Defective Products Lawyer in Sullivan, MO.
Defective Products Lawyer in Sullivan, MO. If you or someone you care about was harmed by a dangerous product, reach out to a Burger law defective products lawyer in Sullivan, MO immediately at or fill out our online form for a complimentary case review.
Think of what your daily like looks like: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around machines, and/or use your android at various times during the day. You may go 4-wheeling on your days off. You may even have a knee replacement 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 market. When there is an error in the chain of distribution and a product becomes hazardous, it can have a devastating effect on Sullivan, MO individuals and families. If tragedy struck you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to stand in your corner and win you the maximum compensation you deserve.
In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Sullivan and beyond in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Sullivan, MO immediately at .
If you were injured by a defective product in Sullivan, MO, learn the true value of your claim by filling out our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Sullivan, 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?
Sullivan, MO Defective Products Statistics
The Consumer Product Safety Commission states that defective products are responsible for more than 29 million injuries and 21,000 fatalities annually.
According to 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 harm that can be caused when manufacturers and distributors do not follow proper safety measures.
If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Sullivan, MO for understanding, devoted and experienced support and legal advocacy.
How Defective Products Claims Work in Sullivan, MO
Pursuant to Missouri Revised Statute §537.760, you and your Sullivan, MO defective products lawyer can can hold a person or company accountable for your damages if three factors are met:
- The corporation was part of the product's chain of distribution.
- You used the product in a way reasonably expected.
- One or both of the following:
- The product was in a faulty condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
- Your injuries stemmed from a hazardous 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 sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may avoid liability if:
- You discover who the manufacturer is, it still does business and is financially capable of compensating you for the entirety of your injuries.
- The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- There is no evidence is submitted to the court that the distributor was involved in any other facet of the design and manufacturing process.
- The dismissal is requested to the judge within 60 days.
If the aforementioned conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise responsible for the fault or the manufacturer cannot reimburse you for all 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 you get the great financial recovery you deserve.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense will only work for for inadequate warning product liability lawsuits, 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 lawsuits in Sullivan, MO are decided by the idea of negligence. We all owe each other a duty of care in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they may be found liable for your damages and would owe you compensation.
By contrast, most product liability or defective products claims are strict liability claims, meaning that a designer, manufacturer or vendor is to blame for any injuries a product causes, 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 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:
- Design Defect: A design defect is an innate fault in the design that subsequently affects all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
- Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure 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 installing outdated components or a swing set with a cracked chain.
- Inadequate Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about from normal use of the product. 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. A manufacturer 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 exhaustive safety procedures for guaranteeing the safety of their products. However, too often corporations do not value our safety and spend more energy on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Sullivan, MO will hold them accountable by conducting a full investigation of your case and demanding only maximum compensation.
Comparative Negligence in Defective Productions Claims in Sullivan, MO
Manufacturers, distributors and anyone else in the chain of distribution will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to posit that you are responsible for a portion of the fault and, therefore, they are not required to compensate you 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, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt a defendant makes to avoid their duty to reimburse you for the damage their product did to you. Your Sullivan, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may say you shoulder 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 responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant for sitting, 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 shotgun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that use of the product.
- You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to totally avoid fault but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car collision. A pharmaceutical company could reasonably see 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 called 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, 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 make custom modification to your car's engine despite not being a mechanic. 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. 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 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 adhered to proper protocols.
- You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the financial recovery you are owed. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 — argue that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies employ myriad tricks to try and minimize your claim, but your Sullivan, MO defective products lawyer at Burger Law knows how to combat them. 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. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the compensation you receive, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law right away at for legal representation that parallels and eclipses that of bullying manufacturers and distributors 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 it takes to make them run. 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 fail to protect occupants from harm as intended. Common faulty motor vehicle components we see are:
- Electrical systems
Alternative vehicles like 4-wheelers can also cause harm, 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 Sullivan, MO
We need medical devices to enhance and extend our lives. But, sometimes they can 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 Sullivan, MO has seen be defective are:
- Artificial joints that can lead to infections, limited mobility, pain or recurring dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can result in punctured organs, infections and electrical burns
- Blood clot filters that allow dislodged blood clots to slip into the lungs
- Permanent birth control devices that can pierce organs, cause pain in the pelvic region, abnormal 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 three months of 2018, medical device recalls rose by 126 percent, with software issues being the major factor.
In 2017, the U.S. Health and Human Services Department reported that over 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Sullivan, MO defective injuries lawyer at Burger Law will hold the responsible 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, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused unimaginable pain and lifelong damage to potentially 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 by clicking the button below:
Defective Drug Lawyer in Sullivan, MO
The Federal Drug Administration has strict procedures that pharmaceutical companies must adhere to from manufacturing to delivery. 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 market 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 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 Sullivan, MO to stand up to these bullying corporations and let them know that their behavior is unacceptable.
Four thousand five hundred drugs and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you love sustained injuries because of careless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations liable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.
Other common dangerous products we see in Sullivan, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Sullivan, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Sullivan, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we have pledged our lives to seeing the injured in Sullivan and throughout Missouri receive the best possible compensation 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 delivering you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical toll your injury has taken on you and your Sullivan, 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 Sullivan, MO right away at or contact us online to start on your journey to being made whole again.