Defective Products Lawyer in Raymore, MO.
Defective Products Lawyer in Raymore, MO. If you or a loved one was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Raymore, MO today at or fill out our online form for a complimentary case evaluation.
Imagine your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around machines, and/or use your cell phone on and off throughout the day. You may go 4-wheeling on your free days. 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 engineered, manufactured, packaged and sold. When there is an oversight in the stream of commerce and a product becomes defective, it can have a disastrous impact on on your life and lives of those you love in Raymore, MO. When that happens to you, you need the knowledgeable and dedicated legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the great compensation you deserve.
In our In our three decades of experience fighting for fairness and justice, we have gotten our clients in Raymore and throughout Missouri over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Raymore, MO right away at .
If you were harmed by a defective product in Raymore, MO, see the true value of your case by using our complimentary personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Raymore, 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 Raymore, MO?
The Consumer Product Safety Commission has found that hazardous products result in over 29 million injuries and 21,000 deaths every year.
According to facts 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 speaks to the incredible destruction an unsafe product can cause.
If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Raymore, MO for compassionate, dedicated and skilled support and legal representation.
What is the Process for Defective Products Claims in Raymore, MO?
- The defendant was part of the product's stream of commerce.
- You used the product in a way logically anticipated.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor'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 "chain of distribution" refers to anyone involved in the product from initial design to purchase, including the person or entity that sold you the product. Pursuant 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 lawsuit if:
- You discover who the manufacturer is, it still exists and is financially capable of paying you for the entirety of your damages.
- The seller makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- There is no evidence is presented to the court that the vendor took part in any other facet of the design and manufacturing process.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the aforementioned conditions are satisfied, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise at fault for the dangerous condition or the manufacturer is unable to pay for all 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 that every liable party is held accountable.
Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product went to market. This defense will only work for for failure to warn product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury lawsuits in Raymore, MO depend on the conception of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for example if if there a loose floor boards at a restaurant that cause you to fall they can be held responsible for your damages and would owe you compensation.
By contrast, most product liability or dangerous products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is liable for any damage that results the reasonable use of a product, 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 Raymore, 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 — when it left the manufacturer's or distributor's control.
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 defect in the design that afterwards passes the imperfection to 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 dangerous 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 dangerous chemicals. An example could be bugs or other contaminants found in beverages or a swing set with a cracked chain.
- Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about inherent risks. Examples include a drug that is sold without mentioning certain risks or side effects 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 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 incentivize corporations to implement comprehensive safety protocols for verifying the safety of their products. Even so, too often corporations are negligent and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Raymore, MO will fight by your side and demand only a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Raymore, MO
A common defense for manufacturers in a product liability lawsuit is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or seller to put forth the argument that you are responsible for a portion of your injuries 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 at fault for the accident, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt an entity involved in the stream of commerce makes to get out their responsibility to pay you for the damage their product did to you. Your Raymore, MO defective products lawyer at Burger Law sees through that. 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 vendor is only has to make a product safe for ways that they can expect a consumer 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 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 happening.
- You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can significantly decrease 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 knew of inherent risks of the product while you were using it. This is often called as "Assumption of the risk," a principle in tort claims whereby, 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 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 say that any reasonable person would have known that they could be seriously hurt doing such a thing.
- You did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution 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 are your fault because you had not 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 lessen the financial recovery you are owed. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 the manufacturer or vendor can — and will — argue that comparative fault applies to your lawsuit, that does not mean they will be successful. Powerful corporations and insurance companies employ a lot of deceitful tactics to try and lower your claim, but your Raymore, MO defective products lawyer at Burger Law knows how to combat them. We know these companies are unfair and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the financial recovery you are awarded, and you do not pay us anything until we win your case. Reach out to Burger Law today at for legal counsel that matches and surpasses that of bullying corporations and insurance companies.
Defective Vehicle Parts Lawyer in Raymore, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Raymore, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause wrecks and fires, and fail to protect occupants from harm as intended. Common defective automobile parts we see are:
- Windshield wipers
- Steering systems
- Engine cooling fan blades
Alternative vehicles like 4-wheelers can also cause harm, for instance many of them are prone to flipping 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 Raymore, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Raymore, MO has seen be defective are:
- Artificial joints that can result in infections, limited mobility, pain or repeated dislocations
- Cardiovascular devises, which can cause 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 they do not work properly, can cause pierced organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control devices that can perforate organs, lead to pain in the pelvic region, excessive blood loss and unwanted pregnancies
As the medical industry keeps coming up with new technologies, the amount of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly because of issues with software.
In 2017, the U.S. Health and Human Services Department found that throughout 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Raymore, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements degrade too quickly and have caused unthinkable pain and permanent 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 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 view the complaint we filed for our first client here:
Defective Drug Lawyer in Raymore, 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. With no absolute third-party testing many medications reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Raymore, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.
Four thousand five hundred prescriptions 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 sustained injuries because of reckless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by securing you compensation and holding negligent corporations responsible. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.
Other examples of dangerous products we file suit for in Raymore, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Raymore, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Raymore, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Raymore 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 delivering you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical hardships your injury has taken on you and your Raymore, 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 Raymore, MO right away at or contact us online to start on the path to true healing.