Defective Products Lawyer in Randolph County, MO.
Defective Products Lawyer in Randolph County, MO. If you or someone you love sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Randolph County, MO immediately at or fill out our online form for a free case evaluation.
Imagine your daily routine: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around heavy equipment, and/or use your android on and off throughout the day. You may go boating on the weekend. You may even have a ankle replacement or other medical device. 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 mistake in the chain of distribution and a product becomes defective, it can cause severe injuries to you and your Randolph County, MO family. If tragedy struck you, you need the knowledgeable and devoted legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the full compensation you are owed.
In our three decades of negotiation, litigation and trial experience, we have won our clients in Randolph County and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Randolph County, MO right away at .
If you were injured by a defective product in Randolph 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 Randolph 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?
Randolph County, MO Defective Products Statistics
The Consumer Product Safety Commission has found that hazardous products account for over 29 million injuries and 21,000 fatalities every year.
According to data 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 unbelievable devastation an unsafe product can cause.
If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Randolph County, MO for understanding, devoted and skilled support and legal counsel.
What is the Process for Defective Products Claims in Randolph County, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Randolph County, MO defective products lawyer can can hold a person or corporation to blame for your damages if three conditions are met:
- The company was involved in the product's chain of distribution.
- The product was used in a manner logically foreseen.
- One or both of the following:
- The product was in a faulty condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.
The "stream of commerce" refers to anyone involved in the product from initial conception to sale, including a distributor or vendor. According to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the claim if:
- You discover who the manufacturer is, it still exists and can afford to pay for the entirety of your damages.
- The distributor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
- No other party in the case comes forward with evidence that the vendor 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 those conditions are met, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they had a larger role in the engineering of the product than they implied, were otherwise to blame for the hazardous condition or the manufacturer is unable to reimburse you for all of your injuries, 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 has an exception for "state of the art products," where a hazardous condition could not be completely 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 dangerous condition.
Negligence vs. Strict Liability in Defective Products Cases
Most personal injury suits in Randolph County, MO depend on the conception of negligence. We all have a duty to each other's safety in certain situations; for example, doctors must treat their Randolph County, MO patients with a standard of care. When someone is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they may be held responsible 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 accountable for any injuries that results 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 Randolph 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 came into your possession.
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 subsequently passes the defect 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 mistakes in the manufacturing process. This can either only make one product hazardous, 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
- Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: 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 danger that could arise 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 food packaging that does not mention all the ingredients and causes an allergic reaction. 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 intended to hold corporations accountable and persuade them to implement comprehensive safety protocols for guaranteeing the safety of their products. Even so, too often companies are negligent and try to focus more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Randolph County, MO will hold them accountable by conducting a full investigation of your case and demanding only complete compensation.
Comparative Negligence in Defective Productions Claims in Randolph County, MO
Manufacturers, distributors and anyone else in the chain of distribution will often rely on the concept of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to put forth the argument that you share a portion of your damages 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 liable for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to eschew their responsibility to pay you for the harm they have caused. Your Randolph County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According to the statute, the defense may argue you shoulder 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 way 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, 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 use a loaded shotgun to prop a door open and it misfires, 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 manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably diminish it but can significantly diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto crash. 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 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, 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 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 did not take necessary safety precautions. 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 injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you obeyed proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. 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 distributor can — and will — try to convince the court that comparative negligence applies to your injuries, that does not mean they will be successful. Large corporations and insurance companies use numerous deceitful tactics to try and minimize your claim, but your Randolph County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law now at for legal representation that rivals and surpasses that of resistant manufacturers and vendors and insurance companies.
Defective Vehicle Parts Lawyer in Randolph County, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Randolph County, MO. 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 lead to further injuries when the safety components to not function as they should. Common defective motor vehicle parts we see are:
- Fuel systems
- Windshield wipers
- Door latches
Alternative 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 Randolph County, MO
Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us further injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Randolph County, MO has seen cause further complications for patients include:
- Artificial hips, knees or other joints that can result in infections, instability, pain or frequent dislocations
- Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
- Surgical robots intended to operate on hard to reach areas which, when they malfunction, can lead to pierced organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control implements that can puncture organs, cause pain in the pelvic region, excessive bleeding and unwanted pregnancies
As the medical industry keeps coming up with new technologies, medical device recalls have gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly owing to defects in software.
In 2017, the U.S. Health and Human Services Department found that throughout a decade Medicare had to spend at least $1.5 billion to replace over 73,000 defective heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of improving our lives. If a faulty medical device ended up worsening your condition, your Randolph County, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February of this year, Exactech, a company that manufactures implants and 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 were depending on the replacement joint to return their mobility. 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 are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Randolph County, MO
The Federal Drug Administration has stringent 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 shelves. That means that many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over 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 Randolph County, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.
Four thousand five hundred prescriptions and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or a loved one had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, reach out to 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 selfishness has taken someone from their family too soon.
Other examples of dangerous products we file suit for in Randolph County, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Randolph County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Randolph County, 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 Randolph County and throughout Missouri collect maximum compensation 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 delivering you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical toll your injury has taken on you and your Randolph 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 Randolph County, MO today at or contact us online to start on the path to being made whole again.