Defective Products Lawyer in Tipton, MO.
Defective Products Lawyer in Tipton, MO. If you or someone you care about sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Tipton, MO immediately at or fill out our online form for a free case review.
Picture what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit by a computer or work around heavy equipment, and/or use your android on and off throughout the day. You may drive go-carts on your free days. You may even have a pacemaker 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 an error in that process and a product becomes hazardous, it can cause serious harm to you and your Tipton, MO family. If tragedy struck you, you need the accomplished and committed legal services of Burger Law's defective products lawyer team to stand in your corner and secure you the maximum compensation you are owed.
In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Tipton 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. Get in touch with a defective products lawyer in Tipton, MO now at .
If you were harmed by a dangerous product in Tipton, MO, see the true value of your claim by utilizing our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Tipton, 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?
Tipton, MO Defective Products Statistics
The Consumer Product Safety Commission states that hazardous products cause over 29 million injuries and 21,000 fatalities every year.
According to data 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 extreme destruction that can be caused when manufacturers and vendors do not follow the rules.
If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Tipton, MO for empathetic, devoted and talented support and legal representation.
What is the Process for Defective Products Claims in Tipton, MO?
- The corporation was involved in the product's chain of distribution.
- The product was used in a manner easily anticipated.
- Either or both of the following conditions:
- 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 hazardous 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 hitting the shelves, from initial conception to sale, including a distributor or seller. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the claim if:
- The manufacturer is known, has not closed their business and is able to reimburse you for the entirety of your injuries.
- The vendor signs an affidavit under oath that their only involvement in the process was selling it.
- No other party in the case presents evidence that the distributor took part in any other part of the stream of commerce.
- The motion to dismiss is filed within 60 days.
If the above conditions are met, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise at fault for the dangerous condition or the manufacturer cannot compensate you for all 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 that every at-fault party is held responsible.
Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense is only applicable to for failure to warn defective products lawsuits, and the burden of proof is on the defense.
Negligence vs. Strict Liability in Defective Products Cases
Most personal injury lawsuits in Tipton, MO are decided by the idea of negligence. We all have an obligation to each other's safety in certain situations; for example, Tipton, MO dog owners must always have control of their dog. When someone fails in that responsibility, for instance if are injured by a fatigued truck driver they can be held liable for your damages and would owe you compensation.
By contrast, most product liability or hazardous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is to blame for any damage that stems from 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 Tipton, 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 subsequently passes the imperfection to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- Manufacturing Defects: A product can be designed effectively and safely but still become hazardous 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 bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
- Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This occurs when the product was not defective 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 a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer generally does not have to warn against dangers that a reasonable person would anticipate. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is meant to hold corporations accountable and persuade them to implement exhaustive safety procedures for ensuring the safety of their products. However, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Tipton, MO will fight on your behalf and insist on nothing but a full financial recovery.
Comparative Negligence in Defective Productions Claims in Tipton, MO
An oft-used defense for manufacturers in a defective products claim is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the defendants to put forth the argument that you are responsible for a portion of your injuries and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, you will only receive $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 Tipton, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According to the statute, the defense may say you bear some or all of the fault if one or several of the following circumstances are relevant in your case:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor 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 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 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 lower it but can considerably lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car wreck. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
- You knew of inherent hazards of the product while you were using it. This is often referred to as "Assumption of the risk," a principle in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
- 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 injured doing such a thing.
- You did not 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 were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries are your fault because you had not 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 keep your damages as low as you reasonable can. For example, you cannot seek unnecessary medical treatment. 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. Powerful corporations and insurance companies implement a variety of deceitful tactics to try and devalue your claim, but your Tipton, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you receive, and you owe us nothing until we win your case. Reach out to Burger Law today at for legal advocacy that matches and exceeds that of resistant manufacturers and vendors and insurance adjusters.
Defective Vehicle Parts Lawyer in Tipton, MO
Our defective products lawyer team sees in Tipton, 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, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause accident and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous motor vehicle components we see are:
- Fuel systems
- Electrical wires
- Steering systems
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 Tipton, MO
We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Tipton, MO has seen cause further complications for patients are:
- Artificial joints that can lead to infections, instability, pain or frequent dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause pierced organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control implements that can perforate organs, lead to pain in the pelvic region, abnormal bleeding and unwanted pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the foremost cause.
In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare spent at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Tipton, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.
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 do not last nearly as long as they were built to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was retained by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Tipton, MO
The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey 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 market. That means that many drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies put profit over 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 Tipton, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Four thousand five hundred medications and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or a loved one sustained injuries because of careless pharmaceutical companies and manufacturers, get in touch with 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 peace for the wrongful death of their loved one.
Other common dangerous products we collect compensation for our clients for in Tipton, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Tipton, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Tipton, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we strive to see the vulnerable in Tipton 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 securing you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Tipton, 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 Tipton, MO now at or contact us online to start on your journey to true healing.