Defective Products Lawyer in Greenwood, MO.

Defective Products Lawyer in Greenwood, MO. If you or a family member was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Greenwood, MO right away at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Think of 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 on your bike, sit at in a chair or work around heavy machinery, and/or use your cell phone on and off throughout the day. You may use lawnmowers on your free days. You may even have a knee 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 market. When there is a mistake in the stream of commerce and a product becomes dangerous, it can cause severe harm to you and your Greenwood, MO family. When that happens to you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to stand in your corner and get you the best possible compensation you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Greenwood and beyond in excess of $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Greenwood, MO today at (314) 500-HURT.

If you were harmed by a faulty product in Greenwood, MO, discover the true value of your claim by utilizing our free personal injury calculator.



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

Greenwood, MO Defective Products Statistics

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

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

If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Greenwood, MO for passionate, devoted and knowledgeable support and legal counsel.

How Defective Products Claims Work in Greenwood, MO

Under Missouri Revised Statute §537.760, you and your Greenwood, MO defective products lawyer can make a "strict liability" claim if three factors are true:

1. The corporation was involved in the product's design, manufacture, distribution and sale.
2. The product was used in a way easily expected.
3. Either or both of the following conditions:
   1. The product was in a defective condition that was unreasonably dangerous when the product was sold that was the proximate cause of your injuries, 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 "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. Pursuant to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may avoid liability if:

• The manufacturer is known, still exists and is financially capable of paying you for all of your injuries.
• The distributor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
• There is no evidence is presented to the court that the seller took part in any other aspect of the stream of commerce.
• The motion to dismiss is filed 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 dangerous condition or the manufacturer is unable to 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 you get the great compensation that they owe you.

Missouri Revised Statute §537.764 provides one defense 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 defective products cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury claims in Greenwood, MO are determined by the concept of negligence. We all have a duty to each other's safety 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 is negligent, for example if if you are misdiagnosed because of substandard medical attention they may be held liable for your damages and would owe you a financial recovery.

However, most product liability or hazardous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is liable 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 Greenwood, 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 imperfection in the design that subsequently passes the flaw to all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
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 only make one product defective, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Risks or Risks 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 adequate instructions or warnings about innate risks. 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. A manufacturer typically 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 meant to hold corporations accountable and persuade them to implement exhaustive safety protocols for ensuring that their products will not pose a danger to the public. However, too often companies do not value our safety and spend more energy on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Greenwood, MO will fight on your behalf and insist on nothing but the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Greenwood, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the principle of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to put forth the defense that you share a portion of your damages and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent to blame for your injuries, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt an entity involved in the chain of distribution makes to get out their responsibility to pay you for the harm they have caused. Your Greenwood, MO defective products lawyer at Burger Law sees through that. According to the statute, the defense may say you shoulder 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 manner the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. 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. 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 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 entirely avoid fault 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 knew of inherent risks 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, 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 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 labeling can often protect someone in the chain of distribution from liability. 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 recommended safety measures.
• You failed to mitigate your damages. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. 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 — assert that comparative negligence applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use a variety of dishonest ruses to try and devalue your claim, but your Greenwood, MO defective products lawyer at Burger Law knows how to combat them. We know these companies are unfair and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you receive, and you do not pay us anything until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal counsel that parallels and exceeds that of resistant manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Greenwood, MO

Our defective products lawyer team sees in Greenwood, 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 cause collisions and fires, and lead to further injuries when the safety components to not work as they should. Common defective automobile components we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wiring
• Wheels
• Steering systems
• Headlights and taillights

Alternative vehicles like ATVs 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 Greenwood, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Greenwood, MO has seen cause further injuries to patients are:

• Artificial hips, knees or other joints that can lead to infections, limited mobility, chronic soreness or repeated dislocations
• Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
• Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can result in perforated organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
• Permanent birth control implements that can puncture organs, lead to pelvic pain, excessive hemorrhaging and unintended pregnancies

As the medical industry keeps inventing more and more advanced 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 foremost factor.

In 2017, the U.S. Health and Human Services Department announced that throughout 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a faulty medical device ended up aggravating your condition, your Greenwood, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, had 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 designed to and have caused incredible pain and permanent damage to potentially as many as 150,000 people who had the replacement joint implanted. 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 our original complaint here:

View Complaint

Defective Drug Lawyer in Greenwood, 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. With no absolute third-party testing many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over the safety of the people they are supposed to be helping. 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 Greenwood, MO to stand up to these bullying corporations and let them know that their behavior is unacceptable.

Hundreds of thousands of prescriptions 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 someone you love sustained injuries because of irresponsible pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer now. We fight hard to see justice restored by winning you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from their family too soon.

Other examples of defective products we see in Greenwood, 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 Greenwood, MO knows that being hurt by a faulty product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Greenwood and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we immediately start working on wining you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Greenwood, 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 Greenwood, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.