Defective Products Lawyer in Fort Leonard Wood, MO.

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

Think of what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around heavy machinery, and/or use your android at various times during the day. You may use lawnmowers on the weekend. You may even have a ankle 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 buyer. When there is an oversight in the chain of distribution and a product becomes defective, it can cause serious harm to you and your Fort Leonard Wood, MO family. If tragedy struck you, you need the experienced and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the full financial recovery you deserve.

In our In our 70 years of combined experience standing up for the rights of the injured and vulnerable, we have secured our clients in Fort Leonard Wood and throughout Missouri more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Fort Leonard Wood, MO now at (314) 500-HURT.

If you were harmed by a faulty product in Fort Leonard Wood, MO, find out 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 Fort Leonard Wood, 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 Fort Leonard Wood, MO?

The Consumer Product Safety Commission estimates that defective products are responsible for more than 29 million injuries and 21,000 fatalities annually.

Based on statistics 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 harm that can be caused when manufacturers and vendors do not obey the rules.

If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Fort Leonard Wood, MO for compassionate, committed and knowledgeable support and legal counsel.

What is the Process for Defective Products Claims in Fort Leonard Wood, MO?

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

1. The defendant was involved in the product's design, manufacture, distribution and sale.
2. The product was used in a manner logically expected.
3. One or both of the following:
   1. The product had a faulty 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 "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the claim if:

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

If the above conditions are satisfied, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise liable for the fault or the manufacturer cannot compensate you 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 that every to-blame party is held responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be entirely understood before use by the public. This defense is only applicable to for inadequate warning product liability lawsuits, and the burden of proof is on the defense.

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

The majority of personal injury suits in Fort Leonard Wood, MO are based on the notion 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 fails in that obligation, for example if if you are misdiagnosed because of substandard medical attention they might be held liable for your damages and would owe you compensation.

However, most product liability or dangerous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is accountable for any injuries that stems from 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 Fort Leonard Wood, 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 fault in the design that afterwards affects all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
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 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 a tainted batch of something intended for drinking containing a poisonous substance.
3. Insufficient Warnings and Instructions: This refers to a product made it through design and production 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to hold corporations accountable and persuade them to implement thorough safety protocols for verifying the safety of their products. However, 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 hurt anyone. In those cases, your Burger Law defective products lawyer in Fort Leonard Wood, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Fort Leonard Wood, MO

An oft-used defense for manufacturers in a product liability lawsuit is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to argue that you are responsible for a portion of the fault and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt a manufacturer makes to avoid their duty to pay you for the harm they have caused. Your Fort Leonard Wood, 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 has to make a product safe for ways that they can expect the public to use it. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. 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 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 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 called as "Assumption of the risk," a principle 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 neglected to 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 using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not adhered to recommended precautions.
• 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 seek unnecessary medical treatment. 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 — try to convince the court that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies employ numerous dishonest ruses to try and minimize your claim, but your Fort Leonard Wood, MO defective products lawyer at Burger Law knows how to combat them. We know these companies 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 are awarded, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law right away at (314) 500-HURT for legal advocacy that rivals and surpasses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Fort Leonard Wood, MO

Our defective products lawyer team sees in Fort Leonard Wood, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. 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 accident and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous automobile parts we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wiring
• Tires
• Door latches
• Engine cooling fan blades

Offroad vehicles like 4-wheelers can also cause damage, for instance many of them are prone 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 Fort Leonard Wood, MO

Medical devices are meant to make our lives better and allow us to live the life we want. 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 Fort Leonard Wood, MO has seen be defective are:

• Artificial hips, knees or other joints that can lead to infections, instability, pain or recurring dislocations
• Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
• Surgical robots designed to operate on hard to reach areas which, when they malfunction, can lead to pierced organs, infections and internal burns
• Blood clot filters that permit free-floating blood clots to invade the lungs
• Permanent birth control devices that can puncture organs, result in pelvic pain, excessive hemorrhaging and unplanned pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have gone up exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, mostly because of issues with software.

In 2017, the U.S. Health and Human Services Department found that over the span of 10 years Medicare spent at least $1.5 billion to replace over 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of improving our lives. If a defective medical device ended up worsening your condition, your Fort Leonard Wood, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February of 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 unimaginable pain and lifelong damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was made aware of the defect 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 here:

View Complaint

Defective Drug Lawyer in Fort Leonard Wood, MO

The Federal Drug Administration has stringent 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. That means that many prescriptions reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies value their bottom line over 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 Fort Leonard Wood, MO to stand up to these bullying corporations and make them realize that their behavior is unacceptable.

Four thousand five hundred drugs 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 family member had your condition deteriorate because of careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer now. We fight hard to see justice restored by winning you compensation and holding negligent corporations responsible. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other examples of defective products we file suit for in Fort Leonard Wood, MO include:

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

Every Burger Law defective products lawyer in Fort Leonard Wood, MO knows that being hurt by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Fort Leonard Wood and throughout Missouri recover great 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 securing you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical hardships your injury has taken on you and your Fort Leonard Wood, 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 Fort Leonard Wood, MO now at (314) 500-HURT or contact us online to start on your journey to a true recovery.