Defective Products Lawyer in Waynesville, MO.
Defective Products Lawyer in Waynesville, MO. If you or a family member was hurt by a dangerous product, call a Burger law defective products lawyer in Waynesville, MO immediately at or fill out our online form for a free case evaluation.
Picture 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 in your vehicle, sit at in a chair or work around technology, and/or use your iPhone throughout the day. You may go 4-wheeling 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 buyer. When there is a mistake in that process and a product becomes defective, it can cause severe injuries to you and your Waynesville, MO family. When that happens to you, you need the expert and devoted legal services of Burger Law's defective products lawyer team to stand by your side and win you the full compensation you deserve.
In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Waynesville and throughout Missouri in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Waynesville, MO now at .
If you were injured by a dangerous product in Waynesville, MO, learn the true value of your claim by using our complimentary personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Waynesville, 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?
How Common Are Defective Products in Waynesville, MO?
The Consumer Product Safety Commission has found that hazardous products result in in excess of 29 million injuries and 21,000 fatalities annually.
Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous 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 devastation that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.
If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Waynesville, MO for understanding, committed and talented support and legal representation.
How Defective Products Claims Work in Waynesville, MO
- The company was part of the product's design, manufacture, distribution and sale.
- The product was used in a manner easily expected.
- Either or both of the following conditions:
- The product was in a defective condition that was unreasonably hazardous when the product was sold 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 involved in the product from initial design to purchase, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can avoid liability if:
- You discover who the manufacturer is, it still does business and is financially capable of reimbursing you for the entirety of your damages.
- The seller signs 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 facet of the stream of commerce.
- The motion to dismiss is filed within 60 days.
If the above conditions are satisfied, the seller 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 design and manufacture of the product than they implied, were otherwise at fault for the hazardous condition or the manufacturer is unable to 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 lawsuit and ensure that every liable party is held responsible.
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 hit the shelves. This defense is only applicable to for failure to warn product liability lawsuits, and the burden of proof is on the defense.
Negligence vs. Strict Liability in Defective Products Cases
Most personal injury claims in Waynesville, MO are based on the conception of negligence. We all have a civil duty to not carelessly cause injuries to other people 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 fails in that responsibility, for instance if sustain an injury because you were hit by a distracted driver they may be held accountable for your damages and would owe you compensation.
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 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 Waynesville, 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 afterwards affects all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
- 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, 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 using the wrong kind of screws or bolts.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: 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 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 typically does not have to warn against dangers that a reasonable person would foresee. 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 protocols for ensuring the safety of their products. However, too often corporations do not value our safety and try to focus more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Waynesville, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but complete compensation.
Comparative Negligence in Defective Productions Claims in Waynesville, MO
A common defense for manufacturers in a product liability claim is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to argue that you are liable for a portion of your injuries and, therefore, they do not have to pay you 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 a dishonest attempt a manufacturer makes to eschew their responsibility to reimburse you for the harm they have caused. Your Waynesville, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative fault if the following situations apply:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor 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 gun 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 liability but can considerably diminish it. Say 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 knew of inherent hazards of the product while you were using it. This is often called as "Assumption of the risk," a concept 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 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. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you adhered to proper protocols.
- You did not mitigate your damages. 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 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 — work hard to persuade a jury that comparative negligence applies to your injuries, that does not mean the claim is automatically true. Powerful corporations and insurance companies implement a lot of tricks to try and devalue your claim, but your Waynesville, MO defective products lawyer at Burger Law knows how to fight back against them. 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 we win your case. Reach out to Burger Law right away at for legal representation that matches and exceeds that of bullying manufacturers and vendors and insurance companies.
Defective Vehicle Parts Lawyer in Waynesville, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Waynesville, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause collisions and fires, and fail to protect occupants from harm as intended. Common dangerous automobile components we see are:
- Fuel systems
- Windshield wipers
- Headlights and taillights
Offroad vehicles like 4-wheelers can also cause injuries, 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 Waynesville, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Waynesville, MO has seen be defective are:
- Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or frequent dislocations
- Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can cause perforated organs, infections and internal burns
- Blood clot filters that allow dislodged blood clots to slip into the lungs
- Permanent birth control implements that can perforate organs, lead to pelvic pain, abnormal blood loss and unintended pregnancies
As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly due to issues with software.
In 2017, the U.S. Health and Human Services Department reported that in the course of a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of improving our lives. If a faulty medical device ended up aggravating your condition, your Waynesville, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February 2022, 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 incredible pain and permanent damage to potentially as many as 150,000 people who had received the replacement joint. 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:
Defective Drug Lawyer in Waynesville, MO
The Federal Drug Administration has strict protocols 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 market. With no absolute third-party testing many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations 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 Waynesville, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.
Hundreds of thousands of drugs and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about received injuries because of reckless 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 they have caused. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from their family too soon.
Other common defective products we see in Waynesville, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Waynesville, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Waynesville, MO knows that being injured by a faulty product can completely disrupt your life. That is why we strive to see the vulnerable in Waynesville and throughout Missouri recover full compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to 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 inflicted on you and your Waynesville, 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 Waynesville, MO immediately at or contact us online to take the first step toward a true recovery.