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Defective Products Lawyer in Smithville, MO.

Defective Products Lawyer in Smithville, MO. If you or someone you love sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Smithville, MO right away at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Picture 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 car, sit by a computer or work around machines, and/or use your iPhone on and off throughout the day. You may go boating 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 technology that has gone through various stages of design and production before it reaches the market. When there is a breakdown in the chain of distribution and a product becomes defective, it can cause serious injuries to you and your Smithville, MO family. If tragedy struck you, you need the knowledgeable 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 30 years of negotiation, litigation and trial experience, we have delivered our clients in Smithville and throughout Missouri more than $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Smithville, MO today at (314) 500-HURT.

If you were injured by a faulty product in Smithville, MO, discover the true value of your case by filling out our free 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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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Smithville, MO:

How Common Are Defective Products in Smithville, MO?

The Consumer Product Safety Commission has found that dangerous products result in 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 speaks to the unbelievable destruction an unsafe product can cause.

If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Smithville, MO for empathetic, committed and skilled support and legal advocacy.

How Defective Products Claims Work in Smithville, MO

Under Missouri Revised Statute §537.760, you and your Smithville, MO defective products lawyer can make a "strict liability" claim if three conditions are true:

  1. The defendant was involved in the product's stream of commerce.
  2. You used the product in a manner rationally expected.
  3. One or both of the following:
    1. The product had a faulty condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, and/or
    2. 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 sale, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, someone 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 is financially capable of compensating you for the entirety of your damages.
  • The vendor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
  • There is no evidence is brought in front of the court that the seller was involved in any other part of the stream of commerce.
  • The motion to dismiss is filed within 60 days.

If the above conditions are satisfied, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they intimated, were otherwise responsible for the fault or the manufacturer is unable to pay for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every at-fault party is held accountable.

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 public. This defense is only valid for failure to warn defective products claims, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury lawsuits in Smithville, MO are decided by the conception of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Smithville, MO roads. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they may be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or dangerous products cases are determined by strict liability, meaning that anyone in the chain of distribution is at fault 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 Smithville, 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:

  1. Design Defect: A design defect is an inherent defect in the design that subsequently affects all of that product model that go on to be manufactured. An example is an improperly designed safeguard on a power tool.
  2. 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, 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 leaving sharp edges on plastic or other materials.
  3. Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused injury because it did not give proper instructions or warnings about innate dangers. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. 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 match could start a fire.

Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety protocols for verifying the safety of their products. However, too often corporations are negligent 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 Smithville, MO will fight on your behalf and demand only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Smithville, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to argue that you are responsible for a portion of your damages and, therefore, they are not liable 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 liable for the accident, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to get out their obligation to reimburse you for the damage their product did to you. Your Smithville, 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 bear some or all of the fault if one or several of the following circumstances are present in your case:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect a consumer 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 use a loaded shotgun 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 the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably lower it but can considerably diminish 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 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, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
  • You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 neglected 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 injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you adhered to 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 lessen the financial recovery you are owed. 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 seller can — and will — argue 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 implement a variety of tricks to try and devalue your claim, but your Smithville, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we collect 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 matches and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Smithville, MO

Our defective products lawyer team sees in Smithville, 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, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause accident and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous automobile components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wires
  • Wheels
  • Seats
  • Headlights and taillights

Offroad vehicles like ATVs can also cause damage, 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 Smithville, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Smithville, MO has seen be defective are:

  • Artificial joints that can lead to infections, limited mobility, pain or recurring dislocations
  • Pacemakers, which can cause infections or even wrongful death because of premature failures
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can result in pierced organs, infections and internal burns
  • Blood clot filters that allow free-floating blood clots to invade the lungs
  • Permanent birth control implements that can pierce organs, lead to pelvic pain, abnormal blood loss and unintended pregnancies

As the medical industry keeps inventing new technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to defects in software.

In 2017, the U.S. Health and Human Services Department reported that over the span of a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of improving our lives. If a faulty medical device ended up aggravating your condition, your Smithville, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was retained 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 the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Smithville, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey from manufacturing to sale. 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. That means that many medications 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 Smithville, MO to stand up for the vulnerable and let these corporations know that their conduct 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 someone you love sustained injuries because of reckless pharmaceutical companies and manufacturers, get in touch with 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 they have caused. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from their family too soon.

Other examples of defective products we see in Smithville, MO include:

  • Children's toys
  • Chemicals such as week killer
  • Baby powder
  • Household appliances
  • Industrial machinery
  • Cell phone batteries
  • Cosmetic products

Call Burger Law Now

Smithville, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Smithville, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Smithville 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 immediately start working on wining you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Smithville, MO family. We will fight 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 Smithville, MO right away at (314) 500-HURT or contact us online to start on your journey to true healing.

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