Defective Products Lawyer in Blue Springs, MO.

Defective Products Lawyer in Blue Springs, MO. If you or a family member was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Blue Springs, MO immediately at (314) 500-HURT or fill out our online form for a free consultation.

Think of what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around technology, and/or use your cell phone throughout the day. You may use lawnmowers on your days off. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of product that had to be engineered, produced, shipped and sold. When there is a breakdown in that process and a product becomes dangerous, it can have a devastating impact on Blue Springs, MO individuals and families. When that happens to you, you need the skilled and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the best possible compensation you are owed.

In our In our 30 years of experience standing up for fairness and justice, we have delivered our clients in Blue Springs and throughout Missouri more than $170 million. Our initial consultations 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 Blue Springs, MO now at (314) 500-HURT.

If you were hurt by a faulty product in Blue Springs, MO, find out the true value of your case by filling out our free personal injury calculator.



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

The Consumer Product Safety Commission has found that defective products account for in excess of 29 million injuries and 21,000 deaths each year.

Based on data 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 harm an unsafe product can cause.

If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Blue Springs, MO for empathetic, committed and talented support and legal advocacy.

How Defective Products Claims Work in Blue Springs, MO

Pursuant to Missouri Revised Statute §537.760, you and your Blue Springs, MO defective products lawyer can make a "strict liability" claim 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 way reasonably anticipated.
3. One or both of the following:
   1. The product had a faulty condition that was unreasonably dangerous when the product was sold and your injuries are a direct result of that defect, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:

• You discover who the manufacturer is, it still does business and is financially capable of paying you for all of your damages.
• The entity that sold it makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
• No other party in the case submits evidence that the distributor was involved in any other aspect of the design and manufacturing process.
• The dismissal is requested to the court within 60 days.

If the above 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 engineering of the product, were otherwise liable for the dangerous condition or the manufacturer cannot pay for all 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 liable party is held responsible.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be completely understood before use by the consumer. This defense will only work for for inadequate warning defective products claims, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury lawsuits in Blue Springs, MO are based on the concept of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Blue Springs, MO patients with a standard of care. When someone fails in that obligation, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be held accountable for your damages and would owe you compensation.

However, most product liability or hazardous products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is accountable 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 Blue Springs, 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 defect in the design that afterwards affects all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure in the manufacturing process. This can either only make one product dangerous, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Risks or Risks That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused injury because it did not give proper instructions or warnings about inherent dangers. 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 risks. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety procedures for verifying the safety of their products. However, too often corporations are negligent and try to focus more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Blue Springs, MO will fight on your behalf and demand nothing but a full financial recovery.

Comparative Negligence in Defective Productions Claims in Blue Springs, MO

Manufacturers, vendors and anyone else in the chain of distribution will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to posit that you are responsible for a portion of your damages and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt an entity involved in the stream of commerce makes to eschew their duty to pay you for the damage their product did to you. Your Blue Springs, 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 manner 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. By contrast, 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 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 decrease it but can considerably reduce it. Say 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 theory in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
• 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 failed 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 injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries are your fault because you had not adhered to proper protocols.
• You failed to mitigate your damages. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. 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 you have no right to ask them for money they do not owe you.

Just because the defense can — and will — try to convince the court that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies implement myriad deceitful tactics to try and devalue your claim, but your Blue Springs, 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 we get paid a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until you get the great compensation you deserve. Get in touch with Burger Law today at (314) 500-HURT for legal advocacy that rivals and eclipses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Blue Springs, MO

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

• Brakes
• Airbags
• Fuel systems
• Electrical systems
• Tires
• Door latches
• Accelerators

Offroad vehicles like 4-wheelers can also cause injuries, 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 Blue Springs, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us even more injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Blue Springs, MO has seen cause further complications for patients are:

• Artificial joints that can cause infections, instability, chronic soreness or repeated dislocations
• Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
• Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can cause pierced organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
• Permanent birth control implements that can perforate organs, result in pelvic pain, abnormal blood loss and unintended pregnancies

As the medical industry keeps inventing new technologies, the numbers of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly due to defects in software.

In 2017, the U.S. Health and Human Services Department stated that over a decade Medicare had to spend 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 easing it. If a faulty medical device caused you injuries, your Blue Springs, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to deteriorate too quickly 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 continue to take on Exactech Knee Replacement cases. You can view our original complaint here:

View Complaint

Defective Drug Lawyer in Blue Springs, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must obey 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 drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit 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 Blue Springs, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Four thousand five hundred medications and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you care about had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from this world too soon.

Other common defective products we file suit for in Blue Springs, MO include:

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

Every Burger Law defective products lawyer in Blue Springs, MO knows that being injured by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Blue Springs and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on wining you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Blue Springs, 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 Blue Springs, MO today at (314) 500-HURT or contact us online to take the first step toward true healing.