Defective Products Lawyer in Cape Girardeau, MO.

Defective Products Lawyer in Cape Girardeau, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Cape Girardeau, MO immediately at (314) 500-HURT or fill out our online form for a free case review.

Think of your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around technology, and/or use your cell phone at various times during the day. You may drive go-carts on the weekend. You may even have a ankle replacement or other medical implant. 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 shelves. When there is a breakdown in that process and a product becomes hazardous, it can cause serious injuries to you and your Cape Girardeau, MO family. If tragedy struck you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the full compensation you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in Cape Girardeau and throughout Missouri over $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Cape Girardeau, MO now at (314) 500-HURT.

If you were injured by a defective product in Cape Girardeau, MO, see how much your claim may be worth by using our free personal injury calculator.



The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Cape Girardeau, 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 Cape Girardeau, MO?

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

According to 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 shows the unbelievable devastation that can be caused when manufacturers and distributors do not obey adequate safety protocols.

If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Cape Girardeau, MO for empathetic, committed and expert support and legal representation.

How Defective Products Claims Work in Cape Girardeau, MO

According to Missouri Revised Statute §537.760, you and your Cape Girardeau, MO defective products lawyer can can hold a person or company liable for your damages if three conditions are true:

1. The corporation was involved in the product's stream of commerce.
2. You used the product in a manner reasonably foreseen.
3. One or both of the following:
   1. The product had a defective condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
   2. You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.

The "chain of distribution" refers to anyone involved in the product from initial conception to sale, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can be dismissed from the lawsuit if:

• You discover who the manufacturer is, it still does business and is financially capable of reimbursing you for all of your injuries.
• The distributor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
• There is no evidence is submitted to the court that the seller was involved in any other part of the design and manufacturing process.
• The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the above conditions are met, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise liable for the dangerous condition or the manufacturer is unable to pay 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 you deserve.

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

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury suits in Cape Girardeau, MO are won or lost based on the notion of negligence. We all have a duty to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if are injured by a fatigued truck driver they may be found liable for your damages and would owe you a financial recovery.

However, most product liability or hazardous products cases come down to strict liability, meaning that anyone in the chain of distribution is to blame for any injuries that results 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 Cape Girardeau, 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 it came into your possession.

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 subsequently passes the imperfection to all products with the same design. An example is an improperly designed safeguard on a power tool.
2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes in the manufacturing process. This can either only make one product defective, 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 installing outdated components or leaving sharp edges on plastic or other materials.
3. Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger that could come about from normal use of the product. 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 dangers. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to incentivize corporations to implement exhaustive safety procedures for guaranteeing the safety of their products. Even so, too often corporations are negligent and concentrate more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Cape Girardeau, MO will fight by your side and insist on only the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Cape Girardeau, MO

A common defense for manufacturers in a defective products case is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to posit 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 awards you $100,000 but finds you were 30 percent at fault for the accident, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the stream of commerce makes to get out their responsibility to reimburse you for the damage their product did to you. Your Cape Girardeau, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative negligence if the following situations apply:

• You did not use the product in a manner 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, while chairs are meant for sitting, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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, Someone in the stream of commerce will not be able to totally avoid fault but can significantly 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 risks of the product while you were using it. This is often referred to as "Assumption of the risk," a principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
• You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
• You did not 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 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 recommended safety measures.
• You did not try to keep your damages to a minimum. 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 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 — assert that comparative fault applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use numerous deceitful tactics to try and lower your claim, but your Cape Girardeau, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations 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 compensation you receive, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal representation that rivals and exceeds that of bullying manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Cape Girardeau, MO

Our defective products lawyer team sees in Cape Girardeau, 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, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in collisions and fires, and fail to protect drivers and passengers from harm as intended. Common faulty motor vehicle parts we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wiring
• Wheels
• Seats
• Engine cooling fan blades

Offroad 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 Cape Girardeau, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more complications when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Cape Girardeau, MO has seen cause further injuries to patients include:

• Artificial hips, knees or other joints that can cause infections, limited mobility, pain or repeated dislocations
• Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
• Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can result in perforated 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, cause pelvic pain, excessive hemorrhaging and unwanted pregnancies

As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly as a result of problems with software.

In 2017, the U.S. Health and Human Services Department reported that over the span of a decade Medicare paid out at least $1.5 billion to replace more than 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of helping us. If a flawed medical device caused you injuries, your Cape Girardeau, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unneeded pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unimaginable pain and lifelong damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was retained by a client, we immediately got to work bringing them what peace of mind we could and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint here:

View Complaint

Defective Drug Lawyer in Cape Girardeau, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must obey from manufacturing to sale. 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 third-party testing many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than 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 Cape Girardeau, MO to stand up to these bullying corporations and let them know that their conduct is deplorable.

Four thousand five hundred 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 a loved one had your condition deteriorate because of careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer as soon as possible. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. 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 defective products we collect compensation for our clients for in Cape Girardeau, MO include:

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

Every Burger Law defective products lawyer in Cape Girardeau, MO knows that being harmed by a dangerous product can completely disrupt your life. That is why we strive to see the vulnerable in Cape Girardeau 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 securing you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Cape Girardeau, 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 Cape Girardeau, MO right away at (314) 500-HURT or contact us online to start on the path to being made whole again.