Defective Products Lawyer in Audrain County, MO.

Defective Products Lawyer in Audrain County, MO. If you or a loved one was injured by a dangerous product, get in touch with a Burger law defective products lawyer in Audrain County, MO right away at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Think of what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around heavy machinery, and/or use your android at various times during the day. You may drive go-carts on your days off. 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 at one point was designed, manufactured, shipped and sold. When there is an error in the stream of commerce and a product becomes hazardous, it can have a catastrophic impact on on your life and lives of those you love in Audrain County, MO. When that happens to you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the great compensation you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Audrain County and beyond more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Audrain County, MO now at (314) 500-HURT.

If you were harmed by a defective product in Audrain County, MO, learn how much your claim may be worth by using our complimentary personal injury calculator.



The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Audrain County, MO:

• FDA Recall List and Safety Alerts
• Consumer Products Safety Commission Recall List
• U.S. Department of Transportation Motor Vehicle Recall List
• Recalls.Gov
• 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?

Audrain County, MO Defective Products Statistics

The Consumer Product Safety Commission has found that dangerous products account for more than 29 million injuries and 21,000 fatalities each year.

According to statistics from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the unbelievable devastation that can be caused when manufacturers and vendors do not adhere to proper safety measures.

If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Audrain County, MO for compassionate, devoted and knowledgeable support and legal counsel.

How Defective Products Claims Work in Audrain County, MO

Pursuant to Missouri Revised Statute §537.760, you and your Audrain County, MO defective products lawyer can can hold a person or corporation liable for your injuries if three conditions are true:

1. The corporation was involved in the product's design, manufacture, distribution and sale.
2. The product was used in a manner rationally expected.
3. One or both of the following:
   1. The product had a faulty condition that was unreasonably dangerous when you bought the product that was the proximate cause of your injuries, and/or
   2. 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 involved in the product from initial design to sale, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the case if:

• The manufacturer is known, has not closed their business and can afford to pay for the entirety of your damages.
• The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• There is no evidence is submitted to the court that the distributor took part in any other facet of the stream of commerce.
• The dismissal is requested to the court no later than 60 days after the complaint is filed.

If the aforementioned conditions are satisfied, 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 production of the product than they led on, were otherwise responsible for the defect or the manufacturer cannot pay for the entirety of the economic, physical and emotional hardships you sustained, 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 has an exception for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense is only applicable to 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 dangerous condition.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in Audrain County, MO depend on the notion 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 fails in that duty, for example if sustain an injury because you were hit by a distracted driver they may be found liable for your damages and would owe you compensation.

By contrast, most product liability or defective products cases are strict liability claims, meaning that a designer, manufacturer or vendor is liable for any injuries that stems from the reasonable use of a product, irrespective of negligence. 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 Audrain County, 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:

1. Design Defect: A design defect is an innate defect in the design that subsequently passes the fault to all products with the same design. An example is an improperly designed safeguard on a power tool.
2. 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 defective, 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 incorrectly installing wires or electrical components or using the wrong kind of screws or bolts.
3. Inadequate Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but instead 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 generally 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 intended to hold corporations accountable and persuade them to implement exhaustive safety procedures for guaranteeing that their products will not put the people who use it at risk. Even so, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Audrain County, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but full compensation.

Comparative Negligence in Defective Productions Claims in Audrain County, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to posit that you are liable for a portion of your damages and, therefore, they are not liable for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent liable for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to eschew their responsibility to pay you for the harm they have caused. Your Audrain County, MO defective products lawyer at Burger Law will not let them get away with it. Under the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances are present in your case:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor 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. On the other hand, 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 way 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 reduce it but can considerably reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car wreck. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
• You knew of inherent risks of the product while you were using it. This is often referred to as "Assumption of the risk," a concept 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You did not follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you followed proper protocols.
• You failed to mitigate your damages. In any personal injury claim, you have a duty to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 seller can — and will — argue that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies employ numerous tricks to try and devalue your claim, but your Audrain County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you collect, and you owe us nothing until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal advocacy that parallels and exceeds that of bullying manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Audrain County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Audrain County, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common faulty car components we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Wheels
• Door latches
• Accelerators

Offroad vehicles like ATVs can also cause harm, 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 Audrain County, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us even more complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Audrain County, MO has seen be defective are:

• Artificial joints that can result in infections, limited mobility, chronic soreness or frequent dislocations
• Pacemakers, which can lead to infections or even wrongful death when they do not last as long as expected
• Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can result in punctured organs, infections and internal burns
• Blood clot filters that allow dislodged blood clots to invade the lungs
• Permanent birth control implements that can puncture organs, result in pain in the pelvic region, abnormal blood loss and unintended pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the number one cause.

In 2017, the U.S. Health and Human Services Department found that throughout 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of helping us. If a flawed medical device ended up worsening your condition, your Audrain County, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive a full financial recovery for all of the unneeded pain you experienced.

In February of this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unthinkable pain and permanent damage to potentially as many as 150,000 patients who had the replacement joint implanted. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Audrain County, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must adhere to from manufacturing to delivery. 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 value their bottom line over the safety of the people they are supposed to be helping. Currently, it is usually the pharmaceutical company's decision if they will recall a drug that has found to have dangerous side effects. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Audrain County, 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 love sustained injuries because of careless pharmaceutical companies and manufacturers, reach out to 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 they have caused. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from this world too soon.

Other examples of defective products we file suit for in Audrain County, MO include:

• Children's toys
• Chemicals such as cleaning products
• Baby powder
• Household appliances
• Industrial equipment
• Cell phone batteries
• Cosmetic products

Every Burger Law defective products lawyer in Audrain County, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we endeavor to see the vulnerable in Audrain County and throughout Missouri get full compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. 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, as well as the emotional and physical hardships your injury has inflicted on you and your Audrain County, 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 Audrain County, MO right away at (314) 500-HURT or contact us online to take the first step toward a true recovery.