have you been injured by a dangerous product in Missouri? Call Burger Law now. Defective Products Lawyer in Raytown, MO. Defective Products Lawyer in Raytown, MO. If you or someone you care about was injured by a dangerous product, reach out to a Burger law defective products lawyer in Raytown, MO today at (314) 500-HURT 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 technology, and/or use your cell phone at various times during the day. You may use lawnmowers on your free days. You may even have a ankle 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 shelves. When there is a mistake in the chain of distribution and a product becomes defective, it can have a ruinous impact on Raytown, MO individuals and families. If tragedy struck you, you need the experienced and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and get you the great compensation you are owed. In our 30 years of negotiation, litigation and trial experience, we have delivered our clients in Raytown and throughout Missouri over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Raytown, MO right away at (314) 500-HURT. If you were injured by a faulty product in Raytown, MO, discover the true value of your claim by filling out our complimentary personal injury calculator. Chesterfield, MOChesterfield, MO100 Chesterfield Business PkwySuites 200-222Chesterfield, MO 63005By appointment onlyPhone: (314) 648-8348View Location 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 Recalls.Gov 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? Raytown, MO Defective Products Statistics The Consumer Product Safety Commission states that hazardous products account for more than 29 million injuries and 21,000 fatalities every year. Based on facts from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable destruction an unsafe product can cause. If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Raytown, MO for understanding, committed and experienced support and legal representation. 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 injuries if three factors are true: The person was involved in the product's stream of commerce. You used the product in a way easily anticipated. Either or both of the following conditions: The product had a faulty condition that was unreasonably hazardous when you bought the product that caused you direct harm, and/or You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning. The "chain of distribution" refers to anyone involved in the product from initial design to sale, including a distributor or vendor. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the claim if: The manufacturer is known, has not closed their business and is financially capable of compensating you for all of your damages. The entity that sold it signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it. No other party in the case comes forward with evidence that the vendor was involved in any other aspect of the stream of commerce. The motion to dismiss is filed no later than 60 days after the complaint is filed. If the above conditions are fulfilled, the vendor 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 responsible for the hazardous condition or the manufacturer is unable to compensate you for the entirety of the economic, physical and emotional hardships 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 deserve. Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be fully understood before use by the consumer. This defense is only applicable to for failure to warn defective products claims, and the burden of proof is on the defense. Have You Been Injured from a Dangerous Product?Have You Been Injured from a Dangerous Product?Click to view videoWhat Do I Have to Prove to Win A Defective Product Liability Lawsuit?What Do I Have to Prove to Win A Defective Product Liability Lawsuit?Click to view videoCloseClose The Difference Between Strict Liability and Negligence in Defective Products Cases Most personal injury suits in Raytown, MO are based on the notion of negligence. We all have an obligation to each other's safety in certain situations; for example, doctors must treat their Raytown, MO patients with a standard of care. When someone fails in that obligation, for instance if sustain an injury because you were hit by a distracted driver they may be held responsible for your damages and would owe you compensation. By contrast, most product liability or defective products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is to blame for any damage a product causes, 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 innate fault in the design that afterwards affects all products with the same design. An example is a toy intended for children that contains a choking hazard. 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 dangerous, 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 swing set with a cracked chain. Failure to Warn of Known Dangers or Dangers 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 proper instructions or warnings about inherent dangers. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer typically does not have to warn against risks that a reasonable person would anticipate. 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 protocols for verifying the safety of their products. However, too often corporations are negligent and concentrate more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Raytown, MO will hold them responsible by conducting a full investigation of your case and insisting on only maximum compensation. Comparative Negligence in Defective Productions Claims in Raytown, MO Manufacturers, vendors and anyone else in the chain of distribution will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for those in the stream of commerce to posit that you are liable 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 liable for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Raytown, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative negligence if the following situations apply: You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, 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. 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 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 chain of distribution will not be able to totally avoid fault but can significantly diminish 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 concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was. You neglected to follow safety guidelines. 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 try to keep your damages to a minimum. In any personal injury claim, you are ethically bound 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 they will be successful. Large corporations and insurance companies employ myriad tricks to try and lower your claim, but your Raytown, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you 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 compensation you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Get in touch with Burger Law right away at (314) 500-HURT for legal counsel that parallels and exceeds that of bullying manufacturers and sellers 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 their ubiquity and because of how many components it takes to make them run. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in collisions and fires, and fail to protect drivers and passengers from harm as intended. Common defective automobile components we see are: Brakes Airbags Fuel systems Electrical systems Wheels Seats Engine cooling fan blades Alternative 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 Raytown, MO Medical devices are meant 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 installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Raytown, MO has seen cause further complications for patients are: Artificial joints that can cause infections, limited mobility, pain or recurring dislocations Pacemakers, which can result in infections or even wrongful death because of premature failures Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can cause perforated organs, infections and internal burns Blood clot filters that allow dislodged blood clots to invade the lungs Permanent birth control implements that can perforate organs, result in pain in the pelvic region, abnormal bleeding and unplanned pregnancies As the medical industry keeps coming up with more and more advanced technologies, the numbers of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the major cause. In 2017, the U.S. Health and Human Services Department announced that throughout 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of improving our lives. If a faulty medical device ended up worsening your condition, your Raytown, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced. In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused incredible pain and permanent damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was contacted by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint by clicking the button below: View Complaint Defective Drug Lawyer in Raytown, MO The Federal Drug Administration has firm 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 medications reach the market 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 Raytown, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable. Hundreds of thousands of drugs and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or a family member had your condition worsen because of irresponsible pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer now. 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 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 examples of defective products we collect compensation for our clients for in Raytown, MO include: Children's toys Chemicals such as cleaning products Baby powder Household appliances Industrial machinery Cell phone batteries Beauty products Call Burger Law Now Raytown, MO Defective Products Lawyer | Burger Law Every Burger Law defective products lawyer in Raytown, MO knows that when manufacturers and distributors 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 endeavor to see the vulnerable in Raytown 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 getting you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical toll your injury has taken on you and your Raytown, MO family. We will stand by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Raytown, MO today at (314) 500-HURT or contact us online to start on your journey to being made whole again.