Defective Products Lawyer in Belton, MO.

Defective Products Lawyer in Belton, MO. If you or a loved one sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Belton, MO today at (314) 500-HURT or fill out our online form for a free case review.

Imagine what you do every day: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around heavy machinery, and/or use your android on and off throughout the day. You may use lawnmowers on your days off. You may even have a ankle replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the buyer. When there is an error in that process and a product becomes dangerous, it can have a ruinous impact on Belton, MO individuals and families. If tragedy struck you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and win you the best possible compensation you deserve.

In our In our 70 years of combined experience standing up for the rights of the injured and vulnerable, we have won our clients in Belton and throughout Missouri over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Belton, MO right away at (314) 500-HURT.

If you were harmed by a defective product in Belton, MO, find out the true value of your claim by utilizing our free personal injury calculator.



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Belton, 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?

Belton, MO Defective Products Statistics

The Consumer Product Safety Commission states that defective products cause over 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 extreme destruction that can be caused when manufacturers and vendors do not follow adequate safety protocols.

If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Belton, MO for passionate, committed and skilled support and legal counsel.

How Defective Products Claims Work in Belton, MO

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

1. The person was involved in the product's chain of distribution.
2. The product was used in a manner reasonably anticipated.
3. Either or both of the following conditions:
   1. The product was in a faulty condition that was unreasonably hazardous when you bought the product that caused you direct harm, 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 "stream of commerce" refers to anyone involved in the product from initial design to purchase, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it may be dismissed from the claim if:

• You discover who the manufacturer is, it still does business and is able to reimburse you for all of your injuries.
• 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 comes forward with evidence that the seller took part in any other aspect of the design and manufacturing process.
• The motion to dismiss is filed within 60 days.

If those conditions are met, the seller 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 to blame for the dangerous condition 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 that every to-blame party is held responsible.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense is only valid for failure to warn product liability lawsuits, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

Most personal injury cases in Belton, MO are based on the concept of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, doctors must treat their Belton, MO patients with a standard of care. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they may be held responsible for your damages and would owe you compensation.

However, most product liability or dangerous products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault for any damage 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 Belton, 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 — at the moment that you acquired it.

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 fault in the design that afterwards passes the imperfection to all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
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 affect only one product, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. An example could be incorrectly installing wires or electrical components or not properly fastening components to each other.
3. Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about inherent dangers. Examples include a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically does not have to warn against risks that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement comprehensive safety protocols for ensuring that their products will not put the people who use it at risk. However, too often corporations are negligent and spend more energy on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Belton, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Belton, MO

A common defense for manufacturers in a product liability lawsuit is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to argue that you share a portion of your damages and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt a defendant makes to eschew their duty to pay you for the harm they have caused. Your Belton, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:

• You did not use the product in a way 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, while chairs are meant for sitting, standing on one to reach something is common. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. On the other hand, if you use a loaded shotgun to prop a door open and it misfires, 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 way the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to totally avoid fault but can considerably reduce 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 knew of inherent risks of the product while you were using it. This is often called as "Assumption of the risk," a concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously injured doing such a thing.
• You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. If you were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not followed proper protocols.
• You did not try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the financial recovery you are owed. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 — work hard to persuade a jury that comparative fault applies to your case, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use myriad tricks to try and devalue your claim, but your Belton, 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 collect a moderate percentage of the financial recovery you collect, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law right away at (314) 500-HURT for legal advocacy that parallels and surpasses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Belton, MO

Our defective products lawyer team sees in Belton, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in collisions and fires, and fail to protect drivers and passengers from harm as intended. Common defective motor vehicle components we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Wheels
• Steering systems
• Accelerators

Offroad vehicles like 4-wheelers can also cause harm, for instance many of them are prone to flipping 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 Belton, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Belton, MO has seen cause further injuries to patients include:

• Artificial joints that can cause infections, limited mobility, pain or repeated dislocations
• Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as anticipated
• Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in perforated organs, infections and internal burns
• Blood clot filters that allow free-floating blood clots to slip into the lungs
• Permanent birth control devices that can pierce organs, lead to pelvic pain, abnormal bleeding and unplanned pregnancies

As the medical industry keeps inventing more and more advanced technologies, the amount of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly as a result of problems with software.

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

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to degrade too quickly and have caused unimaginable pain and lifelong damage to potentially as many as 150,000 people who were depending on the replacement joint to return their mobility. 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 here:

View Complaint

Defective Drug Lawyer in Belton, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must follow 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. That means that many medications 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 who need medicine and treatments that are truly effective. 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 Belton, MO to stand up to these bullying corporations and let them know that their behavior is unacceptable.

Four thousand five hundred drugs and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or a family member sustained injuries because of careless pharmaceutical companies and manufacturers, call 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 held opioid manufacturers accountable when their actions have taken someone from this world too soon.

Other common defective products we see in Belton, MO include:

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

Every Burger Law defective products lawyer in Belton, MO knows that being harmed by a hazardous product can completely disrupt your life. That is why we have dedicated our careers to seeing the vulnerable in Belton and throughout Missouri be compensated 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 bills and lost wages, in addition to the mental and physical toll your injury has inflicted on you and your Belton, 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 Belton, MO immediately at (314) 500-HURT or contact us online to start on the path to a true recovery.