have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Rogersville, MO.
Defective Products Lawyer in Rogersville, MO. If you or someone you care about sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Rogersville, MO now at (314) 500-HURT or fill out our online form for a complimentary case evaluation.
Think of your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit at in a chair or work around heavy equipment, and/or use your cell phone on and off throughout the day. You may drive go-carts on your days off. You may even have a ankle replacement or other medical device. 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 dangerous, it can cause serious harm to you and your Rogersville, MO family. When that happens to you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and get you the great compensation you deserve.
In our In our three decades of experience standing up for fairness and justice, we have secured our clients in Rogersville and throughout Missouri in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Rogersville, MO right away at (314) 500-HURT.
If you were harmed by a faulty product in Rogersville, MO, learn how much your claim may be worth by utilizing our complimentary personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Rogersville, 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?
Rogersville, MO Defective Products Statistics
The Consumer Product Safety Commission states that defective products are responsible for in excess of 29 million injuries and 21,000 fatalities each year.
Based on facts from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the unbelievable ruin an unsafe product can cause.
If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Rogersville, MO for empathetic, devoted and skilled support and legal counsel.
What is the Process for Defective Products Claims in Rogersville, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Rogersville, MO defective products lawyer can file a "strict liability" suit if three conditions are met:
- The corporation was involved in the product's chain of distribution.
- You used the product in a manner reasonably anticipated.
- One or both of the following:
- The product was in a faulty condition that was unreasonably dangerous when the product was sold that was the proximate cause of your injuries, 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 going to the market, from initial conception to sale, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product may be dismissed from the claim if:
- The manufacturer is known, has not closed their business and is financially capable of paying 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 facet of the design and manufacturing process.
- The dismissal is requested to the judge within 60 days.
If those conditions are met, the distributor 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 engineering of the product than they led on, were otherwise liable for the dangerous condition or the manufacturer cannot compensate you for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held accountable.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense will only work for 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 hazardous condition.
Have You Been Injured from a Dangerous Product?
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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The Difference Between Strict Liability and Negligence in Defective Products Cases
The majority of personal injury suits in Rogersville, MO are decided by the notion of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, doctors must treat their Rogersville, MO patients with a standard of care. When someone fails in that obligation, for instance if if you are misdiagnosed because of substandard medical attention they can be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or dangerous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is responsible for any damage a product causes, 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 Rogersville, 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 you acquired it.
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 passes the flaw to all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of a failure 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 installing outdated components or using the wrong kind of screws or bolts.
- Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically does not have to warn against obvious risks. For example, they do not have to warn you that a match could start a fire.
Strict liability is meant to incentivize corporations to implement thorough safety protocols for guaranteeing the safety of their products. However, too often companies do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Rogersville, MO will fight by your side and insist on only a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Rogersville, MO
An oft-used defense for manufacturers in a product liability case is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or seller to argue that you are responsible for a portion of the fault 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 at fault for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to get out their responsibility to pay you for the harm they have caused. Your Rogersville, 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 fault 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 the public 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. On the other hand, if you are injured playing catch with a power tool or other sharp object, 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 completely avoid fault but can considerably lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle wreck. 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 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 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 failed to take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around power tools or heavy machinery 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 proper protocols.
- You did not try to keep your damages to a minimum. 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 compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 chain of distribution can — and will — assert that comparative fault applies to your injuries, that does not mean they will be successful. Large corporations and insurance companies employ a lot of dishonest ruses to try and devalue your claim, but your Rogersville, 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 who do not have the same resources. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you receive, and you owe us nothing until we win your case. Reach out to Burger Law now at (314) 500-HURT for legal advocacy that matches and exceeds that of bullying manufacturers and vendors and insurance adjusters.
Defective Vehicle Parts Lawyer in Rogersville, MO
Our defective products lawyer team sees in Rogersville, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. 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 drivers and passengers from harm as intended. Common faulty motor vehicle components we see are:
- Fuel systems
- Electrical systems
- Door latches
Alternative vehicles like ATVs can also cause injuries, 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 Rogersville, MO
We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Rogersville, MO has seen cause further injuries to patients include:
- Artificial hips, knees or other joints that can result in infections, limited mobility, pain or recurring dislocations
- Pacemakers, which can lead to 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 faulty, can cause pierced 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 pierce organs, cause pain in the pelvic region, abnormal hemorrhaging and unplanned pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the number one cause.
In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare paid out at least $1.5 billion to replace more than 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 improving our lives. If a defective medical device ended up aggravating your condition, your Rogersville, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
Earlier this year, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was contacted 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 read our original complaint here:
Defective Drug Lawyer in Rogersville, MO
The Federal Drug Administration has strict protocols 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 market. With no absolute third-party testing 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, 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 Rogersville, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.
Four thousand five hundred drugs and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you love received injuries because of careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from their family too soon.
Other common dangerous products we file suit for in Rogersville, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Call Burger Law Now
Rogersville, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Rogersville, MO knows that being harmed by a faulty 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 vulnerable in Rogersville and throughout Missouri be compensated 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 getting you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your Rogersville, 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 Rogersville, MO immediately at (314) 500-HURT or contact us online to start on the path to a true recovery.