Defective Products Lawyer in Harrisonville, MO.

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

Imagine your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit at in a chair or work around machines, and/or use your cell phone throughout the day. You may use lawnmowers on your free days. 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 had to be designed, manufactured, shipped and purchased. When there is an error in the stream of commerce and a product becomes dangerous, it can have a catastrophic impact on on your life and lives of those you love in Harrisonville, MO. When that happens to you, you need the accomplished and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the great compensation you are owed.

In our three decades of negotiation, litigation and trial experience, we have secured our clients in Harrisonville and throughout Missouri over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Harrisonville, MO right away at (314) 500-HURT.

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



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

The Consumer Product Safety Commission estimates that hazardous products cause more than 29 million injuries and 21,000 deaths every year.

Based on data 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 unbelievable ruin an unsafe product can cause.

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

How Defective Products Claims Work in Harrisonville, MO

Pursuant to Missouri Revised Statute §537.760, you and your Harrisonville, MO defective products lawyer can can hold a person or corporation to blame for your damages if three factors are met:

1. The person was part of the product's design, manufacture, distribution and sale.
2. The product was used in a way reasonably expected.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor's and your injuries are a direct result of that defect, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can avoid liability if:

• You discover who the manufacturer is, it has not closed their business and is financially capable of compensating you for the entirety of your damages.
• The seller 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 puts forward evidence that the vendor was involved in any other facet of the chain of distribution.
• The motion to dismiss is filed within 60 days.

If those conditions are met, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they had a larger role in the production of the product than they intimated, were otherwise to blame for the hazardous condition or the manufacturer cannot compensate you for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery that they owe you.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only valid for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury lawsuits in Harrisonville, MO are determined by the conception of negligence. We all have an responsibility to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Harrisonville, MO roads. When someone is negligent, for instance if are injured by a fatigued truck driver they might be held responsible for your damages and would owe you a financial recovery.

By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is responsible for any injuries that stems from 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 Harrisonville, 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 innate flaw in the design that afterwards affects all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of a failure in the manufacturing process. This can either only make one product faulty, 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 bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
3. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This occurs when the product was not defective through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a hazard 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 not advising an appropriate age range for children if a toy or game is a choking hazard. 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 chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety procedures for verifying that their products will not pose a danger to the public. However, too often corporations do not value our safety and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Harrisonville, MO will hold them responsible by conducting a full investigation of your case and insisting on only full compensation.

Comparative Negligence in Defective Productions Claims in Harrisonville, MO

An oft-used defense for manufacturers in a dangerous product claim is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or seller 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 awards you $100,000 but finds you were 30 percent liable for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt an entity involved in the stream of commerce makes to eschew their obligation to reimburse you for the damage their product did to you. Your Harrisonville, 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 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 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 happening.
• You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can considerably 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 referred to as "Assumption of the risk," a concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You did not 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 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 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 manufacturer or distributor can — and will — argue that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies employ a lot of tricks to try and devalue your claim, but your Harrisonville, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies will try everything to avoid paying you 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 our only fee is a moderate percentage of the financial recovery you are awarded, and we do not collect any attorney's fees until we win your case. Call Burger Law today at (314) 500-HURT for legal representation that parallels and exceeds that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Harrisonville, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Harrisonville, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous motor vehicle parts we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Tires
• Door latches
• Engine cooling fan blades

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 Harrisonville, 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 implanted correctly. Common medical devices that your Burger Law defective products lawyer in Harrisonville, MO has seen be defective are:

• Artificial joints that can result in infections, limited mobility, pain or recurring dislocations
• Pacemakers, which can lead to infections or even wrongful death because of premature failures
• Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can lead to punctured organs, infections and internal burns
• Blood clot filters that allow dislodged blood clots to invade the lungs
• Permanent birth control implements that can puncture organs, result in pelvic pain, excessive hemorrhaging and unplanned pregnancies

As the medical industry keeps inventing new technologies, the amount of recalls issued for medical devices has 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 announced that throughout 10 years Medicare spent at least $1.5 billion to replace more than 73,000 flawed heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a faulty medical device caused you damages, your Harrisonville, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

Earlier this year, 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 intended to and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 people who had the replacement joint implanted. 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 view the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Harrisonville, 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. With no absolute independent testing many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people they are supposed to be helping. 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 Harrisonville, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Hundreds of thousands of medications and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you care about had your condition deteriorate because of careless 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 successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other examples of defective products we file suit for in Harrisonville, MO include:

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

Every Burger Law defective products lawyer in Harrisonville, MO knows that being injured by a faulty product can completely disrupt your life. That is why we endeavor to see the vulnerable in Harrisonville and throughout Missouri receive the best possible compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on delivering 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 Harrisonville, 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 Harrisonville, MO right away at (314) 500-HURT or contact us online to start on the path to a true recovery.