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Defective Products Lawyer in Webb City, MO.
Defective Products Lawyer in Webb City, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Webb City, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.
Picture what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around machines, and/or use your android at various times during the day. You may use lawnmowers on the weekend. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was designed, manufactured, packaged and purchased. When there is an error in the stream of commerce and a product becomes defective, it can have a devastating effect on Webb City, MO individuals and families. If tragedy struck you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and get you the great financial recovery you are owed.
In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Webb City and beyond in excess of $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Webb City, MO right away at (314) 500-HURT.
If you were hurt by a dangerous product in Webb City, MO, see the true value of your claim by using 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 Webb City, 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?
Webb City, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that hazardous products are responsible for more than 29 million injuries and 21,000 deaths annually.
Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme ruin an unsafe product can cause.
If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Webb City, MO for compassionate, dedicated and experienced support and legal advocacy.
How Defective Products Claims Work in Webb City, MO
Pursuant to Missouri Revised Statute §537.760, you and your Webb City, MO defective products lawyer can file a "strict liability" suit if three factors are true:
- The corporation was part of the product's stream of commerce.
- You used the product in a way easily foreseen.
- Either or both of the following conditions:
- The product had a faulty condition that was unreasonably dangerous when the product was sold and your injuries are a direct result of that defect, and/or
- You were injured because there was a dangerous 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 going to the market, from initial design to sale, including a distributor or seller. Pursuant to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:
- The manufacturer is known, still exists and is financially capable of paying you for the entirety of your damages.
- The distributor makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
- There is no evidence is presented to the court that the seller took part in any other aspect of the design and manufacturing process.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If those conditions are fulfilled, the seller 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 to blame for the defect 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 financial recovery you are owed.
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 is only valid for failure to warn defective products cases, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.
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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Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury suits in Webb City, MO are based on the concept of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they can be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or dangerous products cases are strict liability claims, meaning that anyone in the chain of distribution is liable 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 Webb City, 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 afterwards affects all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
- 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, 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 tainted batch of something intended for drinking containing a poisonous substance.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused injury because it did not give adequate instructions or warnings about inherent dangers. 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 obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety protocols for verifying that their products will not pose a danger to the public. Even so, too often companies do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Webb City, MO will fight by your side and insist on only a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Webb City, MO
An oft-used defense for manufacturers in a product liability claim 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 argue that you are liable for a portion of the fault and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt an entity involved in the stream of commerce makes to eschew their obligation to reimburse you for the damage their product did to you. Your Webb City, MO defective products lawyer at Burger Law sees through that. 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 seller 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 totally avoid liability but can significantly decrease 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 used the product while aware of a reasonable level of danger associated with the use. 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 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 injured doing such a thing.
- You failed to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 mitigate your damages. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. 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 comparative negligence applies to your case, that does not mean the claim is automatically true. Powerful corporations and insurance companies implement numerous tricks to try and minimize your claim, but your Webb City, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations have a lot of money to throw at their defense 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 are awarded, and you do not pay us anything until we win your case. Call Burger Law today at (314) 500-HURT for legal representation that rivals and exceeds that of resistant manufacturers and sellers and insurance adjusters.
Defective Vehicle Parts Lawyer in Webb City, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Webb City, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous car components we see are:
- Fuel systems
- Electrical wiring
- Steering systems
- Engine cooling fan blades
Offroad vehicles like ATVs can also cause harm, 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 Webb City, MO
We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Webb City, MO has seen be defective include:
- Artificial joints that can cause infections, instability, chronic soreness or recurring dislocations
- Cardiovascular devises, 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 cause punctured organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can puncture organs, cause pain in the pelvic region, excessive blood loss and unplanned pregnancies
As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has increased exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of defects in software.
In 2017, the U.S. Health and Human Services Department reported 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. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of easing it. If a faulty medical device caused you damages, your Webb City, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.
In February 2022, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unthinkable 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 got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client by clicking the button below:
Defective Drug Lawyer in Webb City, MO
The Federal Drug Administration has firm procedures that pharmaceutical companies must adhere to 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. With no absolute third-party testing many medications 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 Webb City, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable.
Hundreds of thousands of medications and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer immediately. 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 successfully filed suits for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.
Other common dangerous products we see in Webb City, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Call Burger Law Now
Webb City, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Webb City, MO knows that being hurt by a faulty product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Webb City 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 getting 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 Webb City, MO family. We will stand by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Webb City, MO immediately at (314) 500-HURT or contact us online to start on the path to being made whole again.