Defective Products Lawyer in Wildwood, MO.
Defective Products Lawyer in Wildwood, MO. If you or someone you care about was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in Wildwood, MO today at or fill out our online form for a free case review.
Imagine your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around machines, and/or use your cell phone on and off throughout the day. You may use lawnmowers on your free days. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be engineered, produced, packaged and purchased. When there is a mistake in that process and a product becomes hazardous, it can have a catastrophic effect on on your life and lives of those you love in Wildwood, MO. When that happens to you, you need the knowledgeable and devoted legal representation of Burger Law's defective products lawyer team to stand by your side and get you the maximum financial recovery you deserve.
In our 30 years of negotiation, litigation and trial experience, we have delivered our clients in Wildwood and beyond over $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Wildwood, MO today at .
If you were hurt by a dangerous product in Wildwood, MO, find out how much your claim may be worth by utilizing our free personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Wildwood, 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 Wildwood, MO?
The Consumer Product Safety Commission estimates that dangerous products account for in excess of 29 million injuries and 21,000 fatalities every year.
Based on facts 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 speaks to the extreme ruin an unsafe product can cause.
If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Wildwood, MO for empathetic, devoted and expert support and legal representation.
How Defective Products Claims Work in Wildwood, MO
- The corporation was involved in the product's design, manufacture, distribution and sale.
- You used the product in a manner easily foreseen.
- One or both of the following:
- 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
- You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.
The "stream of commerce" 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 that sold you the product. Under Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may avoid liability if:
- The manufacturer is known, still does business and is financially capable of compensating you for all of your damages.
- The entity that sold it signs an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
- There is no evidence is brought in front of the court that the seller took part in any other part of the stream of commerce.
- The dismissal is requested to the court within 60 days.
If those conditions are met, 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 proves that they had a larger role in the design and manufacture of the product than they implied, were otherwise responsible for the hazardous condition or the manufacturer cannot compensate you for all of your damages, 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 accountable.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be entirely understood before use by the public. This defense is only valid for inadequate warning product liability claims, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury lawsuits in Wildwood, MO are won or lost based on the concept of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Wildwood, MO roads. When someone is negligent, for example if if there a loose floor boards at a restaurant that cause you to fall they can be held responsible for your damages and would owe you a financial recovery.
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 responsible for any injuries a product causes, 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 Wildwood, 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 defect in the design that subsequently affects all products with the same design. 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 mistakes in the manufacturing process. This can either only make one product dangerous, 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 incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
- Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: 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 not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer typically does not have to warn against obvious dangers. For instance, they do not have to warn you that a match could start a fire.
Strict liability is meant to incentivize corporations to implement comprehensive safety procedures for ensuring the safety of their products. However, too often companies do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Wildwood, MO will fight on your behalf and demand only a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Wildwood, MO
Manufacturers, sellers and anyone else in the chain of distribution will often rely on the concept of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for those in the chain of distribution to argue that you are liable for a portion of the fault and, therefore, they are not obligated to reimburse 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 the accident, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the stream of commerce makes to eschew their obligation to reimburse you for the harm they have caused. Your Wildwood, 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 negligence if the following situations apply:
- 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. By contrast, 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 be expected to foresee that happening.
- 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 reduce 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 called 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, 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 modify a chainsaw or other tool to remove certain guards or safety measures. 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 chain of distribution from liability. 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 adhered to recommended precautions.
- You did not mitigate your damages. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. For example, you cannot seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.
Just because the manufacturer or vendor 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 use a lot of deceitful tactics to try and devalue your claim, but your Wildwood, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations are unfair and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team works on a contingency fee basis, 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. Reach out to Burger Law right away at for legal counsel that matches and exceeds that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Wildwood, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Wildwood, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common faulty automobile components we see are:
- Electrical wires
- Steering systems
- Headlights and taillights
Alternative 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 Wildwood, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Wildwood, MO has seen cause further injuries to patients are:
- Artificial joints that can lead to infections, instability, pain or recurring dislocations
- Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as expected
- Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can cause punctured organs, infections and internal burns
- Blood clot filters that permit dislodged blood clots to invade the lungs
- Permanent birth control implements that can puncture organs, lead to pelvic pain, excessive bleeding and unintended pregnancies
As the medical industry keeps inventing new technologies, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the chief cause.
In 2017, the U.S. Health and Human Services Department stated that throughout a decade Medicare had to spend at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Wildwood, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws 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 lifelong damage to possibly as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was made aware of the defect 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 view our original complaint by clicking the link below:
Defective Drug Lawyer in Wildwood, MO
The Federal Drug Administration has stringent protocols for the testing, labeling, packaging and shipping of prescription drugs. However, the administration does not actually test drugs itself; rather, it relies on data from pharmaceutical companies' own testing to determine if a drug is safe for release to the public. With no absolute third-party testing many drugs reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Wildwood, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.
Hundreds of thousands of medications and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member had your condition deteriorate because of careless pharmaceutical companies and manufacturers, contact 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 has been inflicted because of their actions. 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 collect compensation for our clients for in Wildwood, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Wildwood, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Wildwood, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your life. That is why we strive to see the vulnerable in Wildwood and throughout Missouri collect great compensation 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 securing you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical toll your injury has taken on you and your Wildwood, 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 Wildwood, MO today at or contact us online to take the first step toward true healing.