Defective Products Lawyer in Richmond, MO.
Defective Products Lawyer in Richmond, MO. If you or a loved one was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in Richmond, MO now at or fill out our online form for a free consultation.
Imagine what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may drive go-carts on the weekend. You may even have a prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of product that at one point was engineered, manufactured, packaged and sold. When there is a breakdown in the chain of distribution and a product becomes hazardous, it can have a ruinous impact on Richmond, MO individuals and families. If tragedy struck you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and secure you the best possible compensation you are owed.
In our In our 70 years of combined experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Richmond and throughout Missouri over $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Richmond, MO now at .
If you were injured by a dangerous product in Richmond, MO, learn how much your claim may be worth by utilizing our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Richmond, 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?
Richmond, MO Defective Products Statistics
The Consumer Product Safety Commission states that hazardous products are responsible for more than 29 million injuries and 21,000 deaths each year.
According to 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 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 Richmond, MO for understanding, devoted and talented support and legal counsel.
What is the Process for Defective Products Claims in Richmond, MO?
- The company was involved in the product's chain of distribution.
- You used the product in a manner logically foreseen.
- One or both of the following:
- The product was in a defective condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
- You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.
The "stream of commerce" refers to anyone involved in the product from initial design to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product may avoid liability if:
- The manufacturer is known, still does business and is financially capable of reimbursing you for all of your injuries.
- The seller signs an affidavit under threat of perjury 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 distributor took part in any other facet of the stream of commerce.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the aforementioned conditions are fulfilled, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they intimated, were otherwise to blame for the dangerous condition or the manufacturer is unable to reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every to-blame party is held responsible.
Missouri Revised Statute §537.764 provides one defense 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 is only applicable to for failure to warn product liability lawsuits, 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 suits in Richmond, MO are decided by the concept of negligence. We all have a duty to each other's safety in certain situations; for example, doctors must treat their Richmond, MO patients with a standard of care. When someone fails in that responsibility, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or dangerous products cases are determined by strict liability, meaning that anyone in the chain of distribution is liable 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 Richmond, 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 affects all products with the same design. An example is a piece of clothing that is easily flammable.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes 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 incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
- Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This occurs when the product was not hazardous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could come about 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically does not have to warn against risks that a reasonable person would anticipate. For example, they do not have to warn you that a match could start a fire.
Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety procedures for guaranteeing the safety of their products. Even so, too often companies do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Richmond, MO will fight by your side and demand nothing but the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in Richmond, MO
Manufacturers, distributors and anyone else in the stream of commerce will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the defendants to argue that you are responsible for a portion of the fault and, therefore, they are not liable 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, claims of comparative fault are a disingenuous attempt an entity involved in the chain of distribution makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Richmond, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant for sitting, it is easy to predict that someone will stand on one. 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 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 happening.
- You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly decrease it but can considerably lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car crash. 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 concept in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
- 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 labeling can often protect someone in the stream of commerce 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 obeyed proper protocols.
- 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 you have no right to ask them for money they do not owe you.
Just because people in the chain of distribution can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies implement myriad tricks to try and minimize your claim, but your Richmond, 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 have never had to make an injury claim before. All you will ever owe is a contingency fee, which means we get paid 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 immediately at for legal advocacy that parallels and surpasses that of bullying manufacturers and distributors and insurance adjusters.
Defective Vehicle Parts Lawyer in Richmond, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Richmond, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in wrecks and fires, and fail to protect occupants from harm as intended. Common defective motor vehicle components we see are:
- Fuel systems
- Windshield wipers
- Door latches
Offroad 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 Richmond, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Richmond, MO has seen cause further injuries to patients include:
- Artificial joints that can cause infections, limited mobility, pain or recurring dislocations
- Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
- Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in pierced organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control implements that can puncture organs, result in pelvic pain, abnormal hemorrhaging and unplanned pregnancies
As the medical industry becomes more high-tech, medical device recalls have increased exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly as a result of issues with software.
In 2017, the U.S. Health and Human Services Department reported that in the course of 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of easing it. If a faulty medical device ended up aggravating your condition, your Richmond, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements deteriorate too quickly and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 people who had received the replacement joint. When Burger Law was contacted 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 read our original complaint here:
Defective Drug Lawyer in Richmond, MO
The Federal Drug Administration has stringent protocols that pharmaceutical companies must adhere to from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. That means that many prescriptions reach the shelves whose potential side effects greatly outweigh their 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 Richmond, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.
Four thousand five hundred prescriptions and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one sustained injuries because of careless pharmaceutical companies and manufacturers, reach out to 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 they have caused. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from this world too soon.
Other common defective products we file suit for in Richmond, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Richmond, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Richmond, MO knows that being harmed by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Richmond and throughout Missouri collect great 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 immediately start working on wining you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical toll your injury has inflicted on you and your Richmond, MO family. We will stand 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 Richmond, MO right away at or contact us online to take the first step toward a true recovery.