Defective Products Lawyer in Grandview, MO.

Defective Products Lawyer in Grandview, MO. If you or someone you care about was harmed by a dangerous product, call a Burger law defective products lawyer in Grandview, MO today 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 allergy medication, go to school or work on a bus, sit by a computer or work around heavy equipment, and/or use your iPhone at various times during the day. You may drive go-carts 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 product that has gone through various stages of design and production before it reaches the market. When there is an error in the chain of distribution and a product becomes defective, it can have a disastrous effect on on your life and lives of those you love in Grandview, MO. If tragedy struck you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the full compensation you are owed.

In our In our 70 years of combined experience standing up for fairness and justice, we have gotten our clients in Grandview and beyond over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Grandview, MO today at (314) 500-HURT.

If you were injured by a defective product in Grandview, MO, find out how much your claim may be worth by filling out our complimentary personal injury calculator.



Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Grandview, 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 Grandview, MO?

The Consumer Product Safety Commission has found that hazardous products are responsible for over 29 million injuries and 21,000 deaths 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 shows the incredible ruin an unsafe product can cause.

If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Grandview, MO for passionate, committed and expert support and legal counsel.

How Defective Products Claims Work in Grandview, MO

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

1. The defendant was part of the product's chain of distribution.
2. The product was used in a manner reasonably foreseen.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "chain of distribution" refers to anyone involved in the product from initial conception to sale, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product may avoid liability if:

• You discover who the manufacturer is, it still does business and is able to pay for all of your injuries.
• The entity that sold it makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• There is no evidence is brought in front of the court that the seller took part in any other aspect of the chain of distribution.
• The dismissal is requested to the court within 60 days.

If the aforementioned conditions are fulfilled, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise at fault for the hazardous condition or the manufacturer cannot pay for all 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 you get the great financial recovery you are owed.

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 will only work for for failure to warn product liability lawsuits, 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 Grandview, MO are won or lost based on the concept of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Grandview, MO roads. When someone is negligent, for example if are injured by a fatigued truck driver they can be found accountable for your damages and would owe you compensation.

However, most product liability or hazardous 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, 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 Grandview, 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 you acquired it.

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 flaw in the design that subsequently passes the fault to 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: 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 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 bugs or other contaminants found in beverages or not properly fastening components to each other.
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 come about from normal use of the product. 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 typically does not have to warn against obvious dangers. 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 thorough safety procedures for verifying the safety of their products. Even so, too often companies 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 Grandview, MO will hold them responsible by conducting a full investigation of your case and demanding only maximum compensation.

Comparative Negligence in Defective Productions Claims in Grandview, MO

A common defense for manufacturers in a product liability claim is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce to posit that you are liable for a portion of the fault and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to eschew their obligation to pay you for the damage their product did to you. Your Grandview, 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 distributor is only has to make a product safe for ways that they can expect a consumer to use it. 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 rifle to prop a door open and it misfires, 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 the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid fault but can significantly lower 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 called as "Assumption of the risk," a concept 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 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 hurt doing such a thing.
• You failed to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution from liability. If you were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you obeyed proper protocols.
• You failed to try to keep your damages to a minimum. 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 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 — work hard to persuade a jury that comparative fault applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ a variety of dishonest ruses to try and lower your claim, but your Grandview, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations are unfair and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the financial recovery you get, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal advocacy that rivals and exceeds that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Grandview, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Grandview, MO. 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 collisions and fires, and lead to further injuries when the safety components to not function as they should. Common defective car parts we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wiring
• Tires
• Steering systems
• Headlights and taillights

Alternative vehicles like 4-wheelers can also cause injuries, 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 Grandview, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they actually 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 Grandview, MO has seen be defective are:

• Artificial hips, knees or other joints that can result in infections, instability, chronic soreness or frequent dislocations
• Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as anticipated
• Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can lead to perforated organs, infections and internal burns
• Blood clot filters that permit dislodged blood clots to invade the lungs
• Permanent birth control implements that can perforate organs, lead to pain in the pelvic region, excessive blood loss and unwanted pregnancies

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

In 2017, the U.S. Health and Human Services Department found that over a decade Medicare spent at least $1.5 billion to replace over 73,000 flawed 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 flawed medical device ended up worsening your condition, your Grandview, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive 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 improperly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused incredible pain and lifelong damage to possibly as many as 150,000 patients who had received the replacement joint. When Burger Law was contacted 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 our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Grandview, MO

The Federal Drug Administration has strict 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 prescriptions reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line over the safety of the people who need medicine and treatments that truly help their condition. 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 Grandview, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Hundreds of thousands of drugs 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 love had your condition worsen because of reckless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer now. We fight hard to see justice restored by securing you compensation and holding negligent corporations liable. Burger Law has already successfully filed suits 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 collect compensation for our clients for in Grandview, MO include:

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

Every Burger Law defective products lawyer in Grandview, MO knows that being harmed by a hazardous product can completely upend your life. That is why we endeavor to see the vulnerable in Grandview and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on securing you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Grandview, MO family. We will fight 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 Grandview, MO today at (314) 500-HURT or contact us online to take the first step toward being made whole again.