Defective Products Lawyer in Shaw, MO.
Defective Products Lawyer in Shaw, MO. If you or someone you love sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Shaw, MO right away at or fill out our online form for a complimentary consultation.
Think of what you do every day: 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 at in a chair or work around heavy equipment, and/or use your iPhone at various times during the day. You may use lawnmowers on your days off. 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 has gone through various stages of design and production before it reaches the shelves. When there is a mistake in the chain of distribution and a product becomes defective, it can have a ruinous effect on on your life and lives of those you love in Shaw, MO. If tragedy struck you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to stand in your corner and secure you the great compensation you deserve.
In our three decades of negotiation, litigation and trial experience, we have won our clients in Shaw and throughout Missouri in excess of $170 million. Talking to us is free, so there's no reason not to reach out. Get in touch with a defective products lawyer in Shaw, MO today at .
If you were harmed by a dangerous product in Shaw, MO, find out how much your claim may be worth by using our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Shaw, 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?
Shaw, MO Defective Products Statistics
The Consumer Product Safety Commission has found that faulty products are responsible for over 29 million injuries and 21,000 fatalities annually.
Based on facts 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 destruction that can be caused when manufacturers and distributors do not follow the rules.
If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Shaw, MO for passionate, devoted and expert support and legal representation.
What is the Process for Defective Products Claims in Shaw, MO?
- The company was involved in the product's design, manufacture, distribution and sale.
- The product was used in a manner reasonably expected.
- One or both of the following:
- The product had a faulty condition that was unreasonably dangerous when you bought the product 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 "chain of distribution" 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, an entity sold the product but were not involved in the design or manufacture of it can avoid liability if:
- You discover who the manufacturer is, it has not closed their business and can afford to compensate you for all of your damages.
- The distributor makes an affidavit under oath that their only involvement in the process 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 chain of distribution.
- The dismissal is requested to the court within 60 days.
If the aforementioned conditions are satisfied, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise to blame for the fault or the manufacturer is unable to pay 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 financial recovery you are owed.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be entirely understood before use by the consumer. This defense will only work for for failure to warn product liability claims, and the burden of proof is on the defense.
The Difference Between Strict Liability and Negligence in Defective Products Cases
The majority of personal injury suits in Shaw, MO depend on the conception of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Shaw, MO roads. When someone fails in that duty, for example if if you are misdiagnosed because of substandard medical attention they can be found responsible for your damages and would owe you a financial recovery.
However, most product liability or defective products cases 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, 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 Shaw, 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 defect in the design that afterwards passes the fault to all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
- Manufacturing Defects: This refers to a product that was safe in its design but became unsafe 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 a tainted batch of something intended for drinking containing a poisonous substance.
- Insufficient Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about inherent dangers. 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 obvious dangers. For example, they do not have to warn you that a match could start a fire.
Strict liability is meant to encourage corporations to implement comprehensive safety procedures for verifying the safety of their products. Even so, too often corporations are negligent and concentrate more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Shaw, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but full compensation.
Comparative Negligence in Defective Productions Claims in Shaw, MO
An oft-used defense for manufacturers in a defective products case is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to argue that you are responsible for a portion of your injuries and, therefore, they are not liable for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to avoid their duty to pay you for the damage their product did to you. Your Shaw, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative fault if the following situations apply:
- You did not use the product in a manner 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. By contrast, 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 manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can considerably lower it. Say 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 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 principle 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 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 failed to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling 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 have a duty to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ a lot of dishonest ruses to try and minimize your claim, but your Shaw, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations are unfair 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 we get paid a moderate percentage of the compensation you receive, and we do not collect any attorney's fees until you get the great compensation you deserve. Get in touch with Burger Law immediately at for legal advocacy that parallels and exceeds that of resistant manufacturers and sellers and insurance companies.
Defective Vehicle Parts Lawyer in Shaw, MO
Our defective products lawyer team sees in Shaw, 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 recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to collisions and fires, and lead to further injuries when the safety components to not function as they should. Common defective motor vehicle parts we see are:
- Fuel systems
- Electrical systems
- Steering systems
- Engine cooling fan blades
Alternative vehicles like ATVs can also cause damage, for instance if a design defect gives them a heightened propensity 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 Shaw, MO
Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Shaw, MO has seen be defective include:
- Artificial joints that can result in infections, limited mobility, chronic soreness or frequent dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
- Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can result in perforated organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can perforate organs, lead to pelvic pain, abnormal bleeding and unwanted pregnancies
As the medical industry keeps coming up with more and more advanced technologies, the amount of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the foremost factor.
In 2017, the U.S. Health and Human Services Department found that over the span of a decade Medicare spent at least $1.5 billion to replace more than 73,000 flawed cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a defective medical device caused you damages, your Shaw, 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, was forced to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused incredible pain and permanent damage to potentially as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was retained 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 the complaint we filed for our first client here:
Defective Drug Lawyer in Shaw, MO
The Federal Drug Administration has stringent procedures 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 shelves. With no absolute independent testing many medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line over the safety of the people who need medicine and treatments that are truly effective. 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 Shaw, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.
Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. each year, 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 irresponsible pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer as soon as possible. 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 filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.
Other common defective products we file suit for in Shaw, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Shaw, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Shaw, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your life. That is why we strive to see the injured in Shaw 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 delivering you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Shaw, MO family. We will fight 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 Shaw, MO now at or contact us online to take the first step toward a true recovery.