Defective Products Lawyer in Clinton, MO.

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

Picture what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around heavy machinery, and/or use your iPhone throughout the day. You may use lawnmowers on your free days. You may even have a prosthetic limb or other medical device. 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 market. When there is an oversight in that process and a product becomes dangerous, it can have a catastrophic effect on on your life and lives of those you love in Clinton, MO. If tragedy struck you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the great compensation you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Clinton and throughout Missouri over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Clinton, MO today at (314) 500-HURT.

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



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Clinton, 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, MO Defective Products Statistics

The Consumer Product Safety Commission has found that hazardous products result in over 29 million injuries and 21,000 fatalities each year.

Based on facts 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 speaks to the extreme harm that can be caused when manufacturers and distributors do not adhere to proper safety measures.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Clinton, MO for empathetic, committed and expert support and legal advocacy.

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

Pursuant to Missouri Revised Statute §537.760, you and your Clinton, MO defective products lawyer can make a "strict liability" claim if three conditions are met:

1. The company was involved in the product's stream of commerce.
2. The product was used in a way rationally expected.
3. Either or both of the following conditions:
   1. The product was in a faulty condition that was unreasonably dangerous when you bought the product and your injuries are a direct result of that defect, 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 "chain of distribution" refers to anyone involved in the product from initial design to purchase, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the claim if:

• The manufacturer is known, still does business and is financially capable of reimbursing you for all of your injuries.
• The distributor signs an affidavit under threat of perjury that their only involvement in the process was selling it.
• No other party in the case comes forward with evidence that the seller was involved in any other aspect of the design and manufacturing process.
• The dismissal is requested to the court within 60 days.

If the aforementioned conditions are met, 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 engineering of the product than they implied, were otherwise responsible for the hazardous condition or the manufacturer cannot compensate you for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation that they owe you.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be entirely understood before use by the public. This defense is only valid for inadequate warning defective products lawsuits, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury lawsuits in Clinton, MO are based on the idea of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they can be found responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable 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 Clinton, 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 innate imperfection in the design that subsequently passes the defect to all products with the same design. An example is a piece of clothing that is easily flammable.
2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure 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 incorrectly installing wires or electrical components or a swing set with a cracked chain.
3. Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about inherent dangers. Examples include a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. 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 encourage corporations to implement exhaustive safety procedures for ensuring the safety of their products. Even so, too often companies do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Clinton, MO will fight on your behalf and demand only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Clinton, MO

An oft-used defense for manufacturers in a defective products claim is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the chain of distribution to put forth the defense 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 the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to avoid their duty to pay you for the damage their product did to you. Your Clinton, 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 negligence 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. By contrast, if you are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not reasonably 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 chain of distribution will not be able to completely avoid fault but can significantly reduce 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 hazards of the product while you were using it. This is often referred to as "Assumption of the risk," a theory in tort claims wherein, if the injured party was aware of risks, 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 make custom modification to your car's engine despite not being a mechanic. 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. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. If you were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you followed proper protocols.
• You did not mitigate your damages. In any personal injury claim, you are ethically bound 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 defense can — and will — assert that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies use myriad tricks to try and minimize your claim, but your Clinton, 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 we get paid a moderate percentage of the financial recovery you get, and you do not pay us anything until we win your case. Reach out to Burger Law right away at (314) 500-HURT for legal advocacy that matches and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Clinton, MO

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

• Brakes
• Airbags
• Fuel systems
• Electrical wiring
• Wheels
• Door latches
• 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 Clinton, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Clinton, MO has seen cause further complications for patients include:

• Artificial hips, knees or other joints that can result in infections, instability, pain or frequent dislocations
• Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
• Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can lead to perforated organs, infections and electrical burns
• Blood clot filters that allow free-floating blood clots to slip into the lungs
• Permanent birth control devices that can pierce organs, result in pain in the pelvic region, abnormal bleeding and unplanned pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the foremost factor.

In 2017, the U.S. Health and Human Services Department stated that in the course of a decade Medicare had to spend at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of helping us. If a flawed medical device caused you injuries, your Clinton, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to degrade too quickly and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 patients who had received the replacement joint. 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 link below:

View Complaint

Defective Drug Lawyer in Clinton, MO

The Federal Drug Administration has firm protocols 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 drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations 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 Clinton, MO to stand up to these bullying corporations and let them know that their behavior is intolerable.

Four thousand five hundred prescriptions and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or a loved one had your condition deteriorate because of reckless pharmaceutical companies and corporations, 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 successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other common defective products we file suit for in Clinton, MO include:

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

Every Burger Law defective products lawyer in Clinton, MO knows that being harmed by a faulty product can completely disrupt your life. That is why we endeavor to see the injured in Clinton and throughout Missouri get fair compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to 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 Clinton, 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 Clinton, MO now at (314) 500-HURT or contact us online to start on your journey to true healing.