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(314) 500-HURTIf you were injured because of a dangerous product, call the Oak Grove, MO product liability firm of Burger Law at (314) 500-HURT or fill out our online form for a complimentary case review.
Products are parts of our everyday lives. When we use products, we not only assume they are effective at their stated purpose, but that they have been sufficiently tested and are safe for us to use. But too often, that is not the case. A defective automobile component can cause an accident, a a medical device may fail early and some products like tanning beds can even produce cancer. Every attorney at Burger Law’s product liability law firm in Oak Grove, MO insists on nothing but full compensation for their clients’ injuries.
If you buy a product, that means that somebody designed it, somebody made it, manufactured it, distributed it and sold it. Going against a large corporation is not easy; they will not want to compensate you. If they admit your injuries are their fault, they not only have to pay you, but it opens them to a class action lawsuit. But consumers have rights when it comes to defective products, and with the tenacious Oak Grove, MO attorneys of Burger Law by your side, these negligent organizations will be held responsible.
Use our free personal injury calculator to see how much compensation you are owed in Oak Grove, MO.
In 2021, 11,738,091 people sought emergency medical attention because of injuries related to consumer goods. While that number alone seems staggering, pre-pandemic injuries were much, much higher. According to the Consumer Products Safety Commission, defective products cost the U.S. over $1 trillion each year, and defective products cause almost 30 million injuries and over 20 thousand deaths each year.
The Insurance Information Institute states that product liability claims lead to the highest amounts of compensation in jury verdicts. The median verdict in 2020 was just over $7 million, while the mean average was $3,908,111. For claims that did not go to trial, the middle 50 percent of all awards was between $20,000 and just over half a million dollars. As those totals are far beyond typical car accident or slip and fall claims, they speak to how devastating the consequences of an unsafe product can be.
In Missouri, you can bring a product liability claim based on one of three legal doctrines:
Most personal injury claims come down to proving negligence on the part of the defendant. If you are suing a manufacturer or distributor for negligence, you must prove the following five things:
Examples of negligence in Oak Grove, MO product liability claims may be that a manufacturer did not properly check for safety hazards before allowing the product to hit the shelves, or that they allowed the product to stay on the market once becoming aware the product was dangerous.
In Missouri, the theory of strict product liability laid out in Missouri Revised Statute §537.760 stipulates that a manufacturer, distributor or vendor can be found liable for your injuries, regardless of whether they owed you a duty of care and were negligent. A person or organization can can be considered strictly liable if the following is true:
They transferred a product in the course of their business; and
In order to prove a strict liability claim, you must show that your injuries resulted from a condition or defect, that the defect was an unreasonably dangerous one and that the defect existed at the time it left the manufacturer’s control. You do not have to show that the defendant breached a duty of care.
In order to make a strict liability claim against someone in the chain of distribution, you must demonstrate that your injuries were caused by a condition, that the condition was an unreasonably dangerous one and that the condition was present when it was distributed. The duty of care is assumed because they created a product of commercial use.
You may have a breach of warranty case simply if the product does not work as intended. There are two types of warranties:
While it is not always a requirement to show that a manufacturer, distributor or vendor was negligent, there are other factors to determine whether or not you have a claim. Making a successful product liability claim in Oak Grove, MO depends, in part, on how you can answer a few questions::
If you think you may have a claim, call the Oak Grove, MO product liability law firm of Burger Law as soon as possible at (314) 500-HURT. We use our honed investigation skills to hold negligent organizations responsible for the harm they cause.
According to Missouri law, you can make a claim against anyone in the stream of commerce, including:
According to Missouri Revised Statute §537.762, if all a person or entity did was act as a vendor, they they might not be liable for your injuries if:
This statute works to protect you, as it ensures you can make a claim against the vendor if there is no one else to make a claim against. It also means that if the other defendants are not able to pay for all of your damages, the seller must make up the difference.
We have used the term “reasonable” often so far, and it revolves around whether you were reasonable or unreasonable in how you used the product, and whether or not the product presented an unreasonable risk of harm. The term “reasonable” is key to most tort lawsuits. Individuals and organizations need to act in an appropriate way to try to avoid harming others. If a dog owner knows their dog is vicious, but allows them to wander around a neighborhood freely, they are not being reasonable.
In a product liability case in Oak Grove, MO, the “fact-finder”, will determine if you behaved in a reasonable manner. If you were driving the speed limit, your vehicle’s brakes stopped working and you were hurt when you drove into a ditch, a jury would likely find that you had acted reasonably. If you were riding on top of a car and were thrown off when the brakes stopped working, you likely would not have a successful claim as that was not predictable use.
Manufacturers, vendors and distributors are also held to the same reasonableness standard. Some productsare always a little bit dangerous to use because of their nature. For others, there is no reason to think we will be harmed when using it as we should. A car that’s brakes go out while the driver is following the rules of the road is an example of a product that is unreasonably dangerous. A product can be unreasonably dangerous in one of three ways:
Product liability defense attorneys love to try and say that a manufacturer is not liable because you did not use the product in a reasonably foreseeable manner. The Oak Grove, MO products liability law firm of Burger Law has been fighting back against these companies for more than three decades, and will not let them blame you for the harm they caused.
