Defective Products Lawyer in Versailles, MO.
Defective Products Lawyer in Versailles, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Versailles, MO now at or fill out our online form for a free case evaluation.
Imagine what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around technology, and/or use your android at various times during the day. You may drive go-carts on the weekend. You may even have a knee replacement or other medical device. It seems we're always using or surrounded by some sort of technology that had to be designed, produced, packaged and purchased. When there is a mistake in that process and a product becomes dangerous, it can cause severe injuries to you and your Versailles, MO family. When that happens to you, you need the experienced and dedicated legal services of Burger Law's defective products lawyer team to stand in your corner and win you the full compensation you are owed.
In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Versailles and beyond in excess of $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Versailles, MO now at .
If you were injured by a dangerous product in Versailles, MO, find out the true value of your claim by using our free personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Versailles, 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?
Versailles, MO Defective Products Statistics
The Consumer Product Safety Commission has found that dangerous products result in in excess of 29 million injuries and 21,000 deaths annually.
According to data from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme ruin an unsafe product can cause.
If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Versailles, MO for compassionate, devoted and expert support and legal advocacy.
What is the Process for Defective Products Claims in Versailles, MO?
Under Missouri Revised Statute §537.760, you and your Versailles, MO defective products lawyer can can hold a person or corporation responsible for your damages if three conditions are met:
- The person was involved in the product's design, manufacture, distribution and sale.
- You used the product in a manner easily expected.
- Either or both of the following conditions:
- The product was in a faulty condition that was unreasonably hazardous when you bought the product and your injuries are a direct result of that defect, and/or
- Your injuries stemmed from a hazardous 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 the person or entity that sold you the product. According 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:
- The manufacturer is known, still exists and can afford to compensate you for the entirety of your damages.
- The seller makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
- There is no evidence is submitted to the court that the distributor took part in any other part of the stream of commerce.
- The dismissal is requested to the judge within 60 days.
If the above conditions are fulfilled, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they had a larger role in the production of the product than they led on, were otherwise at fault for the dangerous condition or the manufacturer is unable to compensate you for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation you are owed.
Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product went to market. 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 condition.
Negligence vs. Strict Liability in Defective Products Cases
The majority of personal injury lawsuits in Versailles, MO are won or lost based on the conception of negligence. We all owe each other a duty of care in certain situations; for example, Versailles, MO dog owners must always have control of their dog. When someone fails in that duty, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog 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 hazardous products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is to blame for any injuries 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 Versailles, 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 inherent defect in the design that afterwards affects all products with the same design. An example is a toy intended for children that contains a choking hazard.
- 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 installing outdated components or leaving sharp edges on plastic or other materials.
- Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about inherent dangers. 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 obvious dangers. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to incentivize corporations to implement exhaustive safety protocols for guaranteeing 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 Versailles, MO will hold them responsible by conducting a full investigation of your case and demanding only complete compensation.
Comparative Negligence in Defective Productions Claims in Versailles, MO
Manufacturers, vendors and anyone else in the chain of distribution will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the defendants to argue that you are liable 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 responsible for your injuries, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt an entity involved in the stream of commerce makes to avoid their responsibility to pay you for the harm they have caused. Your Versailles, 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 way the manufacturer could foresee. A manufacturer or seller 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. On the other hand, if you are injured playing catch with a power tool or other sharp object, 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 stream of commerce will not be able to entirely avoid liability but can significantly reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle 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 risks of the product while you were using it. This is often referred to 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 make custom modification to your car's engine despite not being a mechanic. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- 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 are your fault because you had not followed proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you are expected 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 they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.
Just because people in the stream of commerce 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 numerous dishonest ruses to try and devalue your claim, but your Versailles, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies have a lot of money to throw at their defense and try to take advantage of people who have never had to file a lawsuit before. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you collect, and you owe us nothing until we win your case. Call Burger Law now at for legal advocacy that matches and eclipses that of resistant manufacturers and sellers and insurance adjusters.
Defective Vehicle Parts Lawyer in Versailles, MO
Our defective products lawyer team sees in Versailles, 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, 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 lead to further injuries when the safety components to not work as they should. Common faulty automobile parts we see are:
- Windshield wipers
- Engine cooling fan blades
Alternative vehicles like ATVs 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 Versailles, MO
We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Versailles, MO has seen cause further complications for patients include:
- Artificial hips, knees or other joints that can lead to infections, limited mobility, pain or recurring dislocations
- Pacemakers, which can result in infections or even wrongful death because of premature failures
- Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in 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 puncture organs, cause pain in the pelvic region, abnormal blood loss and unplanned pregnancies
As the medical industry becomes more high-tech, medical device recalls have gone up exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly owing to issues with software.
In 2017, the U.S. Health and Human Services Department found that in the course of a decade Medicare spent at least $1.5 billion to replace more than 73,000 faulty heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a defective medical device caused you damages, your Versailles, MO defective injuries lawyer at Burger Law will hold the at-fault 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 deteriorate sooner than anticipated and have caused incredible pain and permanent damage to potentially as many as 150,000 people who were depending on the replacement joint to ease their pain. 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 read the complaint we filed for our first client by clicking the button below:
Defective Drug Lawyer in Versailles, MO
The Federal Drug Administration has firm procedures 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. That means that many prescriptions 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 who need medicine and treatments that truly help their condition. 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 Versailles, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.
Four thousand five hundred medications and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or someone you love had your condition worsen because of careless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by securing you compensation and holding negligent corporations liable. Burger Law has already successfully won claims 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 Versailles, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Versailles, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Versailles, MO knows that when manufacturers and sellers 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 have devoted our lives to seeing the injured in Versailles 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 securing you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Versailles, 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 Versailles, MO now at or contact us online to take the first step toward a true recovery.