Defective Products Lawyer in Branson, MO.

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

Picture 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 in your car, sit at in a chair or work around technology, and/or use your cell phone on and off throughout the day. You may go boating on your free days. 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 had to be designed, produced, packaged and bought. When there is a breakdown in that process and a product becomes hazardous, it can cause severe injuries to you and your Branson, MO family. When that happens to you, you need the skilled and committed legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the maximum compensation you deserve.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in Branson and throughout Missouri more than $170 million. Our initial case evaluations 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 Branson, MO now at (314) 500-HURT.

If you were harmed by a defective product in Branson, MO, find out how much your claim may be worth by utilizing our free personal injury calculator.



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

Branson, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that defective products cause more than 29 million injuries and 21,000 deaths annually.

Based on statistics 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 incredible devastation an unsafe product can cause.

If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Branson, MO for compassionate, committed and skilled support and legal advocacy.

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

Under Missouri Revised Statute §537.760, you and your Branson, MO defective products lawyer can make a "strict liability" claim if three conditions are true:

1. The person was part of the product's chain of distribution.
2. The product was used in a way easily anticipated.
3. One or both of the following:
   1. The product was in a faulty condition that was unreasonably dangerous when the product was sold that caused you direct harm, 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 involved in the product from initial design to sale, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it can be dismissed from the claim if:

• You discover who the manufacturer is, it still exists and is financially capable of compensating you for all of your damages.
• The vendor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
• No other party in the case comes forward with evidence that the seller was involved in any other aspect of the chain of distribution.
• The motion to dismiss is filed within 60 days.

If the above conditions are satisfied, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the production of the product than they implied, were otherwise liable for the fault or the manufacturer is unable to reimburse you for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery that they owe you.

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 hit the shelves. This defense is only applicable to for failure to warn product liability cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in Branson, MO are based on the notion of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Branson, MO roads. When someone is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they may be found liable for your damages and would owe you a financial recovery.

However, most product liability or defective products claims come down to strict liability, meaning that anyone in the chain of distribution is accountable for any injuries a product causes, 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 Branson, 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 afterwards affects 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 only make one product hazardous, 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 installing outdated components or using the wrong kind of screws or bolts.
3. Insufficient Warnings and Instructions: 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 risks. 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. The company that makes a product generally does not have to warn against dangers that a reasonable person would foresee. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety protocols for verifying that their products will not put the people who use it at risk. Even so, too often companies 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 Branson, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but full compensation.

Comparative Negligence in Defective Productions Claims in Branson, MO

An oft-used defense for manufacturers in a defective products lawsuit is that you are at fault for all or a portion of your damages. 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 your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt an entity involved in the chain of distribution makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Branson, MO defective products lawyer at Burger Law sees through that. According to the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances apply:

• You did not use the product in a way the manufacturer could foresee. A manufacturer or seller 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. 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 be expected to foresee that use of the product.
• You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to entirely avoid liability but can considerably reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car collision. 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 principle in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
• You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You neglected to 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 obeyed proper protocols.
• You failed to try to keep your damages to a minimum. In any personal injury claim, you are expected 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 stream of commerce 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. Large corporations and insurance companies implement a lot of deceitful tactics to try and minimize your claim, but your Branson, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you get, and you owe us nothing 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 bullying manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Branson, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Branson, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and fail to protect drivers and passengers from harm as intended. Common defective motor vehicle parts we see are:

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

Alternative vehicles like 4-wheelers can also cause injuries, 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 Branson, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Branson, MO has seen cause further injuries to patients include:

• Artificial joints that can result in infections, instability, pain or recurring dislocations
• Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as anticipated
• Surgical robots intended to operate on hard to reach areas which, when they do not work properly, can result in 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 pierce organs, lead to pain in the pelvic region, abnormal hemorrhaging and unplanned pregnancies

As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, mostly due to issues with software.

In 2017, the U.S. Health and Human Services Department announced that over a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a defective medical device caused you damages, your Branson, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused unimaginable 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 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 read the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Branson, MO

The Federal Drug Administration has firm procedures for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that are truly effective. Currently, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Branson, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.

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 sustained injuries because of reckless 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 selfishness has taken someone from this world too soon.

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

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

Every Burger Law defective products lawyer in Branson, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Branson 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 delivering you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your Branson, MO family. We will fight 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 Branson, MO right away at (314) 500-HURT or contact us online to take the first step toward being made whole again.