Defective Products Lawyer in Independence, MO.

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

Imagine what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit by a computer or work around machines, and/or use your iPhone on and off throughout the day. You may go boating 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 at one point was engineered, manufactured, shipped and bought. When there is a mistake in the chain of distribution and a product becomes defective, it can have a catastrophic impact on on your life and lives of those you love in Independence, MO. If tragedy struck you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the best possible compensation you are owed.

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

If you were hurt by a defective product in Independence, MO, see 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 Independence, 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?

Independence, MO Defective Products Statistics

The Consumer Product Safety Commission states that faulty products are responsible for in excess of 29 million injuries and 21,000 fatalities every year.

According to 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 unbelievable harm an unsafe product can cause.

If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Independence, MO for understanding, committed and expert support and legal advocacy.

How Defective Products Claims Work in Independence, MO

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

1. The company was part of the product's stream of commerce.
2. You used the product in a way easily foreseen.
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 distributor's that caused you direct harm, 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 involved in the product from initial conception to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can avoid liability if:

• The manufacturer is known, has not closed their business and is able to reimburse you for all of your injuries.
• The distributor signs an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
• No other party in the case presents evidence that the seller 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 those conditions are fulfilled, the distributor 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 liable for the defect or the manufacturer cannot pay for all of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held responsible.

Missouri Revised Statute §537.764 has an exception 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 hit the shelves. This defense is only applicable to for failure to warn product liability claims, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in Independence, MO depend on the notion 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 are injured by a fatigued truck driver they might be found liable for your damages and would owe you a financial recovery.

By contrast, most product liability or dangerous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault for any damage a product causes, 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 Independence, 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 inherent defect in the design that afterwards affects 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: 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, 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 a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Risks or Dangers 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 proper instructions or warnings about inherent risks. 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 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 meant to hold corporations accountable and persuade them to implement exhaustive safety procedures for guaranteeing that their products will not pose a danger to the public. However, too often corporations do not value our safety and try to focus more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Independence, MO will fight on your behalf and demand nothing but the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Independence, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the concept of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for the defendants to posit that you share a portion of your injuries and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to get out their duty to reimburse you for the damage their product did to you. Your Independence, MO defective products lawyer at Burger Law will not let them get away with it. Pursuant to the statute, the defense may say you bear 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 has to make a product safe for ways that they can expect a consumer 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. On the other hand, if you use a loaded gun 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 happening.
• You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can significantly reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car wreck. A pharmaceutical company could reasonably see 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 referred to as "Assumption of the risk," a concept in tort claims whereby, 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 harmed doing such a thing.
• You did not 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 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 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 people in the chain of distribution can — and will — try to convince the court that comparative negligence applies to your case, that does not mean they will be successful. Large corporations and insurance companies use a variety of tricks to try and minimize your claim, but your Independence, 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 have never had to make an injury claim before. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the compensation you collect, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law right away at (314) 500-HURT for legal counsel that parallels and eclipses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Independence, MO

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

• Brakes
• Airbags
• Fuel systems
• Electrical wires
• Tires
• Door latches
• Headlights and taillights

Alternative vehicles like ATVs can also cause damage, for instance many of them are prone to flipping 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 Independence, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further complications when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Independence, MO has seen be defective are:

• Artificial joints that can cause infections, instability, chronic soreness or repeated dislocations
• Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
• Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in pierced organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
• Permanent birth control devices that can puncture organs, cause pelvic pain, abnormal blood loss and unwanted pregnancies

As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the foremost factor.

In 2017, the U.S. Health and Human Services Department reported 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 relieve pain and lengthen our lifespans, not cause further damage. If a defective medical device caused you damages, your Independence, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to degrade too quickly and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who were depending on the replacement joint to return their mobility. 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 by clicking the button below:

View Complaint

Defective Drug Lawyer in Independence, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must follow from manufacturing to delivery. 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 drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than 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 Independence, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or a family member had your condition worsen because of careless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer immediately. 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 some sense of justice for the wrongful death of their loved one.

Other common defective products we file suit for in Independence, 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 Independence, 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 have pledged our lives to seeing the vulnerable in Independence and throughout Missouri get maximum 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 emotional and physical hardships your injury has taken on you and your Independence, MO family. We will stand by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Independence, MO today at (314) 500-HURT or contact us online to take the first step toward being made whole again.