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Defective Products Lawyer in Scott City, MO.

Defective Products Lawyer in Scott City, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Scott City, MO today at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Imagine what you do every day: You may have put on some lotion or hair gel 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 android on and off throughout the day. You may drive go-carts on your days off. You may even have a pacemaker 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 buyer. When there is a mistake in the chain of distribution and a product becomes dangerous, it can cause serious injuries to you and your Scott City, MO family. If tragedy struck you, you need the accomplished and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the maximum compensation you deserve.

In our In our 30 years of experience fighting for the rights of the injured and vulnerable, we have secured our clients in Scott City and beyond in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Scott City, MO right away at (314) 500-HURT.

If you were hurt by a defective product in Scott City, MO, discover the true value of your case by using our complimentary personal injury calculator.



Chesterfield, MO

Chesterfield, MO

100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005

By appointment only

Phone: (314) 648-8348

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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Scott City, MO:

Scott City, MO Defective Products Statistics

The Consumer Product Safety Commission has found that faulty products result in in excess of 29 million injuries and 21,000 fatalities every year.

According to 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 speaks to the extreme devastation that can be caused when manufacturers and distributors do not adhere to the rules.

If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Scott City, MO for empathetic, devoted and experienced support and legal representation.

What is the Process for Defective Products Claims in Scott City, MO?

Pursuant to Missouri Revised Statute §537.760, you and your Scott City, MO defective products lawyer can can hold a person or corporation accountable for your injuries if three conditions are true:

  1. The person was involved in the product's chain of distribution.
  2. The product was used in a manner easily anticipated.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or vendor's that caused you direct harm, and/or
    2. You were injured because there was a hazardous 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. According to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may avoid liability if:

  • You discover who the manufacturer is, it still does business and can afford to compensate you for the entirety of your injuries.
  • The distributor signs an affidavit under oath that their only involvement in the stream of commerce was selling it.
  • There is no evidence is submitted to 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 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 were actually involved in the design or manufacture of the product, were otherwise at fault for the fault or the manufacturer is unable to 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 you get the great compensation you deserve.

Missouri Revised Statute §537.764 mentions a caveat 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 will only work for for inadequate warning defective products claims, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

Most personal injury lawsuits in Scott City, MO depend on the conception of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Scott City, MO patients with a standard of care. When someone fails in that duty, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be held accountable for your damages and would have to pay you a financial recovery.

By contrast, most product liability or hazardous products claims are strict liability claims, meaning that anyone in the chain of distribution is accountable 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 Scott City, 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:

  1. Design Defect: A design defect is an inherent defect in the design that subsequently passes the imperfection to all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure in the manufacturing process. This can either only make one product faulty, 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about innate risks. 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. The company that makes a product typically does not have to warn against dangers that a reasonable person would foresee. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to encourage corporations to implement thorough safety protocols for ensuring the safety of their products. Even so, too often companies are negligent and concentrate more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Scott City, MO will fight by your side and insist on nothing but a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Scott City, MO

A common defense for manufacturers in a dangerous product case is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to posit that you share a portion of the fault and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent liable for your injuries, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to get out their duty to pay you for the harm they have caused. Your Scott City, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances 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, 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. By contrast, 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 use of the product.
  • You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to completely avoid fault but can significantly decrease 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 theory in tort claims wherein, if the injured party was aware of risks, 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 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 hurt doing such a thing.
  • You did not 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 recommended safety measures.
  • You failed to mitigate your damages. 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 the manufacturer or vendor can — and will — assert that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies use a variety of dishonest ruses to try and minimize your claim, but your Scott City, 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 do not have the same resources. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you get, and you owe us nothing until we win your case. Call Burger Law immediately at (314) 500-HURT for legal representation that parallels and eclipses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Scott City, MO

Our defective products lawyer team sees in Scott City, 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 lead to collisions and fires, and lead to further injuries when the safety components to not work as they should. Common faulty motor vehicle components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Wheels
  • Seats
  • Accelerators

Offroad 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 Scott City, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Scott City, MO has seen be defective include:

  • Artificial joints that can cause infections, instability, chronic soreness or recurring dislocations
  • Pacemakers, which can result in infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on hard to reach areas which, when they malfunction, can cause perforated organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to slip into the lungs
  • Permanent birth control devices that can pierce organs, lead to pain in the pelvic region, abnormal bleeding and unplanned pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have soared. 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 over a decade Medicare spent at least $1.5 billion to replace over 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 faulty medical device caused you injuries, your Scott City, 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 company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to degrade too quickly and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Scott City, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must adhere to from manufacturing to delivery. 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. With no absolute third-party testing many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than 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 Scott City, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you care about received injuries because of reckless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by winning you compensation and holding negligent corporations responsible. 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 common dangerous products we file suit for in Scott City, MO include:

  • Children's toys
  • Chemicals such as cleaning products
  • Baby powder
  • Household appliances
  • Industrial equipment
  • Cell phone batteries
  • Cosmetic products

Call Burger Law Now

Scott City, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Scott City, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we have committed our lives to seeing the vulnerable in Scott City 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 delivering you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your Scott City, 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 Scott City, MO now at (314) 500-HURT or contact us online to start on your journey to being made whole again.

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