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Posted in Personal Injury on July 13, 2017   |  by Gary Burger

Have You Been Injured from a Dangerous Product?

What do you do if you’re injured because of a dangerous product? Well, all states have product liability laws and if a product has a dangerous condition, inherently in the product, and that dangerous condition existed at the time it left the control of the manufacturer, went through the various distributors like Amazon, or Costco, or one of these stores, and then you bought it, and you were injured because of that dangerous condition and defective condition of property, the manufacturer and the maker of that product is strictly liable to you. There’s no discount on the recovery if you were contributory negligent. They are strictly liable, as is the distributor.

There are a lot of products out there. The examples of product liability cases are a legion. Product liability laws have helped make products safer in America and around the world and have eliminated scores of injury to kids, old people, families, and all that.

So, if you have that, if that happens to you, you have a claim against that manufacturer and the distributor. Sometimes the manufacturer’s in China, and you never know who they are, or another country, or sometimes tough to find out, then the distributor like Amazon, or the store, whoever you bought it from, stands in the shoes of the manufacturer, and they are strictly liable for your injuries as well.

There’s also another kind of products liability. It goes hand in hand with strict liability. It’s called negligent products liability. In negligent products liability, you have to prove that the manufacturer, distributor was negligent. You don’t have to prove that in strict liability, but you do in negligent product liability.

The other thing that sometimes makers and distributors of products do that is negligent is they fail to warn. So, there is something at issue with the product, and they fail to warn about it. They fail to say, “Hey, this gas tank can explode. Hey, this cord off the blind can hurt someone or choke a kid. Hey, this crib, the side can fall down and can hurt or kill people. Hey, this massage chair can overheat and burn you. Hey, this ATV has a surprisingly high center of gravity, and it can tip easy, and it doesn’t have a differential, so when you go around curves, the wheels aren’t spinning at different speeds like in a car, they can skip and it could cost you to roll over and injure yourself.” There’s a wide variety, or glass in food. There are a lot of examples of vehicle defects, or, “This car, when it rolls over, it injures you.” You have a crashworthiness case. Or, “This tire blows up.”

So, there are a lot of different kinds of products, a lot of examples of defects, and I’m not going to detail them there, but if you’re injured, or if a family member is injured or killed in a products liability claim, you have such a claim, they need to be pursued quickly. In a products liability claim, you need to secure the evidence. You need to secure the product. If you don’t, you can have a spoliation of evidence claim, and if you don’t have the product, you can’t prove the case often, and you need to get the warnings and figure that out. You need to identify the manufacturer because it might not be readily evident.

There are a whole host of things to do in products liability claims that we’re adapted handling. I’m Gary Burger. My firm’s Burger Law, on the interweb, and we handle these claims. We’re happy to answer your product liability questions. There are a lot of issues that go with product liability claims. It’s important to get on these claims right away, secure the evidence, put the manufacturer and distributor on notice of the claim, visit with the claims representatives, let them inspect, try to resolve those claims if you can. We file suit, we litigate these cases, we try these cases if the defendants are not persuaded by the wisdom of our position.

Manufacturers of the products and distributors of the products have safety rules with which they must abide to make sure the products they put in the markets and in our homes and our children’s hands are safe and don’t unnecessarily injure people. If they violate those rules and people are unnecessarily hurt, the manufacturers are responsible for that harm. That’s what we insist on, and we insist on full 100% compensation for an injured person’s damages, not 50% or 70% of those damages.

So, if you have a claim, give me a call, Gary Burger. I’m on the web at Our toll-free number is 866-599-2222, my number in Illinois is 618-272-2222, and in Missouri 314-542-2222, Thank you.