Defective Products Lawyer in Quincy, MO.
Defective Products Lawyer in Quincy, MO. If you or someone you love was injured by a dangerous product, get in touch with a Burger law defective products lawyer in Quincy, MO today at or fill out our online form for a free 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 at in a chair or work around heavy machinery, and/or use your android throughout the day. You may go boating on the weekend. 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 shelves. When there is a breakdown in that process and a product becomes defective, it can have a disastrous impact on on your life and lives of those you love in Quincy, MO. When that happens to you, you need the expert and dedicated legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations 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 delivered our clients in Quincy and beyond more than $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in Quincy, MO today at .
If you were harmed by a defective product in Quincy, MO, find out how much your claim may be worth by using our free personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Quincy, 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?
Quincy, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that defective products result in more than 29 million injuries and 21,000 deaths every year.
Based on 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 devastation that can be caused when manufacturers and distributors do not adhere to proper safety measures.
If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Quincy, MO for understanding, dedicated and talented support and legal representation.
How Defective Products Claims Work in Quincy, MO
- The defendant was involved in the product's design, manufacture, distribution and sale.
- You used the product in a manner rationally expected.
- One or both of the following:
- The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or seller's that caused you direct harm, and/or
- Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.
The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:
- You discover who the manufacturer is, it still does business and is financially capable of paying you for all of your injuries.
- The seller makes 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 seller was involved in any other aspect of the design and manufacturing process.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If the above conditions are met, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise liable for the dangerous condition or the manufacturer cannot reimburse you for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery you are owed.
Missouri Revised Statute §537.764 provides one defense 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 product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury claims in Quincy, MO are determined by the idea of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if if there a loose floor boards at a restaurant that cause you to fall they might be held liable for your damages and would have to pay you compensation.
By contrast, most product liability or hazardous products claims are determined by strict liability, meaning that anyone in the chain of distribution is accountable for any injuries 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 Quincy, 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 inherent 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 improperly designed safeguard on a power tool.
- 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, 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 installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance.
- Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This occurs when the product was not dangerous through design or manufacture, but instead 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 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. The company that makes a product typically does not have to warn against risks that a reasonable person would anticipate. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is meant to incentivize corporations to implement thorough safety procedures for guaranteeing the safety of their products. Even so, too often companies do not value our safety and spend more energy on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Quincy, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but maximum compensation.
Comparative Negligence in Defective Productions Claims in Quincy, 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 allows for the manufacturer or vendor to put forth the argument that you are liable for a portion of your injuries and, therefore, they do not have to pay you 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 at fault for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to get out their responsibility to pay you for the harm they have caused. Your Quincy, 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 manner the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect the public to use it. For example, while chairs are meant for sitting, standing on one to reach something is common. 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 use of the product.
- You used the product in a way the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to totally 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 referred to as "Assumption of the risk," a principle 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You did not take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 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 unnecessary medical treatment. The defense may say they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.
Just because people in the chain of distribution can — and will — try to convince the court that comparative fault applies to your claim, that does not mean the claim is automatically true. Large corporations and insurance companies implement myriad deceitful tactics to try and minimize your claim, but your Quincy, 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 works on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you get, and you do not pay us anything until we win your case. Reach out to Burger Law today at for legal counsel that parallels and surpasses that of resistant corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Quincy, MO
Our defective products lawyer team sees in Quincy, 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 individual cars and vehicle components were recalled in the United States. Defective car parts can lead to wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common faulty automobile components we see are:
- Electrical wires
- Door latches
- 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 Quincy, MO
We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Quincy, MO has seen cause further complications for patients include:
- Artificial hips, knees or other joints that can result in infections, instability, chronic soreness or frequent dislocations
- Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
- Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can cause pierced 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 pierce organs, result in pain in the pelvic region, excessive bleeding and unintended 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, mostly because of issues with software.
In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare had to spend at least $1.5 billion to replace over 73,000 faulty heart devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Quincy, 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 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 people 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 Quincy, 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 shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line 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 Quincy, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.
Hundreds of thousands of medications 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 had your condition worsen because of reckless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.
Other common defective products we file suit for in Quincy, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Quincy, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Quincy, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we have dedicated our careers to seeing the vulnerable in Quincy 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 wining you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Quincy, 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 Quincy, MO today at or contact us online to start on the path to being made whole again.