Defective Products Lawyer in Riverside, MO.
Defective Products Lawyer in Riverside, MO. If you or someone you care about was harmed by a dangerous product, reach out to a Burger law defective products lawyer in Riverside, MO now at or fill out our online form for a complimentary case review.
Imagine 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 on your bike, sit by a computer or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may use lawnmowers on your free days. You may even have a prosthetic limb 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 the stream of commerce and a product becomes hazardous, it can cause severe injuries to you and your Riverside, MO family. If tragedy struck you, you need the expert and committed legal services of Burger Law's defective products lawyer team to stand by your side and secure you the great compensation you deserve.
In our 30 years of negotiation, litigation and trial experience, we have won our clients in Riverside and throughout Missouri over $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Riverside, MO immediately at .
If you were injured by a defective product in Riverside, MO, learn the true value of your claim by filling out our free personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Riverside, 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 Riverside, MO?
The Consumer Product Safety Commission estimates that defective products account for over 29 million injuries and 21,000 fatalities annually.
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 shows the incredible devastation an unsafe product can cause.
If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Riverside, MO for compassionate, committed and talented support and legal counsel.
What is the Process for Defective Products Claims in Riverside, MO?
- The company was part of the product's stream of commerce.
- The product was used in a manner reasonably expected.
- Either or both of the following conditions:
- The product was in a faulty condition that was unreasonably dangerous when the product was sold 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 dangerous condition.
The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may avoid liability if:
- You discover who the manufacturer is, it still does business and is financially capable of compensating you for the entirety of your damages.
- The entity that sold it signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
- There is no evidence is brought in front of the court that the distributor was involved in any other part of the stream of commerce.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If those conditions are fulfilled, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they had a larger role in the design and manufacture of the product than they intimated, were otherwise responsible for the dangerous condition or the manufacturer cannot compensate you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim 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 hazardous condition could not be completely understood before use by the consumer. This defense is only applicable to for inadequate warning product liability cases, and the burden of proof is on the defense.
Negligence vs. Strict Liability in Defective Products Cases
Most personal injury lawsuits in Riverside, MO are based on the concept 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 you are misdiagnosed because of substandard medical attention they may be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or dangerous products claims are strict liability claims, meaning that anyone in the chain of distribution is to blame for any injuries that stems from 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 Riverside, 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 innate flaw in the design that subsequently affects 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 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 bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This occurs when the product was not dangerous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about from normal use of the product. 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. A manufacturer generally does not have to warn against dangers that a reasonable person would anticipate. For instance, they do not have to warn you that a match could start a fire.
Strict liability is meant to encourage corporations to implement thorough safety procedures for ensuring that their products will not pose a danger to the public. However, 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 cause any damage. When that happens, your Burger Law defective products lawyer in Riverside, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but full compensation.
Comparative Negligence in Defective Productions Claims in Riverside, MO
Manufacturers, distributors and anyone else in the chain of distribution will often rely on the principle of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to put forth the argument that you are responsible for a portion of your damages and, therefore, they are not obligated to reimburse you for 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 to blame for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt an entity involved in the stream of commerce makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Riverside, 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 seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. 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 be expected to foresee that happening.
- You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to totally avoid fault but can significantly reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
- You knew of inherent hazards 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously injured doing such a thing.
- You neglected to 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 took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you adhered to proper protocols.
- You failed to 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 seek unnecessary medical treatment. 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 — work hard to persuade a jury that comparative fault applies to your case, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ numerous dishonest ruses to try and minimize your claim, but your Riverside, MO defective products lawyer at Burger Law knows how to combat them. We know these companies 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 get paid a moderate percentage of the compensation you get, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law immediately at for legal advocacy that matches and eclipses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Riverside, MO
Our defective products lawyer team sees in Riverside, MO sees more defective vehicles than any other product, both because of their ubiquity 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 function as they should. Common dangerous car parts we see are:
- Windshield wipers
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 Riverside, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further complications when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Riverside, MO has seen be defective are:
- Artificial joints that can lead to infections, instability, pain or frequent dislocations
- Pacemakers, which can result in infections or even wrongful death because of premature failures
- Surgical robots intended to operate on hard to reach areas which, when faulty, can result in perforated organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control implements that can puncture organs, cause pelvic pain, excessive blood loss and unplanned pregnancies
As the medical industry keeps inventing more and more advanced technologies, medical device recalls have soared. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the number one factor.
In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare spent at least $1.5 billion to replace more than 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of helping us. If a defective medical device caused you damages, your Riverside, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to deteriorate too quickly and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was made aware of the defect 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 the complaint we filed for our first client by clicking the button below:
Defective Drug Lawyer in Riverside, MO
The Federal Drug Administration has firm protocols that pharmaceutical companies must obey from manufacturing to sale. 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 prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit over the safety of the people they are supposed to be helping. 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 Riverside, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.
Hundreds of thousands of prescriptions and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member sustained injuries because of careless pharmaceutical companies and corporations, get in touch with 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 held opioid manufacturers responsible when their actions have taken someone from their family too soon.
Other examples of defective products we see in Riverside, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Riverside, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Riverside, MO knows that being harmed by a faulty product can completely disrupt your life. That is why we strive to see the injured in Riverside and throughout Missouri collect full compensation 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 immediately start working on wining you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical toll your injury has taken on you and your Riverside, 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 Riverside, MO immediately at or contact us online to take the first step toward being made whole again.