Defective Products Lawyer in Bowling Green, MO.

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

Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit by a computer or work around machines, and/or use your cell phone on and off throughout the day. You may go boating on the weekend. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the buyer. When there is an oversight in the stream of commerce and a product becomes dangerous, it can cause severe injuries to you and your Bowling Green, MO family. If tragedy struck you, you need the skilled and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and get you the full compensation you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Bowling Green and beyond in excess of $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Bowling Green, MO immediately at (314) 500-HURT.

If you were injured by a dangerous product in Bowling Green, MO, discover the true value of your case by utilizing our free personal injury calculator.



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

Bowling Green, MO Defective Products Statistics

The Consumer Product Safety Commission states that faulty products account for in excess of 29 million injuries and 21,000 fatalities each year.

According to data 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 ruin an unsafe product can cause.

If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Bowling Green, MO for empathetic, committed and knowledgeable support and legal advocacy.

How Defective Products Claims Work in Bowling Green, MO

Under Missouri Revised Statute §537.760, you and your Bowling Green, MO defective products lawyer can make a "strict liability" claim if three factors are met:

1. The defendant was involved in the product's stream of commerce.
2. You used the product in a way reasonably foreseen.
3. Either or both of the following conditions:
   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. Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to purchase, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can avoid liability if:

• The manufacturer is known, still does business and is financially capable of paying you for all of your damages.
• The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• No other party in the case presents evidence that the distributor was involved in any other aspect 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 met, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they implied, were otherwise to blame for the hazardous condition or the manufacturer cannot compensate you for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable party is held responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense will only work for for inadequate warning product liability claims, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

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

Most personal injury cases in Bowling Green, MO are won or lost based on the notion of negligence. We all have an obligation to each other's safety in certain situations; for example, doctors must treat their Bowling Green, MO patients with a standard of care. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they might be held responsible for your damages and would have to pay you compensation.

By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone in the chain of distribution is liable for any damage a product causes, 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 Bowling Green, 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 flaw in the design that subsequently 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 dangerous 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 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 harm because it did not give proper instructions or warnings about inherent risks. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product typically does not have to warn against obvious dangers. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement thorough safety procedures for guaranteeing the safety of their products. However, too often corporations do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Bowling Green, MO will fight by your side and insist on nothing but a full financial recovery.

Comparative Negligence in Defective Productions Claims in Bowling Green, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the concept of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for those in the chain of distribution to posit that you are liable for a portion of your damages and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt a defendant makes to avoid their obligation to pay you for the harm they have caused. Your Bowling Green, MO defective products lawyer at Burger Law will not let them get away with it. 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 has to make a product safe for ways that they can expect the public to use it. 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 use a loaded gun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not be expected to foresee that happening.
• 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 significantly decrease 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 knew of inherent hazards of the product while you were using it. 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, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
• You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 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 ethically bound to try to keep your damages as low as you reasonable can. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 people in the chain of distribution can — and will — work hard to persuade a jury that comparative fault applies to your claim, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies implement myriad deceitful tactics to try and lower your claim, but your Bowling Green, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations are unfair and try to take advantage of people who have never had to file a lawsuit before. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you get, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law now at (314) 500-HURT for legal representation that matches and surpasses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Bowling Green, MO

Our defective products lawyer team sees in Bowling Green, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common defective car parts we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Tires
• Door latches
• Headlights and taillights

Alternative vehicles like ATVs 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 Bowling Green, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can 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 Bowling Green, MO has seen be defective include:

• Artificial joints that can lead to 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 intended to operate on hard to reach areas which, when they malfunction, can cause pierced organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can puncture organs, result in pelvic pain, abnormal blood loss and unwanted pregnancies

As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has soared. 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 stated that in the course of a decade Medicare had to spend at least $1.5 billion to replace more than 73,000 flawed cardiovascular devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a flawed medical device caused you injuries, your Bowling Green, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February of this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was made aware of the defect by a client, we immediately got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Bowling Green, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must follow from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. With no absolute third-party testing many drugs reach the market without an objective analysis of the potential drawbacks compared to the 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 Bowling Green, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you love had your condition worsen because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other examples of dangerous products we file suit for in Bowling Green, MO include:

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

Every Burger Law defective products lawyer in Bowling Green, MO knows that being hurt by a dangerous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Bowling Green 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 do not hesitate to start working on wining you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Bowling Green, MO family. We will stand by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Bowling Green, MO right away at (314) 500-HURT or contact us online to start on the path to a true recovery.