Defective Products Lawyer in De Soto, MO.

Defective Products Lawyer in De Soto, MO. If you or someone you love was harmed by a dangerous product, reach out to a Burger law defective products lawyer in De Soto, MO immediately at (314) 500-HURT or fill out our online form for a complimentary consultation.

Imagine what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit at in a chair or work around machines, and/or use your iPhone throughout the day. You may use lawnmowers on the weekend. You may even have a pacemaker 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 buyer. When there is an error in the chain of distribution and a product becomes hazardous, it can cause serious injuries to you and your De Soto, MO family. If tragedy struck you, you need the knowledgeable and devoted legal services of Burger Law's defective products lawyer team to stand by your side and secure you the great compensation you are owed.

In our 30 years of negotiation, litigation and trial experience, we have delivered our clients in De Soto and beyond more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in De Soto, MO today at (314) 500-HURT.

If you were hurt by a dangerous product in De Soto, MO, learn how much your claim may be worth by filling out our free personal injury calculator.



The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in De Soto, 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 De Soto, MO?

The Consumer Product Safety Commission estimates that dangerous products result in more than 29 million injuries and 21,000 fatalities each year.

According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme ruin that can be caused when manufacturers and distributors do not obey adequate safety protocols.

If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in De Soto, MO for understanding, devoted and experienced support and legal representation.

How Defective Products Claims Work in De Soto, MO

According to Missouri Revised Statute §537.760, you and your De Soto, MO defective products lawyer can can hold a person or corporation to blame for your damages 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 reasonably anticipated.
3. One or both of the following:
   1. The product had a faulty condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, 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 purchase, 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 avoid liability if:

• You discover who the manufacturer is, it still does business and is financially capable of compensating you for the entirety of your injuries.
• The entity that sold it signs an affidavit under oath that their only involvement in the process was selling it.
• There is no evidence is presented to the court that the distributor took part in any other facet of the design and manufacturing process.
• The motion to dismiss is filed within 60 days.

If the above conditions are met, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they had a larger role in the engineering of the product than they intimated, were otherwise to blame for the hazardous condition or the manufacturer cannot pay for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held accountable.

Missouri Revised Statute §537.764 has an exception 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 hit the shelves. This defense is only applicable to for inadequate warning product liability claims, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury claims in De Soto, MO are determined by the idea of negligence. We all owe each other a duty of care 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 fails in that duty, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog 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 a designer, manufacturer or vendor is responsible for any damage 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 De Soto, 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 got into your hands.

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 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: 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, 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 installing outdated components or leaving sharp edges on plastic or other materials.
3. Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused injury 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 anticipate. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement exhaustive safety procedures for ensuring the safety of their products. Even so, too often corporations do not respect their obligation to make safe products 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 De Soto, MO will fight by your side and demand nothing but the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in De Soto, MO

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the concept of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to posit that you are responsible for a portion of your damages and, therefore, they are not liable 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 at fault for the accident, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to avoid their duty to reimburse you for the harm they have caused. Your De Soto, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances are relevant in your case:

• You did not use the product in a way 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 use a loaded rifle 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 manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably lower it but can significantly decrease 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 called as "Assumption of the risk," a principle in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
• You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 failed to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. 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 followed proper protocols.
• You failed to 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 — argue that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies use myriad dishonest ruses to try and devalue your claim, but your De Soto, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you get, and you owe us nothing until we win your case. Call Burger Law immediately at (314) 500-HURT for legal counsel that rivals and surpasses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in De Soto, MO

Our defective products lawyer team sees in De Soto, 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, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in accident and fires, and lead to further injuries when the safety components to not work as they should. Common faulty motor vehicle components we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Wheels
• Door latches
• Headlights and taillights

Offroad vehicles like 4-wheelers can also cause harm, 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 De Soto, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in De Soto, MO has seen be defective are:

• Artificial joints that can cause infections, limited mobility, pain or recurring dislocations
• Pacemakers, which can lead to infections or even wrongful death when they do not last as long as anticipated
• Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can cause pierced organs, infections and electrical burns
• Blood clot filters that permit dislodged blood clots to invade the lungs
• Permanent birth control implements that can puncture organs, cause pain in the pelvic region, abnormal bleeding and unplanned pregnancies

As the medical industry keeps coming up with new technologies, the amount of recalls issued for medical devices has increased exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the leading factor.

In 2017, the U.S. Health and Human Services Department found that over 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a defective medical device ended up worsening your condition, your De Soto, 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.

Earlier this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unimaginable pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in De Soto, MO

The Federal Drug Administration has stringent procedures 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. That means that many drugs reach the market 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 truly help their condition. Currently, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in De Soto, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Hundreds of thousands of 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 care about sustained injuries because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by winning you compensation and holding negligent corporations liable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other examples of dangerous products we file suit for in De Soto, 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 De Soto, MO knows that being hurt by a dangerous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have committed our lives to seeing the injured in De Soto 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 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 toll your injury has inflicted on you and your De Soto, 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 De Soto, MO now at (314) 500-HURT or contact us online to start on your journey to being made whole again.