Defective Products Lawyer in Clinton County, MO.

Defective Products Lawyer in Clinton County, MO. If you or someone you care about was injured by a dangerous product, call a Burger law defective products lawyer in Clinton County, MO immediately at (314) 500-HURT or fill out our online form for a free consultation.

Imagine 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 on a bus, sit at in a chair or work around machines, and/or use your cell phone on and off throughout the day. You may go boating on your days off. You may even have a prosthetic limb 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 market. When there is an oversight in the chain of distribution and a product becomes dangerous, it can have a ruinous impact on Clinton County, MO individuals and families. If tragedy struck you, you need the accomplished and committed legal services of Burger Law's defective products lawyer team to stand by your side and deliver you the best possible financial recovery you deserve.

In our In our 30 years of experience standing up for fairness and justice, we have secured our clients in Clinton County and throughout Missouri over $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Clinton County, MO today at (314) 500-HURT.

If you were hurt by a dangerous product in Clinton County, MO, discover the true value of your claim by using our free personal injury calculator.



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

Clinton County, MO Defective Products Statistics

The Consumer Product Safety Commission has found that hazardous products are responsible for over 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 faulty 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 that can be caused when manufacturers and vendors do not adhere to the rules.

If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Clinton County, MO for compassionate, devoted and expert support and legal representation.

How Defective Products Claims Work in Clinton County, MO

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

1. The corporation was involved in the product's stream of commerce.
2. The product was used in a way rationally foreseen.
3. One or both of the following:
   1. The product had a defective condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
   2. You were injured because there was a dangerous 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 that sold you the product. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the suit if:

• You discover who the manufacturer is, it has not closed their business and can afford to compensate you for all of your injuries.
• The seller 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 distributor was involved in any other facet of the chain of distribution.
• The dismissal is requested to the court no later than 60 days after the complaint is filed.

If the aforementioned conditions are met, 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 demonstrates that they had a larger role in the design and manufacture of the product than they intimated, were otherwise responsible for the defect or the manufacturer is unable to reimburse 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 liable party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat 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 went to market. This defense is only valid 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 aspect.

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

Most personal injury suits in Clinton County, MO depend on the notion of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be held responsible for your damages and would owe you a financial recovery.

By contrast, most product liability or dangerous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is liable for any damage 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 Clinton 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 — 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 defect in the design that subsequently affects 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 dangerous, 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 using the wrong kind of screws or bolts.
3. Inadequate Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could arise from normal use of the product. 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. A manufacturer generally does not have to warn against dangers that a reasonable person would anticipate. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to incentivize corporations to implement thorough safety protocols for guaranteeing that their products will not pose a danger to the public. However, too often corporations do not value our safety and try to focus more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Clinton County, MO will fight on your behalf and demand only the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Clinton County, MO

An oft-used defense for manufacturers in a dangerous product lawsuit is that you are at fault for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to argue that you share a portion of the fault 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, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt a manufacturer makes to eschew their duty to pay you for the harm they have caused. Your Clinton County, 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 manner the manufacturer could foresee. A manufacturer or vendor 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 gun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
• You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can considerably reduce 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 used the product while aware of a reasonable level of danger associated with the use. 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 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously injured doing such a thing.
• You did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. 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 adhered to recommended safety measures.
• You did not mitigate your damages. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. For example, you cannot seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the chain of distribution can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies use myriad tricks to try and lower your claim, but your Clinton County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you are awarded, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal advocacy that rivals and eclipses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Clinton County, MO

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

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Wheels
• Steering systems
• Accelerators

Offroad vehicles like 4-wheelers can also cause damage, 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 Clinton County, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Clinton County, MO has seen cause further complications for patients are:

• Artificial hips, knees or other joints that can result in infections, limited mobility, chronic soreness or repeated dislocations
• Pacemakers, which can lead to infections or even wrongful death when they do not last as long as expected
• Surgical robots intended to operate on hard to reach areas which, when defective, can result in punctured organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control implements that can perforate organs, cause pelvic pain, excessive bleeding and unintended pregnancies

As the medical industry keeps inventing more and more advanced technologies, the amount of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the foremost cause.

In 2017, the U.S. Health and Human Services Department announced that over the span of 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 defective cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of easing it. If a faulty medical device ended up worsening your condition, your Clinton County, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unthinkable pain and permanent damage to potentially as many as 150,000 patients who had the replacement joint implanted. When Burger Law was retained 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 here:

View Complaint

Defective Drug Lawyer in Clinton County, MO

The Federal Drug Administration has stringent procedures 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 market. With no absolute independent testing many medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than 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 Clinton County, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Four thousand five hundred prescriptions 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 love had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, get in touch with 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 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 Clinton County, 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 Clinton County, MO knows that being hurt by a faulty product can completely upend your daily routine, your family and even your present and future financial security. That is why we have dedicated our lives to seeing the vulnerable in Clinton County and throughout Missouri receive maximum compensation for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we do not hesitate to start working on delivering you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical toll your injury has taken on you and your Clinton 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 Clinton County, MO today at (314) 500-HURT or contact us online to start on your journey to true healing.