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Defective Products Lawyer in Sullivan, MO.

Defective Products Lawyer in Sullivan, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Sullivan, MO now at (314) 500-HURT or fill out our online form for a free case evaluation.

Imagine what your daily like looks like: You may have put on some lotion or 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 throughout the day. You may go boating on the weekend. 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 at one point was designed, manufactured, shipped and bought. When there is an oversight in the stream of commerce and a product becomes defective, it can have a catastrophic impact on Sullivan, MO individuals and families. If tragedy struck you, you need the expert and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the full financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have won our clients in Sullivan and beyond in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Sullivan, MO immediately at (314) 500-HURT.

If you were hurt by a faulty product in Sullivan, MO, find out how much your claim may be worth by utilizing our free personal injury calculator.



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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Sullivan, MO:

How Common Are Defective Products in Sullivan, MO?

The Consumer Product Safety Commission estimates that faulty products result in more than 29 million injuries and 21,000 deaths each year.

According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the unbelievable ruin that can be caused when manufacturers and vendors do not adhere to the rules.

If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Sullivan, MO for understanding, committed and talented support and legal representation.

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

According to Missouri Revised Statute §537.760, you and your Sullivan, MO defective products lawyer can file a "strict liability" suit if three conditions are met:

  1. The defendant was part of the product's chain of distribution.
  2. You used the product in a way logically anticipated.
  3. Either or both of the following conditions:
    1. The product had a faulty condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, and/or
    2. 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 going to the market, from initial conception to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may be dismissed from the lawsuit if:

  • You discover who the manufacturer is, it has not closed their business and is financially capable of paying you for the entirety of your injuries.
  • The seller makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case submits evidence that the distributor 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 above conditions are satisfied, the distributor 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 design and manufacture of the product than they led on, were otherwise responsible for the fault or the manufacturer is unable to pay 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 dangerous condition could not be entirely understood before use by the consumer. This defense is only valid 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 dangerous aspect.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury cases in Sullivan, MO are determined by the conception of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Sullivan, MO patients with a standard of care. When someone fails in that responsibility, for example if sustain an injury because you were hit by a distracted driver they can be held liable for your damages and would have to pay you a financial recovery.

However, most product liability or dangerous products claims are strict liability claims, meaning that anyone in the chain of distribution is liable 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 Sullivan, 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 innate flaw in the design that subsequently affects 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.
  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 a swing set with a cracked chain.
  3. Insufficient Warnings and Instructions: 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 hazard that could arise from normal use of the product. 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 generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to incentivize corporations to implement thorough safety procedures for verifying that their products will not put the people who use it at risk. Even so, too often companies do not value our safety and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Sullivan, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Sullivan, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for those in the chain of distribution to put forth the defense that you are responsible for a portion of your injuries and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 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 disingenuous attempt a manufacturer makes to avoid their duty to pay you for the damage their product did to you. Your Sullivan, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may say 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 seller is only has to make a product safe for ways that they can expect the public to use it. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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 be expected to foresee that happening.
  • You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly lower it but can significantly 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 referred to as "Assumption of the risk," a concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously hurt 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 were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not followed proper protocols.
  • You failed to mitigate your damages. In any personal injury claim, you have a duty to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. The defense may say they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.

Just because the manufacturer or distributor can — and will — assert 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 use a variety of deceitful tactics to try and minimize your claim, but your Sullivan, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you receive, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law today at (314) 500-HURT for legal representation that parallels and eclipses that of resistant manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Sullivan, MO

Our defective products lawyer team sees in Sullivan, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in wrecks and fires, and fail to protect occupants from harm as intended. Common dangerous car components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Tires
  • Door latches
  • Headlights and taillights

Alternative vehicles like ATVs can also cause harm, 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 Sullivan, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more complications when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Sullivan, MO has seen be defective include:

  • Artificial joints that can result in infections, instability, pain or recurring dislocations
  • Pacemakers, which can result in infections or even wrongful death because of premature failures
  • Surgical robots intended to operate on hard to reach areas which, when faulty, can lead to perforated organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control implements that can pierce organs, cause pain in the pelvic region, excessive bleeding and unwanted pregnancies

As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the foremost factor.

In 2017, the U.S. Health and Human Services Department stated that over the span of 10 years Medicare had to spend 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 extensive pain instead of easing it. If a flawed medical device caused you injuries, your Sullivan, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 people who were depending on the replacement joint to return their mobility. 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:

View Complaint

Defective Drug Lawyer in Sullivan, MO

The Federal Drug Administration has strict protocols 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 drugs reach the shelves without an objective analysis of the potential drawbacks compared to the 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, 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 Sullivan, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable.

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 a family member had your condition worsen because of reckless pharmaceutical companies and corporations, reach out to 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 some sense of justice for the wrongful death of their loved one.

Other common defective products we file suit for in Sullivan, 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

Sullivan, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Sullivan, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we endeavor to see the injured in Sullivan 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 costs and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Sullivan, 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 Sullivan, MO now at (314) 500-HURT or contact us online to take the first step toward true healing.

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