Defective Products Lawyer in Republic, MO.
Defective Products Lawyer in Republic, MO. If you or someone you care about sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Republic, MO right away at or fill out our online form for a complimentary consultation.
Think of what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your vehicle, sit by a computer or work around heavy equipment, and/or use your cell phone throughout the day. You may drive go-carts on your free days. 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 oversight in that process and a product becomes defective, it can have a catastrophic impact on Republic, MO individuals and families. If tragedy struck you, you need the skilled and dedicated legal representation of Burger Law's defective products lawyer team to fight on your behalf and deliver you the full financial recovery you are owed.
In our In our 30 years of experience standing up for the rights of the injured and vulnerable, we have won our clients in Republic and throughout Missouri in excess of $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 Republic, MO immediately at .
If you were hurt by a dangerous product in Republic, MO, see how much your claim may be worth by filling out our free personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Republic, 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 Republic, MO?
The Consumer Product Safety Commission estimates that faulty products cause over 29 million injuries and 21,000 deaths annually.
Based on statistics 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 speaks to the extreme destruction that can be caused when manufacturers and vendors do not adhere to proper safety measures.
If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Republic, MO for compassionate, committed and expert support and legal counsel.
How Defective Products Claims Work in Republic, MO
- The person was involved in the product's design, manufacture, distribution and sale.
- The product was used in a manner logically anticipated.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably dangerous when you bought the product and your injuries are a direct result of that defect, 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 that took part in the product coming to fruiting and going to the market, from initial design to sale, including the person or entity you bought the product from. According 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 avoid liability if:
- You discover who the manufacturer is, it still exists and is financially capable of reimbursing you for all of your damages.
- The seller signs an affidavit under oath that they had nothing to do with the product beyond selling it.
- No other party in the case comes forward with evidence that the seller took part in any other part of the chain of distribution.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the above conditions are met, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the production of the product than they intimated, were otherwise responsible for the defect or the manufacturer cannot pay 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 that every at-fault party is held accountable.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be fully understood before use by the consumer. This defense will only work for for inadequate warning defective products claims, and the burden of proof is on the defense.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury lawsuits in Republic, MO are determined by the conception of negligence. We all have an obligation to each other's safety in certain situations; for example, Republic, MO dog owners must always have control of their dog. When someone fails in that responsibility, for example if sustain an injury because you were hit by a distracted driver they may be found responsible for your damages and would owe you compensation.
However, most product liability or dangerous products cases come down to strict liability, meaning that a designer, manufacturer or vendor is liable 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 Republic, 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 imperfection in the design that subsequently 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: 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 only make one product hazardous, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be installing outdated components or not properly fastening components to each other.
- Insufficient Warnings and Instructions: This occurs when the product was not defective 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 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 example, 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 thorough safety procedures for verifying that their products will not put the people who use it at risk. However, too often corporations do not value our safety and spend more energy on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Republic, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but the best possible compensation.
Comparative Negligence in Defective Productions Claims in Republic, MO
Manufacturers, vendors and anyone else in the chain of distribution will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the defendants to put forth the argument that you are liable for a portion of the fault and, therefore, they are not obligated to reimburse 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 responsible for your injuries, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to avoid their responsibility to pay you for the damage their product did to you. Your Republic, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may say 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 seller is only has to make a product safe for ways that they can expect a consumer to use it. For example, while chairs are meant for sitting, 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. On the other hand, 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 reasonably foresee that happening.
- You used the product in a manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably lower it but can significantly decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle accident. 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 called as "Assumption of the risk," a theory 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously injured doing such a thing.
- You did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution from liability. If you were using or around highly corrosive materials 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 precautions.
- 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 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 seller can — and will — work hard to persuade a jury that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies use numerous dishonest ruses to try and lower your claim, but your Republic, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you collect, and you owe us nothing until we win your case. Get in touch with Burger Law now at for legal advocacy that rivals and surpasses that of bullying corporations and insurance companies.
Defective Vehicle Parts Lawyer in Republic, MO
Our defective products lawyer team sees in Republic, 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, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous motor vehicle parts we see are:
- Fuel systems
- Electrical wiring
- Headlights and taillights
Alternative vehicles like 4-wheelers can also cause damage, 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 Republic, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Republic, MO has seen cause further complications for patients include:
- Artificial joints that can result in infections, instability, chronic soreness or repeated dislocations
- Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can cause punctured organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can pierce organs, cause pain in the pelvic region, excessive hemorrhaging and unwanted pregnancies
As the medical industry becomes more high-tech, 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 a decade Medicare had to spend at least $1.5 billion to replace more than 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 helping us. If a defective medical device caused you damages, your Republic, 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 unneeded pain you experienced.
Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to deteriorate 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 continue to take on Exactech Knee Replacement cases. You can view our original complaint by clicking the button below:
Defective Drug Lawyer in Republic, 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. With no absolute independent testing many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies value their bottom line 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 Republic, 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 taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you care about sustained injuries because of reckless pharmaceutical companies and manufacturers, 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from their family too soon.
Other common defective products we see in Republic, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Republic, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Republic, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we have dedicated our careers to seeing the vulnerable in Republic and throughout Missouri receive fair compensation 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 securing you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Republic, 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 Republic, MO immediately at or contact us online to start on your journey to true healing.