Defective Products Lawyer in Caldwell County, MO.

Defective Products Lawyer in Caldwell County, MO. If you or someone you care about sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Caldwell County, MO immediately at (314) 500-HURT or fill out our online form for a complimentary consultation.

Imagine your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around machines, and/or use your android throughout the day. You may go 4-wheeling on your free days. You may even have a knee 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 market. When there is a mistake in that process and a product becomes defective, it can cause serious harm to you and your Caldwell County, MO family. 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 win you the maximum compensation you are owed.

In our In our 70 years of combined experience standing up for fairness and justice, we have secured our clients in Caldwell County and beyond in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Caldwell County, MO today at (314) 500-HURT.

If you were hurt by a defective product in Caldwell County, MO, see 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 Caldwell 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 Caldwell County, MO?

The Consumer Product Safety Commission estimates that faulty products account for more than 29 million injuries and 21,000 fatalities every year.

According to facts 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 unbelievable harm an unsafe product can cause.

If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Caldwell County, MO for passionate, devoted and talented support and legal counsel.

How Defective Products Claims Work in Caldwell County, MO

Pursuant to Missouri Revised Statute §537.760, you and your Caldwell County, MO defective products lawyer can can hold a person or company responsible for your injuries if three conditions are met:

1. The corporation was involved in the product's stream of commerce.
2. You used the product in a manner reasonably anticipated.
3. Either or both of the following conditions:
   1. The product had a defective condition that was unreasonably dangerous when you bought the product that was the proximate cause of your injuries, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "stream of commerce" refers to anyone involved in the product from initial design to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can be dismissed from the suit if:

• The manufacturer is known, still exists and is financially capable of paying you for all of your damages.
• The vendor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
• There is no evidence is presented to the court that the vendor took part in any other part of the chain of distribution.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above conditions are satisfied, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise at fault for the hazardous condition or the manufacturer is unable to compensate you for all of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every to-blame party is held accountable.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be fully understood before use by the consumer. This defense is only valid for failure to warn product liability claims, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in Caldwell County, MO are won or lost based on the concept of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, doctors must treat their Caldwell County, MO patients with a standard of care. When someone fails in that duty, for example if are injured by a fatigued truck driver they might be found responsible for your damages and would owe you compensation.

However, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is at fault for any injuries 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 Caldwell 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 innate imperfection in the design that subsequently affects 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 only make one product hazardous, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. 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 Dangers That Should Have Been Foreseen: This occurs when the product was not dangerous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. 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 typically does not have to warn against risks that a reasonable person would anticipate. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to encourage corporations to implement exhaustive safety protocols for ensuring the safety of their products. Even so, too often companies do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Caldwell County, MO will hold them accountable by conducting a full investigation of your case and demanding only the best possible compensation.

Comparative Negligence in Defective Productions Claims in Caldwell County, MO

Manufacturers, vendors and anyone else in the stream of commerce will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for those in the chain of distribution to put forth the argument that you are liable for a portion of your damages and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for your injuries, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a defendant makes to get out their responsibility to reimburse you for the harm they have caused. Your Caldwell County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. 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. On the other hand, if you use a loaded rifle 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 the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid fault but can considerably diminish 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 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 concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 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 did not 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 would have been avoided had you adhered to recommended precautions.
• You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the financial recovery you are owed. 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 — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies use a lot of tricks to try and lower your claim, but your Caldwell County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies are unfair and try to take advantage of people who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you are awarded, and you do not pay us anything until we win your case. Reach out to Burger Law now at (314) 500-HURT for legal advocacy that matches and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Caldwell County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Caldwell County, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. 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
• Electrical systems
• Wheels
• Door latches
• Accelerators

Offroad vehicles like ATVs 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 Caldwell County, MO

We need medical devices to enhance and extend our lives. But, sometimes they can 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 Caldwell County, MO has seen be defective include:

• Artificial hips, knees or other joints that can result in infections, instability, pain or recurring dislocations
• Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as expected
• Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can lead to punctured organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can perforate organs, result in pelvic pain, abnormal blood loss and unplanned pregnancies

As the medical industry keeps implementing new technologies, the amount of recalls issued for medical devices has gone up exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the chief cause.

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 flawed cardiovascular devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a flawed medical device ended up aggravating your condition, your Caldwell County, 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. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was retained 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 by clicking the button below:

View Complaint

Defective Drug Lawyer in Caldwell County, MO

The Federal Drug Administration has strict 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. With no absolute independent testing many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies 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 Caldwell County, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.

Hundreds of thousands of drugs and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about sustained injuries because of irresponsible pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer now. 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 examples of defective products we see in Caldwell County, 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 Caldwell County, 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 have dedicated our careers to seeing the injured in Caldwell County and throughout Missouri get fair compensation 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 wining you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Caldwell County, 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 Caldwell County, MO immediately at (314) 500-HURT or contact us online to start on the path to true healing.