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Defective Products Lawyer in Warrensburg, MO.
Defective Products Lawyer in Warrensburg, 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 Warrensburg, MO today at (314) 500-HURT or fill out our online form for a free case review.
Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around technology, and/or use your android on and off throughout the day. You may drive go-carts on your days off. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of technology that had to be designed, manufactured, packaged and purchased. When there is a mistake in the stream of commerce and a product becomes hazardous, it can cause severe harm to you and your Warrensburg, MO family. When that happens to you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the best possible compensation you are owed.
In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Warrensburg and beyond over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Warrensburg, MO now at (314) 500-HURT.
If you were injured by a defective product in Warrensburg, MO, discover the true value of your claim by filling out our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Warrensburg, 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?
Warrensburg, MO Defective Products Statistics
The Consumer Product Safety Commission has found that hazardous products cause over 29 million injuries and 21,000 deaths each year.
According to data 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 destruction an unsafe product can cause.
If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Warrensburg, MO for empathetic, committed and skilled support and legal representation.
How Defective Products Claims Work in Warrensburg, MO
According to Missouri Revised Statute §537.760, you and your Warrensburg, MO defective products lawyer can file a "strict liability" suit if three conditions are met:
- The person was involved in the product's stream of commerce.
- You used the product in a manner rationally foreseen.
- Either or both of the following conditions:
- The product had a faulty condition that was unreasonably hazardous when it left the manufacturer's or seller's 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 "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to purchase, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product can avoid liability if:
- The manufacturer is known, still exists and can afford to compensate you for all of your damages.
- The seller makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- No other party in the case puts forward evidence that the vendor took part in any other facet of the stream of commerce.
- The motion to dismiss is filed within 60 days.
If the above conditions are met, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they had a larger role in the engineering of the product than they intimated, were otherwise at fault for the hazardous condition or the manufacturer is unable to pay for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every liable party is held responsible.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be fully understood before use by the consumer. This defense is only valid for failure to warn product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.
Have You Been Injured from a Dangerous Product?
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury claims in Warrensburg, MO are won or lost based on the notion of negligence. We all have an obligation to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Warrensburg, MO roads. When someone is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they can be held liable for your damages and would owe you compensation.
However, 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, 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 Warrensburg, 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 flaw in the design that subsequently passes the imperfection to all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
- Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure 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 incorrectly installing wires or electrical components or not properly fastening components to each other.
- Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This occurs when the product was not dangerous 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 failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product generally does not have to warn against obvious dangers. For example, they do not have to warn you that a match could start a fire.
Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety protocols for ensuring the safety of their products. Even so, too often companies are negligent and spend more energy on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Warrensburg, MO will fight on your behalf and insist on only the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Warrensburg, MO
An oft-used defense for manufacturers in a defective products case is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce to put forth the defense that you share a portion of your damages and, therefore, they are not liable for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent to blame for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to get out their obligation to reimburse you for the harm they have caused. Your Warrensburg, 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 present in your case:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor 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. By contrast, if you put wheels on a chair and are injured racing it down the street, 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 chain of distribution will not be able to completely avoid fault but can considerably diminish 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 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 theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 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 harmed doing such a thing.
- You failed to follow safety guidelines. 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 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 followed recommended safety measures.
- You did not mitigate your damages. In any personal injury claim, you are ethically bound 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 people in the stream of commerce can — and will — work hard to persuade a jury 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 lot of deceitful tactics to try and minimize your claim, but your Warrensburg, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies 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 we get paid a moderate percentage of the financial recovery you get, and you do not pay us anything until you get the great compensation you deserve. Call Burger Law now at (314) 500-HURT for legal advocacy that matches and eclipses that of bullying manufacturers and vendors and insurance adjusters.
Defective Vehicle Parts Lawyer in Warrensburg, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Warrensburg, MO. 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 collisions and fires, and lead to further injuries when the safety components to not work as they should. Common faulty car components we see are:
- Fuel systems
- Windshield wipers
- Door latches
Offroad vehicles like ATVs can also cause injuries, 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 Warrensburg, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Warrensburg, MO has seen cause further complications for patients are:
- Artificial joints that can lead to infections, limited mobility, chronic soreness or repeated dislocations
- Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as expected
- Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can lead to perforated organs, infections and internal burns
- Blood clot filters that permit free-floating blood clots to invade the lungs
- Permanent birth control devices that can puncture organs, cause pelvic pain, abnormal bleeding and unintended pregnancies
As the medical industry becomes more high-tech, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the major cause.
In 2017, the U.S. Health and Human Services Department stated that over the span of a decade Medicare had to spend at least $1.5 billion to replace over 73,000 flawed heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a flawed medical device ended up aggravating your condition, your Warrensburg, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive a full financial recovery for all of the unneeded pain you experienced.
In February of this year, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements degrade too quickly and have caused unimaginable pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Warrensburg, MO
The Federal Drug Administration has strict protocols that pharmaceutical companies must follow from manufacturing to sale. 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 medications 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, 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 Warrensburg, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Four thousand five hundred prescriptions 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 family member received injuries because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from their family too soon.
Other common defective products we see in Warrensburg, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
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Warrensburg, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Warrensburg, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your life. That is why we strive to see the injured in Warrensburg 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 wining you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has taken on you and your Warrensburg, MO family. You do not have to go through this alone, and the big corporations do not have to win every time. Call a Burger Law defective products lawyer in Warrensburg, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.