have you been injured by a dangerous product in Missouri? Call Burger Law now. Defective Products Lawyer in Sikeston, MO. Defective Products Lawyer in Sikeston, 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 Sikeston, MO now at (314) 500-HURT or fill out our online form for a free case review. Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit at in a chair or work around technology, and/or use your iPhone on and off throughout the day. You may use lawnmowers on the weekend. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the shelves. When there is an error in the chain of distribution and a product becomes dangerous, it can have a devastating impact on on your life and lives of those you love in Sikeston, MO. When that happens to you, you need the skilled and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the maximum financial recovery you deserve. In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Sikeston and beyond in excess of $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Sikeston, MO right away at (314) 500-HURT. If you were injured by a dangerous product in Sikeston, MO, see how much your claim may be worth by utilizing our complimentary personal injury calculator. Chesterfield, MOChesterfield, MO100 Chesterfield Business PkwySuites 200-222Chesterfield, MO 63005By appointment onlyPhone: (314) 648-8348View Location Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Sikeston, MO: FDA Recall List and Safety Alerts Consumer Products Safety Commission Recall List U.S. Department of Transportation Motor Vehicle Recall List Recalls.Gov 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? Sikeston, MO Defective Products Statistics The Consumer Product Safety Commission estimates that dangerous products are responsible for over 29 million injuries and 21,000 fatalities each year. 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 incredible devastation an unsafe product can cause. If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Sikeston, MO for understanding, committed and skilled support and legal counsel. What is the Process for Defective Products Claims in Sikeston, MO? Pursuant to Missouri Revised Statute §537.760, you and your Sikeston, MO defective products lawyer can file a "strict liability" suit if three factors are met: The person was involved in the product's chain of distribution. The product was used in a way reasonably anticipated. One or both of the following: The product had a defective condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, and/or You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning. 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 purchase, including a distributor or vendor. 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 may be dismissed from the claim if: The manufacturer is known, still does business and is financially capable of paying you for the entirety of your injuries. The vendor makes an affidavit under oath that they had nothing to do with the product beyond selling it. No other party in the case puts forward evidence that the seller took part 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 the aforementioned conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise liable for the dangerous condition or the manufacturer is unable to compensate 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 responsible. Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense is only valid for inadequate warning product liability claims, 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?Have You Been Injured from a Dangerous Product?Click to view videoWhat Do I Have to Prove to Win A Defective Product Liability Lawsuit?What Do I Have to Prove to Win A Defective Product Liability Lawsuit?Click to view videoCloseClose Strict Liability and Negligence in Defective Products Claims: What's the Difference? The majority of personal injury claims in Sikeston, MO are determined by the concept 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 if you are misdiagnosed because of substandard medical attention they may be found liable for your damages and would owe you compensation. However, most product liability or dangerous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is accountable for any injuries that results 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 Sikeston, 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 inherent flaw in the design that afterwards passes the flaw 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 using the wrong kind of screws or bolts. Failure to Warn of Known Risks or Risks That Should Have Been Foreseen: 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 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically does not have to warn against risks 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 incentivize corporations to implement exhaustive safety protocols for verifying the safety of their products. However, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Sikeston, MO will fight on your behalf and demand nothing but a full financial recovery. Comparative Negligence in Defective Productions Claims in Sikeston, MO An oft-used defense for manufacturers in a product liability lawsuit is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or seller to posit that you are responsible for 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 to blame for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt an entity involved in the stream of commerce makes to eschew their duty to reimburse you for the damage their product did to you. Your Sikeston, 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 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, 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 put wheels on a chair and are injured racing it down the street, you likely do not have a claim because the manufacture would not reasonably foresee that happening. You used the product in a manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can considerably diminish 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 knew of inherent risks of the product while you were using it. This is often referred to as "Assumption of the risk," a theory in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. 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 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 obeyed proper protocols. You failed to try to keep your damages to a minimum. 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 people in the stream of commerce can — and will — work hard to persuade a jury that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies implement a variety of dishonest ruses to try and devalue your claim, but your Sikeston, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the compensation you collect, and we do not collect any attorney's fees until we win your case. Call Burger Law immediately at (314) 500-HURT for legal representation that matches and eclipses that of bullying manufacturers and vendors and insurance adjusters. Defective Vehicle Parts Lawyer in Sikeston, MO Our defective products lawyer team sees in Sikeston, 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 cause accident and fires, and fail to protect drivers and passengers from harm as intended. Common defective motor vehicle components we see are: Brakes Airbags Fuel systems Electrical wires Wheels Seats Engine cooling fan blades Alternative vehicles like 4-wheelers 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 Sikeston, MO Medical devices are intended 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. Examples of medical devices that your Burger Law defective products lawyer in Sikeston, MO has seen cause further injuries to patients are: Artificial joints that can lead to infections, limited mobility, chronic soreness or recurring dislocations Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures Robotic surgical assistants designed to operate on hard to reach areas which, when they do not work properly, can lead to punctured organs, infections and internal burns Blood clot filters that permit free-floating blood clots to slip into the lungs Permanent birth control devices that can pierce organs, lead to pain in the pelvic region, abnormal hemorrhaging and unwanted pregnancies As the medical industry keeps coming up with new technologies, the numbers of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, mostly as a result of issues with software. In 2017, the U.S. Health and Human Services Department reported that over the span of 10 years Medicare paid out at least $1.5 billion to replace over 73,000 faulty cardiovascular 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 ended up worsening your condition, your Sikeston, 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. In February 2022, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was contacted by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint here: View Complaint Defective Drug Lawyer in Sikeston, MO The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. 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 shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Sikeston, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable. Four thousand five hundred drugs 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 a family member received injuries because of irresponsible 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 they have caused. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from their family too soon. Other examples of defective products we see in Sikeston, MO include: Children's toys Chemicals such as week killer Baby powder Household appliances Industrial equipment Cell phone batteries Beauty products Call Burger Law Now Sikeston, MO Defective Products Lawyer | Burger Law Every Burger Law defective products lawyer in Sikeston, 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 injured in Sikeston and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on securing you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical toll your injury has inflicted on you and your Sikeston, 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 Sikeston, MO immediately at (314) 500-HURT or contact us online to take the first step toward being made whole again.