form for a free consultation.
Imagine your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around technology, and/or use your android at various times during the day. You may go 4-wheeling on your free days. 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 at one point was designed, produced, packaged and bought. When there is a breakdown in the chain of distribution and a product becomes dangerous, it can cause severe harm to you and your Platte City, MO family. If tragedy struck you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and win you the great compensation you deserve.
In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have won our clients in Platte City and throughout Missouri more than $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Platte City, MO now at .
If you were harmed by a faulty product in Platte City, MO, discover how much your claim may be worth by using our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Platte City, 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?
Platte City, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that dangerous products are responsible for more than 29 million injuries and 21,000 deaths each year.
Based on data 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 incredible destruction an unsafe product can cause.
If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Platte City, MO for understanding, devoted and skilled support and legal counsel.
How Defective Products Claims Work in Platte City, MO
- The company was part of the product's design, manufacture, distribution and sale.
- The product was used in a way reasonably anticipated.
- Either or both of the following conditions:
- The product was in a faulty condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, and/or
- Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.
The "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can be dismissed from the lawsuit if:
- The manufacturer is known, still exists and is able to compensate you for the entirety of your injuries.
- The distributor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- There is no evidence is submitted to the court that the distributor was involved in any other aspect of the design and manufacturing process.
- The dismissal is requested to the court within 60 days.
If those conditions are fulfilled, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they led on, were otherwise to blame for the defect or the manufacturer cannot reimburse you for all of the economic, physical and emotional hardships 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 accountable.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be completely understood before use by the consumer. This defense will only work for for inadequate warning 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.
Negligence vs. Strict Liability in Defective Products Cases
Most personal injury cases in Platte City, MO depend on the idea of negligence. We all have an obligation to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that responsibility, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found accountable for your damages and would have to pay you compensation.
By contrast, most product liability or dangerous products cases are strict liability claims, meaning that a designer, manufacturer or vendor is to blame for any damage a product causes, irrespective of negligence. 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 Platte City, 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 innate flaw in the design that afterwards passes the flaw to all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
- Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either affect only one product, 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 installing outdated components or a swing set with a cracked chain.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: 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 hazard that could come about 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product generally does not have to warn against obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to incentivize corporations to implement comprehensive safety procedures for guaranteeing that their products will not put the people who use it at risk. However, too often companies do not value our safety and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Platte City, MO will fight on your behalf and insist on nothing but a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Platte City, MO
Manufacturers, sellers and anyone else in the chain of distribution will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the defendants to put forth the defense that you are liable for a portion of the fault and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame 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 avoid their responsibility to reimburse you for the harm they have caused. Your Platte City, 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 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, 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. By contrast, if you put wheels on a chair and are injured racing it down the street, you likely do not have a claim because the manufacture would not be expected to foresee that happening.
- You used the product in a manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to completely avoid fault but can significantly decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto wreck. 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 concept 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously injured doing such a thing.
- You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. If you were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you obeyed proper protocols.
- You failed to 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 manufacturer or vendor can — and will — assert that comparative fault applies to your lawsuit, that does not mean they will be successful. Powerful corporations and insurance companies employ a lot of deceitful tactics to try and devalue your claim, but your Platte City, MO defective products lawyer at Burger Law knows how to combat them. We know these companies will try everything to avoid paying you 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 get paid a moderate percentage of the financial recovery you get, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law today at for legal representation that rivals and exceeds that of resistant manufacturers and sellers and insurance adjusters.
Defective Vehicle Parts Lawyer in Platte City, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Platte City, MO. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common faulty car components we see are:
- Electrical systems
- Door latches
- Engine cooling fan blades
Offroad vehicles like ATVs can also cause injuries, 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 Platte City, MO
We need medical devices to enhance and extend our lives. 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 Platte City, MO has seen cause further injuries to patients are:
- Artificial joints that can cause infections, limited mobility, chronic soreness or repeated dislocations
- Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as expected
- Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in perforated organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control implements that can puncture organs, cause pain in the pelvic region, excessive hemorrhaging and unintended pregnancies
As the medical industry keeps implementing more and more advanced technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to defects in software.
In 2017, the U.S. Health and Human Services Department stated that over 10 years Medicare spent at least $1.5 billion to replace over 73,000 flawed heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a flawed medical device caused you injuries, your Platte City, 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.
Earlier this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were built 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 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 our original complaint here:
Defective Drug Lawyer in Platte City, MO
The Federal Drug Administration has strict procedures 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 independent testing many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations 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 Platte City, MO to stand up to these bullying corporations and let them know that their behavior is intolerable.
Four thousand five hundred prescriptions and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or a loved one received injuries because of careless pharmaceutical companies and corporations, call 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 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 file suit for in Platte City, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Platte City, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Platte City, 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 strive to see the injured in Platte City and throughout Missouri recover 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, as well as the mental and physical toll your injury has inflicted on you and your Platte City, 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 Platte City, MO immediately at or contact us online to start on the path to true healing.