Defective Products Lawyer in Willard, MO.
Defective Products Lawyer in Willard, MO. If you or someone you love was injured by a dangerous product, reach out to a Burger law defective products lawyer in Willard, MO right away at or fill out our online form for a free case review.
Think of your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on a bus, sit at in a chair or work around technology, and/or use your iPhone throughout the day. You may go boating on the weekend. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be engineered, manufactured, shipped and sold. When there is an error in the chain of distribution and a product becomes hazardous, it can have a devastating effect on on your life and lives of those you love in Willard, MO. If tragedy struck you, you need the accomplished and committed legal services of Burger Law's defective products lawyer team to stand by your side and win you the best possible financial recovery you deserve.
In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Willard and throughout Missouri in excess of $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 Willard, MO now at .
If you were harmed by a faulty product in Willard, MO, learn the true value of your claim by using our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Willard, 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?
Willard, MO Defective Products Statistics
The Consumer Product Safety Commission states that defective products are responsible for in excess of 29 million injuries and 21,000 fatalities every year.
Based on statistics 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 that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.
If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Willard, MO for passionate, committed and knowledgeable support and legal advocacy.
What is the Process for Defective Products Claims in Willard, MO?
- The corporation was involved in the product's design, manufacture, distribution and sale.
- You used the product in a way logically anticipated.
- Either or both of the following conditions:
- The product was in a faulty condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
- You were injured because there was a hazardous 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, an entity whose sole connection to the case is that they were the vendor or distributor of the product may avoid liability if:
- You discover who the manufacturer is, it still does business and can afford to reimburse you for all of your injuries.
- The distributor signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- There is no evidence is brought in front of the court that the distributor was involved in any other aspect of the stream of commerce.
- The dismissal is requested to the judge within 60 days.
If those conditions are fulfilled, 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 were actually involved in the design or manufacture of the product, were otherwise at fault for the fault or the manufacturer cannot compensate 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 you get the great financial recovery that they owe you.
Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense is only applicable to for inadequate warning defective products claims, and the burden of proof is on the defense.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury lawsuits in Willard, MO depend on the notion of negligence. We all have a duty to each other's safety in certain situations; for example, doctors must treat their Willard, MO patients with a standard of care. When someone fails in that obligation, for example if are injured by a fatigued truck driver they may be found responsible for your damages and would owe you compensation.
By contrast, most product liability or hazardous products claims come down to strict liability, meaning that anyone in the chain of distribution is at fault for any damage that results 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 Willard, 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 imperfection in the design that subsequently affects all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- 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 only make one product dangerous, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be installing outdated components or not properly fastening components to each other.
- Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger 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 generally does not have to warn against dangers that a reasonable person would foresee. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to incentivize corporations to implement thorough safety procedures for guaranteeing the safety of their products. Even so, too often corporations do not value our safety and spend more energy on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Willard, MO will fight on your behalf and demand nothing but a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Willard, MO
Manufacturers, sellers and anyone else in the chain of distribution will often rely on the principle of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to posit that you share a portion of your damages and, therefore, they are not required to compensate 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, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a defendant makes to eschew their obligation to reimburse you for the damage their product did to you. Your Willard, 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 has to make a product safe for ways that they can expect a consumer to use it. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. 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 use of the product.
- 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 entirely avoid fault but can considerably decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. 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 principle in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
- You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
- You neglected to take necessary safety precautions. 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 recommended precautions.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the financial recovery 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 defense can — and will — try to convince the court that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies use a lot of dishonest ruses to try and devalue your claim, but your Willard, 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 collect a moderate percentage of the financial recovery you are awarded, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law right away at for legal counsel that matches and exceeds that of bullying manufacturers and vendors and insurance adjusters.
Defective Vehicle Parts Lawyer in Willard, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Willard, 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 cause accident and fires, and fail to protect drivers and passengers from harm as intended. Common defective car components we see are:
- Fuel systems
- Electrical wiring
Offroad vehicles like ATVs can also cause harm, 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 Willard, MO
Medical devices are meant 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 Willard, MO has seen be defective include:
- Artificial joints that can cause infections, limited mobility, pain or repeated dislocations
- Pacemakers, which can result in infections or even wrongful death because of premature failures
- Robotic surgical assistants designed to operate on hard to reach areas which, when faulty, can result in punctured organs, infections and electrical burns
- Blood clot filters that allow dislodged blood clots to travel up to the lungs
- Permanent birth control implements that can pierce organs, cause pelvic pain, excessive blood loss and unintended pregnancies
As the medical industry keeps inventing new technologies, the numbers of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly because of issues with software.
In 2017, the U.S. Health and Human Services Department reported that throughout a decade Medicare paid out at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a defective medical device caused you damages, your Willard, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
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 incorrectly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unthinkable pain and lifelong 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 filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client here:
Defective Drug Lawyer in Willard, MO
The Federal Drug Administration has stringent procedures that pharmaceutical companies must adhere to from manufacturing to sale. 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 independent testing many medications reach the market 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 Willard, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable.
Four thousand five hundred prescriptions and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you care about sustained injuries because of irresponsible pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer now. 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 feel sense of peace for the wrongful death of their loved one.
Other common defective products we collect compensation for our clients for in Willard, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Willard, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Willard, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Willard and throughout Missouri collect fair 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 getting you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Willard, MO family. We will fight 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 Willard, MO right away at or contact us online to take the first step toward true healing.