Defective Products Lawyer in Ray County, MO.
Defective Products Lawyer in Ray County, MO. If you or someone you love was harmed by a dangerous product, call a Burger law defective products lawyer in Ray County, MO today at or fill out our online form for a complimentary case review.
Think of your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around machines, and/or use your cell phone throughout the day. You may use lawnmowers 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 technology 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 Ray County, MO family. If tragedy struck you, you need the experienced and dedicated legal services of Burger Law's defective products lawyer team to stand in your corner and get you the great financial recovery you are owed.
In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Ray County and throughout Missouri more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Ray County, MO right away at .
If you were hurt by a dangerous product in Ray County, MO, learn the true value of your case by utilizing our free personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Ray 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 Ray County, MO?
The Consumer Product Safety Commission estimates that defective products account for more than 29 million injuries and 21,000 deaths each 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 unbelievable ruin that can be caused when manufacturers and vendors do not adhere to adequate safety protocols.
If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Ray County, MO for compassionate, committed and expert support and legal advocacy.
What is the Process for Defective Products Claims in Ray County, MO?
- The defendant was involved in the product's stream of commerce.
- The product was used in a manner rationally foreseen.
- One or both of the following:
- The product had 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 hazardous 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 sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the vendor or distributor of the product may be dismissed from the claim if:
- The manufacturer is known, still exists and is able to compensate you for all of your injuries.
- The seller makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- No other party in the case submits evidence that the vendor took part in any other facet of the stream of commerce.
- The dismissal is requested to the court within 60 days.
If the aforementioned 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 were actually involved in the design or manufacture of the product, were otherwise liable for the defect or the manufacturer is unable to compensate you 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 deserve.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense will only work for 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 hazardous condition.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury cases in Ray County, MO depend on the notion of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or hazardous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product 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 Ray 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 inherent flaw in the design that afterwards affects all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- 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 dangerous, 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 installing outdated components or a swing set with a cracked chain.
- Inadequate Warnings and Instructions: 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 arise from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects 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 meant to hold corporations accountable and persuade them to implement comprehensive safety procedures for guaranteeing the safety of their products. However, too often companies do not value our safety and concentrate more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Ray County, MO will fight by your side and insist on nothing but the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Ray County, MO
Manufacturers, sellers 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 those in the chain of distribution to posit that you share a portion of the fault and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to eschew their responsibility to reimburse you for the damage their product did to you. Your Ray County, MO defective products lawyer at Burger Law will not let them get away with it. 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 way the manufacturer could foresee. A manufacturer or distributor 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. 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 happening.
- 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 significantly lower 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 knew of inherent risks of the product while you were using it. 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 you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
- You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
- You failed to 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 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 adhered to 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 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 stream of commerce can — and will — argue that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use a variety of dishonest ruses to try and minimize your claim, but your Ray County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies are unfair and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you are awarded, and you owe us nothing until we win your case. Reach out to Burger Law right away at for legal advocacy that rivals and exceeds that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Ray County, MO
Our defective products lawyer team sees in Ray County, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not work as they should. Common defective motor vehicle parts we see are:
- Electrical wiring
- Steering systems
- Headlights and taillights
Offroad vehicles like 4-wheelers can also cause harm, 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 Ray County, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us even more complications when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Ray County, MO has seen be defective include:
- Artificial joints that can lead to infections, limited mobility, pain or repeated dislocations
- Pacemakers, which can lead to infections or even wrongful death when they do not last as long as anticipated
- Surgical robots designed to operate on hard to reach areas which, when they do not work properly, can lead to pierced organs, infections and electrical burns
- Blood clot filters that allow free-floating blood clots to travel up to the lungs
- Permanent birth control devices that can puncture organs, lead to pain in the pelvic region, excessive bleeding and unplanned pregnancies
As the medical industry becomes more high-tech, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the foremost factor.
In 2017, the U.S. Health and Human Services Department found that over a decade Medicare had to spend at least $1.5 billion to replace over 73,000 faulty heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of easing it. If a defective medical device caused you damages, your Ray County, MO defective injuries lawyer at Burger Law will fight for your right to be compensated 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. 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 incredible pain and lifelong damage to possibly as many as 150,000 patients who had received the replacement joint. 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 read our original complaint by clicking the button below:
Defective Drug Lawyer in Ray County, MO
The Federal Drug Administration has stringent procedures that pharmaceutical companies must adhere to from manufacturing to delivery. 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 medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 Ray County, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.
Hundreds of thousands of drugs and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member had your condition worsen because of careless pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer as soon as possible. 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 held opioid manufacturers responsible when their negligence has taken someone from their family too soon.
Other common dangerous products we file suit for in Ray County, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Ray County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Ray County, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we have devoted our careers to seeing the vulnerable in Ray County 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 immediately start working on wining you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Ray 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 Ray County, MO right away at or contact us online to start on your journey to a true recovery.