Following any injury, your first priority is to make sure no one is in danger of further harm, and get the medical treatment you need. If you do not believe your injuries are so severe that you need a trip to urgent care, it is still a good idea to make an appointment with your primary care physician to get checked out. After getting medical treatment, if you have been injured by a dangerous product, you should start taking important steps to improve your chances of getting great compensation:
Your financial recovery is meant to compensate you for every way a defective product has affected your life; no more, no less. While the defendants will use numerous tricks and tactics to minimize your damages, with the dedicated and knowledgeable Oak Grove, MO product liability law firm of Burger Law, you will make a full financial recovery for:
In certain cases, such as if your injuries lead to permanent disability or whether you might be eligible to recover punitive damages, can greatly increase your compensation.
When we fight for your damages in your case, we are never satisfied with 50 percent, 75 percent or even 95 percent. We fight until there is nothing left to fight and you get the settlement or verdict that truly compensates you for your injuries.
Our Oak Grove, MO product liability law firm has over 70 years of combined experience litigating and trying defective product lawsuits. We have grown accustomed to companies falling back on an army of trial defense attorneys to try to have the case thrown out, blame the injured for the harm their products caused or try to convince a jury that the company does not need to pay anything. Through our experience, dedication and hard work, we have learned how to repel these ridiculous defenses, hold those in the chain of distribution accountable and deliver justice.
One thing we do when we litigate a product liability claim is to ascertain if more units of a product and more people have been affected. At present, Burger Law is litigating two class action claims aimed at securing compensation for people in Oak Grove, MO and throughout the nation who were affected by a dangerous product.
Exactech is a company that designs and manufactures orthopeadic implants. Our Exactech recall lawsuit is centered on the harm caused by three different implants:
When the joint replacements were shipped, they did not contain a necessary second barrier layer of Ethylene Vinyl Alcohol, even though it was included in the design and was needed to protect the inserts from being exposed to too much oxygen. Too much oxygen leads to oxidation, which can cause the joint replacements to fail much sooner than expected. For some patients, the joint replacements led to:
While Exactech will replace the inserts for free, Burger Law’s Oak Grove, MO product liability law firm is seeking justice for the physical and emotional harm that Exactech caused through their negligence.
Ferrari recently recalled almost every Ferrari vehicle sold across the nation between 2005 and 2022. In our Ferrari brake recall lawsuit, we allege that Ferrari and manufacturer Robert Bosch manufactured the cars with defective brake fluid reservoir caps, has likely known about the issue for years and should have known about the defect earlier through testing.
The National Highway Traffic Safety Administration issued two separate recalls for different Ferrari models in the fall of 2021 and spring 2022. While they will pay to replace the caps, doing so does not compensate anyone for other damages they sustained. Burger Law will a secure a financial recovery for Ferrari owners for:
Find out more about the Ferrari brake recall lawsuit here, or by checking out the buttons below:
If you have been affected by Exactech’s and Ferrari’s defective products in Oak Grove, MO, call Burger Law immediately at (314) 500-HURT or fill out our online form.
We offer free consultations and are available 24/7 to take your call. Live chat, text, and virtual meetings are available.
Burger Law’s Oak Grove, MO product liability law firm has the experience, talent and commitment to see your case through to the end. While we prefer to reach a fair settlement, you need an attorney team that is not afraid to go to trial if needed. We are experienced in advanced trial law and consistently look for new legal avenues to get our clients throughout Oak Grove, MO the financial recovery they need to truly recover. We have gotten amazing results for our clients, including a $113 million trial verdict in a class action case that made it all the way up to the Missouri Supreme Court.
Once you have retained our services, we immediately get to work getting the evidence and expert testimony to prove your claim. Throughout your claim, whether we get a quick settlement or go all the way to a lengthy jury trial, you will be able to depend on us. we pride ourselves on our client communication and are always available to answer any legal questions you may have.
As product liability claims often involve numerous plaintiffs and defendants who may be in different jurisdictions, the lawsuits often go to federal courts. In addition to Illinois and Missouri, Burger Law has experience handling cases in various federal courts.
Other cases we handle in Oak Grove, MO include:
CALL BURGER LAW TODAY
Burger Law knows the ruinous consequences being injured from a dangerous product can have on your life. We have visited Oak Grove, MO clients in emergency rooms and listened to families as they have recounted painful details of their loved one’s passing. An injured person going against multinational organizations does not have the best odds; that is why we have devoted our careers to using everything we have to balance the scales of justice. If you or someone you know has been hurt by a defective product, call the Oak Grove, MO product liability law firm of Burger Law now at (314) 500-HURT or contact us online.
Client Reviews
This law firm is absolutely amazing. They took on my case, when nobody else would! They fought hard for me when it seemed there was no hope. They kept me informed and always asked for my input before making decisions on my case. Gary puts himself into every case unlike most law firm owners. Gary and his team really care about every one of their clients, and fights hard to get you a fair settlement. They actually won my case out of court, and then reduced my fees to make sure I could get my car fixed and be able to get back to some normality. I would recommend Burger Law over and above any other firm! If you go somewhere else you aren’t getting the best!
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Frequently asked questions
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Warning labels tell us when a product is dangerous, or when it can have d …
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