Defective Products Lawyer in Fulton, MO.

Defective Products Lawyer in Fulton, MO. If you or a loved one was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Fulton, MO right away at (314) 500-HURT or fill out our online form for a free consultation.

Picture 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 in your vehicle, sit at in a chair or work around heavy machinery, and/or use your iPhone at various times during the day. You may go 4-wheeling on your free days. You may even have a ankle replacement or other medical implant. 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 that process and a product becomes hazardous, it can cause severe harm to you and your Fulton, MO family. If tragedy struck you, you need the accomplished and dedicated legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the best possible financial recovery you deserve.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in Fulton and throughout Missouri over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Fulton, MO now at (314) 500-HURT.

If you were harmed by a defective product in Fulton, MO, discover how much your claim may be worth by utilizing our free personal injury calculator.



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

The Consumer Product Safety Commission states that hazardous products cause in excess of 29 million injuries and 21,000 fatalities each year.

Based on statistics 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 unbelievable destruction that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.

If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Fulton, MO for compassionate, dedicated and experienced support and legal counsel.

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

According to Missouri Revised Statute §537.760, you and your Fulton, MO defective products lawyer can file a "strict liability" suit if three conditions are true:

1. The company was part of the product's stream of commerce.
2. The product was used in a manner easily expected.
3. Either or both of the following conditions:
   1. The product was in a defective condition that was unreasonably hazardous when it left the manufacturer's or seller's and your injuries are a direct result of that defect, and/or
   2. Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including a distributor or seller. Pursuant to 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 may be dismissed from the suit if:

• The manufacturer is known, has not closed their business and is financially capable of compensating you for all of your damages.
• The distributor signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• No other party in the case presents evidence that the seller took part 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 distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise liable for the dangerous condition 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 have them re-entered into the lawsuit and ensure that every to-blame party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat 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 went to market. This defense is only applicable to for failure to warn 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 Fulton, MO are determined by the conception 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 sustain an injury because you were hit by a distracted driver they might be held responsible for your damages and would owe you a financial recovery.

However, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is liable for any damage that results the reasonable use of a product, 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 Fulton, 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 subsequently affects 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 mistakes in the manufacturing process. This can either affect only one product, 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 installing outdated components or leaving sharp edges on plastic or other materials.
3. Insufficient 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 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 risks. For example, 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 exhaustive safety procedures for guaranteeing the safety of their products. Even so, too often companies do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Fulton, MO will fight on your behalf and demand nothing but a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Fulton, MO

Manufacturers, vendors and anyone else in the stream of commerce will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to argue that you are liable for a portion of your damages and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt an entity involved in the chain of distribution makes to get out their duty to reimburse you for the harm they have caused. Your Fulton, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances apply:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller 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 are injured playing catch with a power tool or other sharp object, 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 manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid fault but can considerably lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto crash. A pharmaceutical company could reasonably see 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 principle in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
• 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 take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 are your fault because you had not obeyed 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 lessen the amount of compensation you are owed. 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 manufacturer or distributor can — and will — work hard to persuade a jury that comparative negligence applies to your injuries, that does not mean they will be successful. Large corporations and insurance companies employ a variety of tricks to try and devalue your claim, but your Fulton, 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 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 receive, and we do not collect any attorney's fees until you get the great compensation you deserve. Get in touch with Burger Law immediately at (314) 500-HURT for legal counsel that matches and eclipses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Fulton, MO

Our defective products lawyer team sees in Fulton, 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, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes 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
• Ignitions
• Windshield wipers
• Tires
• Door latches
• Accelerators

Offroad vehicles like ATVs can also cause damage, 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 Fulton, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Fulton, MO has seen cause further complications for patients are:

• Artificial joints that can cause infections, instability, chronic soreness or recurring dislocations
• Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
• Surgical robots intended to operate on hard to reach areas which, when faulty, can result in pierced organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control implements that can pierce organs, lead to pain in the pelvic region, abnormal hemorrhaging and unwanted pregnancies

As the medical industry keeps implementing new technologies, 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 number one cause.

In 2017, the U.S. Health and Human Services Department stated that over the span of a decade Medicare spent at least $1.5 billion to replace over 73,000 faulty heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of improving our lives. If a faulty medical device caused you injuries, your Fulton, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unimaginable pain and permanent damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was contacted 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 the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Fulton, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must adhere to from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. That means that many drugs reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies put profit 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 Fulton, MO to stand up to these bullying corporations and make them realize that their conduct is deplorable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or someone you care about had your condition deteriorate because of reckless pharmaceutical companies and corporations, 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 they have caused. 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 see in Fulton, MO include:

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

Every Burger Law defective products lawyer in Fulton, MO knows that being harmed 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 committed our lives to seeing the injured in Fulton and throughout Missouri get the best possible 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 immediately start working on getting you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Fulton, 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 Fulton, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.