have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Sedalia, MO.
Defective Products Lawyer in Sedalia, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Sedalia, MO today at (314) 500-HURT or fill out our online form for a complimentary case review.
Picture what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around technology, 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 joint replacement or other medical device. It seems we're always using or surrounded by some sort of product that had to be designed, produced, shipped and sold. When there is an oversight in the stream of commerce and a product becomes defective, it can have a ruinous impact on on your life and lives of those you love in Sedalia, MO. When that happens to you, you need the knowledgeable and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the maximum compensation you are owed.
In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have won our clients in Sedalia and beyond over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Sedalia, MO now at (314) 500-HURT.
If you were hurt by a faulty product in Sedalia, MO, see the true value of your claim by filling out our free 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 Sedalia, 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?
Sedalia, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that defective products are responsible for in excess of 29 million injuries and 21,000 fatalities annually.
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 that can be caused when manufacturers and distributors do not follow the rules.
If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Sedalia, MO for passionate, dedicated and talented support and legal representation.
What is the Process for Defective Products Claims in Sedalia, MO?
According to Missouri Revised Statute §537.760, you and your Sedalia, MO defective products lawyer can make a "strict liability" claim if three factors are true:
- The company was involved in the product's design, manufacture, distribution and sale.
- You used the product in a way logically expected.
- One or both of the following:
- The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor's that caused you direct harm, and/or
- Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.
The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the claim if:
- You discover who the manufacturer is, it still does business and can afford to reimburse you for all of your injuries.
- The seller signs an affidavit under threat of perjury that their only involvement in the process was selling it.
- No other party in the case presents evidence that the vendor was involved in any other aspect of the chain of distribution.
- The dismissal is requested to the court 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 proves that they had a larger role in the design and manufacture of the product than they intimated, were otherwise liable for the fault or the manufacturer cannot reimburse you for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable party is held accountable.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a hazardous 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 inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.
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 lawsuits in Sedalia, MO are based on the notion of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example 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 owe you a financial recovery.
By contrast, most product liability or defective products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is liable for any injuries that results the reasonable use of a product, 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 Sedalia, 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 fault in the design that afterwards passes the flaw to all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- 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 hazardous chemicals. An example could be bugs or other contaminants found in beverages or not properly fastening components to each other.
- Failure to Warn of Known Risks or Risks 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 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product typically does not have to warn against obvious risks. For instance, 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 comprehensive safety protocols for ensuring the safety of their products. However, too often companies do not value our safety and spend more energy on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Sedalia, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but complete compensation.
Comparative Negligence in Defective Productions Claims in Sedalia, MO
Manufacturers, vendors and anyone else in the chain of distribution will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to argue that you share a portion of your damages and, therefore, they do not have to pay you 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, comparative negligence arguments are a dishonest attempt a defendant makes to avoid their obligation to pay you for the damage their product did to you. Your Sedalia, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:
- You did not use the product in a way 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. By contrast, if you use a loaded gun 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 way the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability 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 hazards of the product while you were using it. This is often referred to as "Assumption of the risk," a concept in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
- 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You did not 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 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 obeyed 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 distributor can — and will — try to convince the court that comparative negligence applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies employ a variety of tricks to try and minimize your claim, but your Sedalia, MO defective products lawyer at Burger Law knows how to combat them. We know these companies 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 financial recovery you collect, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law immediately at (314) 500-HURT for legal counsel that parallels and surpasses that of bullying manufacturers and sellers and insurance adjusters.
Defective Vehicle Parts Lawyer in Sedalia, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Sedalia, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and lead to further injuries when the safety components to not work as they should. Common defective automobile components we see are:
- Fuel systems
- Windshield wipers
- Steering systems
- Engine cooling fan blades
Alternative 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 Sedalia, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further injuries when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Sedalia, MO has seen be defective are:
- Artificial hips, knees or other joints that can cause 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
- Surgical robots intended to operate on hard to reach areas which, when they malfunction, can result in perforated organs, infections and electrical burns
- Blood clot filters that allow dislodged blood clots to slip into the lungs
- Permanent birth control devices that can perforate organs, result in pelvic pain, excessive bleeding and unwanted pregnancies
As the medical industry keeps implementing new technologies, the amount of recalls issued for medical devices has increased exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the number one factor.
In 2017, the U.S. Health and Human Services Department reported that in the course of a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Sedalia, MO defective injuries lawyer at Burger Law will hold the liable 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 improperly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused unthinkable pain and permanent damage to possibly as many as 150,000 people who were depending on the replacement joint to return their mobility. 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 view the complaint we filed for our first client here:
Defective Drug Lawyer in Sedalia, MO
The Federal Drug Administration has stringent procedures 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. With no absolute third-party testing many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people they are supposed to be helping. 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 Sedalia, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable.
Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you love received injuries because of irresponsible pharmaceutical companies and corporations, 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 has been inflicted because of their actions. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.
Other examples of dangerous products we see in Sedalia, 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
Sedalia, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Sedalia, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we strive to see the injured in Sedalia 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 do not hesitate to start working on getting you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical hardships your injury has taken on you and your Sedalia, MO family. We will stand by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Sedalia, MO today at (314) 500-HURT or contact us online to start on your journey to a true recovery.