Defective Products Lawyer in Platte County, MO.
Defective Products Lawyer in Platte County, MO. If you or someone you love sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Platte County, MO now at or fill out our online form for a free consultation.
Imagine what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around technology, and/or use your iPhone at various times during the day. You may drive go-carts on the weekend. You may even have a pacemaker or other medical implant. 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 buyer. When there is an error in that process and a product becomes dangerous, it can cause serious harm to you and your Platte County, MO family. When that happens to you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to stand in your corner and deliver you the best possible compensation you deserve.
In our 30 years of negotiation, litigation and trial experience, we have delivered our clients in Platte County and beyond more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Platte County, MO today at .
If you were injured by a defective product in Platte County, MO, discover how much your claim may be worth by utilizing our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Platte 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?
How Common Are Defective Products in Platte County, MO?
The Consumer Product Safety Commission estimates that defective products account for more than 29 million injuries and 21,000 deaths every year.
According to data from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous 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 ruin that can be caused when manufacturers and vendors do not follow the rules.
If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Platte County, MO for passionate, committed and knowledgeable support and legal advocacy.
How Defective Products Claims Work in Platte County, MO
- The defendant was involved in the product's design, manufacture, distribution and sale.
- The product was used in a way rationally expected.
- Either or both of the following conditions:
- The product had a faulty condition that was unreasonably dangerous when you bought the product that was the proximate cause of your injuries, and/or
- You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.
The "stream of commerce" refers to anyone involved in the product from initial design to purchase, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the lawsuit if:
- The manufacturer is known, has not closed their business and is financially capable of reimbursing you for the entirety of your damages.
- The seller makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
- There is no evidence is presented to the court that the seller took part in any other facet of the stream of commerce.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the above conditions are satisfied, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise at fault for the fault or the manufacturer is unable to compensate you for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every at-fault party is held responsible.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense will only work for for inadequate warning 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 suits in Platte County, MO are decided by the notion of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Platte County, MO roads. When someone fails in that duty, for example if sustain an injury because you were hit by a distracted driver they might be held liable for your damages and would owe you compensation.
However, most product liability or hazardous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is at fault for any injuries 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 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 it got into your hands.
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 flaw to all products with the same design. An example is a piece of clothing that is easily flammable.
- Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure 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 bugs or other contaminants found in beverages or a swing set with a cracked chain.
- Insufficient Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about inherent dangers. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer typically 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 meant to encourage corporations to implement comprehensive safety protocols for verifying the safety of their products. Even so, too often corporations do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Platte County, MO will fight by your side and demand nothing but a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Platte County, MO
An oft-used defense for manufacturers in a product liability claim is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to posit that you are responsible for a portion of the fault and, therefore, they are not liable for 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 responsible for your injuries, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt an entity involved in the chain of distribution makes to get out their responsibility to reimburse you for the harm they have caused. Your Platte County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may say you bear 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 has to make a product safe for ways that they can expect the public to use it. 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, the defendant will likely not be able to avoid liability altogether, but can significantly lower it but can considerably diminish 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 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 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 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 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 are your fault because you had not followed proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. For example, you cannot refuse to return to work when you are healthy enough to do so. The defense may say you have no right to ask them for money they do not owe you.
Just because people in the chain of distribution can — and will — work hard to persuade a jury that comparative fault applies to your claim, 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 Platte County, MO defective products lawyer at Burger Law knows how to effectively counterattack. 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 our only fee is a moderate percentage of the compensation you are awarded, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law today at for legal counsel that parallels and exceeds that of resistant corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Platte County, MO
Our defective products lawyer team sees in Platte County, 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 parts. Defective car parts can result in collisions and fires, and fail to protect occupants from harm as intended. Common dangerous motor vehicle components we see are:
- Fuel systems
- Electrical wires
- Steering systems
- Headlights and taillights
Alternative vehicles like 4-wheelers can also cause harm, 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 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 installed correctly. Common medical devices that your Burger Law defective products lawyer in Platte County, 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 frequent dislocations
- Pacemakers, which can cause infections or even wrongful death because of premature failures
- Robotic surgical assistants intended to operate on hard to reach areas which, when they malfunction, can cause perforated organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control implements that can puncture organs, result in pain in the pelvic region, excessive bleeding and unwanted pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the chief factor.
In 2017, the U.S. Health and Human Services Department stated that throughout a decade Medicare paid out at least $1.5 billion to replace over 73,000 faulty 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 ended up aggravating your condition, your Platte County, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights 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 ease their pain. 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 continue to take on Exactech Knee Replacement cases. You can view our original complaint by clicking the link below:
Defective Drug Lawyer in Platte County, MO
The Federal Drug Administration has stringent procedures that pharmaceutical companies must follow from manufacturing to delivery. 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 drugs 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 who need medicine and treatments that truly help their condition. 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 Platte County, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.
Hundreds of thousands of 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 someone you care about sustained injuries because of irresponsible 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 won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.
Other common dangerous products we file suit for in Platte County, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Platte County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Platte County, MO knows that being harmed by a hazardous product can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Platte County and throughout Missouri get the best possible compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on delivering you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical toll your injury has taken on you and your Platte County, 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 County, MO immediately at or contact us online to start on your journey to a true recovery.