Defective Products Lawyer in Bates City, MO.

Defective Products Lawyer in Bates City, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Bates City, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.

Picture your daily routine: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around technology, and/or use your iPhone on and off throughout the day. You may use lawnmowers on the weekend. You may even have a ankle replacement or other medical implant. It seems we're always using or surrounded by some sort of product that had to be designed, produced, packaged and bought. When there is an oversight in the stream of commerce and a product becomes dangerous, it can cause severe harm to you and your Bates City, MO family. If tragedy struck you, you need the expert and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and deliver you the great financial recovery you deserve.

In our 30 years of negotiation, litigation and trial experience, we have delivered our clients in Bates City and throughout Missouri over $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Bates City, MO immediately at (314) 500-HURT.

If you were injured by a faulty product in Bates City, MO, learn the true value of your case by utilizing our complimentary personal injury calculator.



The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Bates City, 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?

How Common Are Defective Products in Bates City, MO?

The Consumer Product Safety Commission has found that hazardous 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 shows the unbelievable harm an unsafe product can cause.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Bates City, MO for passionate, committed and expert support and legal counsel.

What is the Process for Defective Products Claims in Bates City, MO?

Under Missouri Revised Statute §537.760, you and your Bates City, MO defective products lawyer can file a "strict liability" suit if three factors are true:

1. The company was part of the product's stream of commerce.
2. The product was used in a manner logically expected.
3. One or both of the following:
   1. The product had a defective condition that was unreasonably dangerous when it left the manufacturer's or seller's that was the proximate cause of your injuries, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "stream of commerce" refers to anyone involved in the product from initial conception to sale, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:

• The manufacturer is known, has not closed their business and can afford to compensate you for the entirety of your damages.
• The vendor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
• No other party in the case presents evidence that the vendor took part in any other part of the design and manufacturing process.
• The dismissal is requested to the court within 60 days.

If those conditions are satisfied, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise liable for the dangerous condition or the manufacturer cannot pay for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every liable party is held responsible.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be completely understood before use by the consumer. This defense will only work for for failure to warn product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury claims in Bates City, MO are decided by the idea of negligence. We all owe each other a duty of care in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone fails in that duty, for instance if sustain an injury because you were hit by a distracted driver they may be found responsible for your damages and would have to pay you a financial recovery.

However, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is responsible for any damage that stems from 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 Bates City, 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 inherent imperfection in the design that subsequently passes the defect to all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
2. 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 affect only one product, 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 leaving sharp edges on plastic or other materials.
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 hazard that could come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer typically does not have to warn against dangers that a reasonable person would anticipate. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to incentivize corporations to implement thorough safety procedures for verifying the safety of their products. Even so, too often corporations are negligent and try to focus more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Bates City, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but full compensation.

Comparative Negligence in Defective Productions Claims in Bates City, MO

An oft-used defense for manufacturers in a defective products case is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to put forth the argument 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 determines that you have $100,000 in damages but finds you were 30 percent to blame for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt an entity involved in the stream of commerce makes to eschew their duty to pay you for the harm they have caused. Your Bates City, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative fault if the following situations apply:

• You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. 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 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 be expected to foresee that use of the product.
• You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can considerably lower it. Suppose 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 concept in tort claims whereby, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously injured doing such a thing.
• 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 are your fault because you had not followed recommended safety measures.
• You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. For example, you cannot refuse to return to work when you are healthy enough to do so. The defense may say you have no right to ask them for money they do not owe you.

Just because the defense can — and will — work hard to persuade a jury that comparative negligence applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ a lot of deceitful tactics to try and devalue your claim, but your Bates City, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you receive, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law immediately at (314) 500-HURT for legal counsel that rivals and surpasses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Bates City, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Bates City, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not function as they should. Common defective automobile components we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wires
• Tires
• Steering systems
• Engine cooling fan blades

Alternative vehicles like ATVs can also cause damage, 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 Bates City, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Bates City, MO has seen cause further injuries to patients include:

• Artificial joints that can result in infections, limited mobility, chronic soreness or repeated dislocations
• Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
• Surgical robots designed to operate on hard to reach areas which, when they do not work properly, can cause pierced organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can perforate organs, result in pelvic pain, excessive blood loss and unintended pregnancies

As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly as a result of issues with software.

In 2017, the U.S. Health and Human Services Department announced that over 10 years Medicare spent at least $1.5 billion to replace more than 73,000 flawed heart devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of improving our lives. If a defective medical device ended up worsening your condition, your Bates City, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, had 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 incredible pain and lifelong damage to possibly as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was contacted by a client, we immediately got to work bringing them what peace of mind we could and are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint here:

View Complaint

Defective Drug Lawyer in Bates City, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must adhere to from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies 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 Bates City, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Four thousand five hundred drugs and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about had your condition deteriorate because of careless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer now. We fight hard to see justice restored by winning you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from their family too soon.

Other common defective products we file suit for in Bates City, MO include:

• Children's toys
• Chemicals such as week killer
• Baby powder
• Household appliances
• Industrial machinery
• Cell phone batteries
• Beauty products

Every Burger Law defective products lawyer in Bates City, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we have committed our lives to seeing the vulnerable in Bates City and throughout Missouri receive maximum 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 costs and lost wages, in addition to the mental and physical toll your injury has taken on you and your Bates City, MO family. We will stand 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 Bates City, MO today at (314) 500-HURT or contact us online to start on the path to true healing.