Defective Products Lawyer in Raytown, MO.
Defective Products Lawyer in Raytown, MO. If you or a family member was harmed by a dangerous product, call a Burger law defective products lawyer in Raytown, MO today at or fill out our online form for a complimentary case review.
Imagine what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around heavy machinery, and/or use your android throughout the day. You may use lawnmowers on the weekend. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the market. When there is an error in that process and a product becomes dangerous, it can cause severe injuries to you and your Raytown, MO family. If tragedy struck you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and deliver you the full compensation you are owed.
In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have delivered our clients in Raytown and beyond more than $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in Raytown, MO now at .
If you were injured by a faulty product in Raytown, MO, learn the true value of your case by filling out our complimentary personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Raytown, 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 Raytown, MO?
The Consumer Product Safety Commission has found that hazardous products result in more than 29 million injuries and 21,000 fatalities each year.
Based on 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 speaks to the unbelievable devastation an unsafe product can cause.
If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in Raytown, MO for passionate, devoted and skilled support and legal counsel.
What is the Process for Defective Products Claims in Raytown, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Raytown, MO defective products lawyer can can hold a person or corporation at fault for your damages if three conditions are true:
- The company was part of the product's stream of commerce.
- The product was used in a manner logically expected.
- One or both of the following:
- The product had a defective condition that was unreasonably dangerous when you bought the product that caused you direct harm, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.
The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can avoid liability if:
- The manufacturer is known, has not closed their business and is financially capable of paying you for the entirety of your injuries.
- The vendor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- There is no evidence is brought in front of the court that the vendor took part in any other aspect of the design and manufacturing process.
- The dismissal is requested to the court within 60 days.
If those conditions are satisfied, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise liable for the fault or the manufacturer is unable to compensate you for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation you deserve.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense is only valid for failure to warn defective products cases, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury cases in Raytown, MO are won or lost based on the conception of negligence. We all have a civil duty to not carelessly cause injuries 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 fails in that obligation, for instance if if you are misdiagnosed because of substandard medical attention they can be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or hazardous products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault for any injuries that stems from 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 Raytown, 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 subsequently passes the flaw to all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
- 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, 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 leaving sharp edges on plastic or other materials.
- Failure to Warn of Known Risks or Risks That Should Have Been Foreseen: 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 innate risks. 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. A manufacturer typically does not have to warn against obvious dangers. For instance, 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 exhaustive safety procedures for ensuring the safety of their products. Even so, too often corporations are negligent and try to focus more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Raytown, MO will fight by your side and demand only the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Raytown, MO
Manufacturers, vendors 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 stream of commerce to argue that you are responsible for a portion of the fault 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 responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the stream of commerce makes to get out their duty to reimburse you for the harm they have caused. Your Raytown, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative negligence if the following situations apply:
- You did not use the product in a way 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 use a loaded rifle 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 happening.
- You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to totally avoid fault but can significantly decrease 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 referred to as "Assumption of the risk," a concept 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 neglected to take necessary safety precautions. 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 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 followed proper protocols.
- You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. 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 stream of commerce can — and will — assert that comparative negligence applies to your injuries, that does not mean the claim is automatically true. Powerful corporations and insurance companies use myriad deceitful tactics to try and lower your claim, but your Raytown, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations are unfair and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the financial recovery you get, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law today at for legal counsel that rivals and exceeds that of resistant corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Raytown, MO
Our defective products lawyer team sees in Raytown, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common faulty car parts we see are:
- Windshield wipers
- Headlights and taillights
Offroad vehicles like 4-wheelers 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 Raytown, MO
Medical devices are intended 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 not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Raytown, MO has seen be defective are:
- Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or repeated dislocations
- Pacemakers, which can cause infections or even wrongful death because of premature failures
- Surgical robots designed to operate on hard to reach areas which, when they malfunction, can result in pierced organs, infections and internal burns
- Blood clot filters that allow dislodged blood clots to invade the lungs
- Permanent birth control devices that can puncture organs, lead to pelvic pain, abnormal blood loss and unplanned pregnancies
As the medical industry keeps implementing more and more advanced technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the leading cause.
In 2017, the U.S. Health and Human Services Department stated that over a decade Medicare paid out at least $1.5 billion to replace over 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of easing it. If a defective medical device ended up aggravating your condition, your Raytown, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.
Earlier this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused incredible pain and permanent damage to possibly as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was retained 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 our original complaint by clicking the link below:
Defective Drug Lawyer in Raytown, MO
The Federal Drug Administration has stringent procedures that pharmaceutical companies must adhere to from manufacturing to delivery. 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 pharmaceutical companies put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 Raytown, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.
Four thousand five hundred medications and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love received injuries because of reckless pharmaceutical companies and corporations, get in touch with 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 accountable when their actions have taken someone from their family too soon.
Other common defective products we collect compensation for our clients for in Raytown, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Raytown, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Raytown, MO knows that being hurt by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Raytown and throughout Missouri get fair compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. 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, in addition to the emotional and physical hardships your injury has taken on you and your Raytown, 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 Raytown, MO now at or contact us online to start on the path to true healing.