Defective Products Lawyer in Buchanan County, MO.

Defective Products Lawyer in Buchanan County, MO. If you or a loved one was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Buchanan County, MO now at (314) 500-HURT or fill out our online form for a complimentary consultation.

Picture your daily routine: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your car, sit by a computer or work around technology, and/or use your iPhone throughout the day. You may drive go-carts on the weekend. You may even have a prosthetic limb 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 a breakdown in the stream of commerce and a product becomes hazardous, it can have a devastating impact on Buchanan County, MO individuals and families. When that happens to you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to stand by your side and deliver you the great financial recovery you are owed.

In our In our 30 years of experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Buchanan County and beyond in excess of $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Buchanan County, MO immediately at (314) 500-HURT.

If you were injured by a dangerous product in Buchanan County, MO, see how much your claim may be worth by using our complimentary personal injury calculator.



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

The Consumer Product Safety Commission states that defective products result in in excess of 29 million injuries and 21,000 deaths annually.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the incredible destruction an unsafe product can cause.

If you or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in Buchanan County, MO for understanding, devoted and talented support and legal advocacy.

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

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

1. The corporation was involved in the product's design, manufacture, distribution and sale.
2. The product was used in a manner rationally foreseen.
3. Either or both of the following conditions:
   1. The product had a faulty condition that was unreasonably hazardous when the product was sold that caused you direct harm, and/or
   2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to sale, including the person or entity you bought the product from. Pursuant 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:

• You discover who the manufacturer is, it has not closed their business and is financially capable of paying you for the entirety of your injuries.
• The vendor makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
• No other party in the case comes forward with evidence that the vendor was involved in any other facet of the chain of distribution.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are satisfied, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise liable for the dangerous condition or the manufacturer is unable to compensate you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery that they owe you.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product went to market. This defense is only applicable to for failure to warn defective products claims, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury suits in Buchanan County, MO are based on the conception of negligence. We all have a civil duty to not recklessly cause harm to other people 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 is negligent, for example if if you are misdiagnosed because of substandard medical attention they can be held liable for your damages and would owe you a financial recovery.

However, most product liability or defective products cases are strict liability claims, meaning that anyone in the chain of distribution is to blame for any injuries 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 Buchanan County, 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 subsequently passes the flaw to 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 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 hazardous chemicals. An example could be bugs or other contaminants found in beverages or leaving sharp edges on plastic or other materials.
3. Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about innate risks. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer typically 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 meant to encourage corporations to implement comprehensive safety protocols for verifying the safety of their products. However, too often companies are negligent and spend more energy on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Buchanan County, MO will fight on your behalf and demand only the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Buchanan County, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to put forth the defense that you are liable for a portion of the fault and, therefore, they are not obligated to reimburse you for the full extent of your damages. 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, claims of comparative fault are an erroneous attempt a manufacturer makes to avoid their obligation to reimburse you for the harm they have caused. Your Buchanan County, MO defective products lawyer at Burger Law sees through that. According to the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances apply:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller 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 the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably decrease it but can considerably diminish 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 knew of inherent risks of the product while you were using it. This is often referred to 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 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 say that any reasonable person would have known that they could be seriously hurt doing such a thing.
• You neglected to take necessary safety precautions. 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 would have been avoided had you followed proper protocols.
• You failed to mitigate your damages. In any personal injury claim, you have a duty 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 you have no right to ask them for money they do not owe you.

Just because the manufacturer or distributor 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. Bullying corporations and insurance companies implement myriad deceitful tactics to try and devalue your claim, but your Buchanan County, 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. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you are awarded, and you owe us nothing until you get the great compensation you deserve. Call Burger Law now at (314) 500-HURT for legal counsel that parallels and exceeds that of resistant manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Buchanan County, MO

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

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Wheels
• Seats
• Engine cooling fan blades

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 Buchanan County, MO

Medical devices are meant to improve the lives of the people who need them. 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 Buchanan County, MO has seen cause further complications for patients include:

• Artificial joints that can cause infections, limited mobility, pain or frequent dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can lead to perforated organs, infections and electrical burns
• Blood clot filters that allow free-floating blood clots to invade the lungs
• Permanent birth control implements that can perforate organs, result in pelvic pain, excessive hemorrhaging and unintended pregnancies

As the medical industry becomes more high-tech, medical device recalls have increased exponentially. 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 reported that throughout 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Buchanan County, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February 2022, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to deteriorate too quickly and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 people who had the replacement joint implanted. 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 read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Buchanan County, MO

The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. 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. With no absolute third-party testing many drugs reach the shelves 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 Buchanan County, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable.

Hundreds of thousands of medications and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about received injuries because of irresponsible pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by securing you compensation and holding negligent corporations liable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other common dangerous products we collect compensation for our clients for in Buchanan County, MO include:

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

Every Burger Law defective products lawyer in Buchanan County, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we have pledged our lives to seeing the injured in Buchanan County 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 immediately start working on delivering 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 Buchanan County, 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 Buchanan County, MO immediately at (314) 500-HURT or contact us online to take the first step toward being made whole again.