Defective Products Lawyer in Pulaski County, MO.
Defective Products Lawyer in Pulaski County, MO. If you or a family member was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Pulaski County, MO immediately at or fill out our online form for a complimentary case evaluation.
Imagine what your daily like looks like: 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 car, sit by a computer or work around heavy equipment, and/or use your android on and off throughout the day. You may drive go-carts on your days off. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that had to be designed, produced, packaged and bought. When there is an oversight in the stream of commerce and a product becomes dangerous, it can have a disastrous impact on on your life and lives of those you love in Pulaski County, MO. When that happens to you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the best possible financial recovery you are owed.
In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Pulaski County and beyond over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Pulaski County, MO immediately at .
If you were injured by a faulty product in Pulaski County, MO, learn how much your claim may be worth by filling out our free personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Pulaski 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 Pulaski County, MO?
The Consumer Product Safety Commission has found that faulty products cause in excess of 29 million injuries and 21,000 fatalities each year.
According to statistics 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 shows the extreme ruin that can be caused when manufacturers and vendors do not obey adequate safety protocols.
If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Pulaski County, MO for compassionate, devoted and skilled support and legal counsel.
How Defective Products Claims Work in Pulaski County, MO
- The company was involved in the product's design, manufacture, distribution and sale.
- You used the product in a way reasonably anticipated.
- One or both of the following:
- The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or seller's 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 sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can avoid liability if:
- You discover who the manufacturer is, it has not closed their business and is able to compensate you for all of your injuries.
- The distributor signs an affidavit under threat of perjury that their only involvement in the process was selling it.
- No other party in the case presents evidence that the distributor took part in any other aspect of the chain of distribution.
- The dismissal is requested to the judge no later than 60 days after the complaint is filed.
If those conditions are fulfilled, the distributor 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 engineering of the product than they implied, were otherwise responsible for the hazardous condition or the manufacturer is unable to pay for the entirety of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation you are owed.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be entirely understood before use by the public. This defense is only valid for inadequate warning defective products claims, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury cases in Pulaski County, MO are based on the idea of negligence. We all have a duty to each other's safety in certain situations; for example, Pulaski County, MO dog owners must always have control of their dog. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they may be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or dangerous products cases are strict liability claims, meaning that a designer, manufacturer or vendor is to blame 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 Pulaski 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 flaw in the design that afterwards passes the defect to all products with the same design. 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 mistakes in the manufacturing process. This can either only make one product defective, 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 using the wrong kind of screws or bolts.
- Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused injury because it did not give adequate 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 dangers that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to encourage corporations to implement thorough safety protocols for verifying the safety of their products. Even so, too often corporations do not value our safety and spend more energy on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Pulaski County, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but complete compensation.
Comparative Negligence in Defective Productions Claims in Pulaski County, MO
Manufacturers, sellers and anyone else in the stream of commerce will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to put forth the defense that you are responsible for a portion of the fault 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 responsible for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt an entity involved in the chain of distribution makes to get out their responsibility to reimburse you for the damage their product did to you. Your Pulaski County, MO defective products lawyer at Burger Law sees through that. 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 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. 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 reasonably foresee that use of the product.
- You used the product in a manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid liability but can considerably diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle crash. A pharmaceutical company could reasonably see 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 referred to as "Assumption of the risk," a principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
- You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging 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 adhered to 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 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 distributor can — and will — assert that comparative negligence applies to your claim, that does not mean the claim is automatically true. Bullying corporations and insurance companies use numerous tricks to try and devalue your claim, but your Pulaski 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 unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the compensation you collect, and you do not pay us anything until we win your case. Reach out to Burger Law now at for legal advocacy that matches and surpasses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Pulaski County, MO
Our defective products lawyer team sees in Pulaski County, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to collisions and fires, and fail to protect occupants from harm as intended. Common dangerous motor vehicle components we see are:
- Fuel systems
- Electrical wiring
- Headlights and taillights
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 Pulaski County, 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 make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Pulaski County, MO has seen be defective are:
- Artificial joints that can result in infections, instability, chronic soreness or repeated dislocations
- Pacemakers, which can lead to infections or even wrongful death when they do not last as long as expected
- Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, 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 perforate organs, result in pain in the pelvic region, abnormal hemorrhaging and unplanned pregnancies
As the medical industry keeps implementing more and more advanced technologies, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the number one cause.
In 2017, the U.S. Health and Human Services Department reported that over 10 years Medicare spent at least $1.5 billion to replace more than 73,000 defective heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a flawed medical device ended up aggravating your condition, your Pulaski County, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to degrade sooner than anticipated and have caused unthinkable pain and permanent damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was retained 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 by clicking the link below:
Defective Drug Lawyer in Pulaski County, MO
The Federal Drug Administration has strict procedures that pharmaceutical companies must obey 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. That means that many drugs reach the market 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 Pulaski County, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Four thousand five hundred prescriptions and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you love had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by winning you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from their family too soon.
Other common dangerous products we file suit for in Pulaski County, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Pulaski County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Pulaski County, 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 Pulaski County and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we do not hesitate to start working on getting you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has taken on you and your Pulaski 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 Pulaski County, MO now at or contact us online to take the first step toward true healing.