Defective Products Lawyer in Jackson, MO.

Defective Products Lawyer in Jackson, MO. If you or someone you love sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Jackson, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case review.

Imagine what your daily like looks like: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit by a computer or work around technology, and/or use your cell phone at various times during the day. You may use lawnmowers on your free days. You may even have a prosthetic limb 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 shelves. When there is an error in the chain of distribution and a product becomes hazardous, it can cause serious injuries to you and your Jackson, MO family. If tragedy struck you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and win you the great financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Jackson and throughout Missouri more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Jackson, MO immediately at (314) 500-HURT.

If you were harmed by a faulty product in Jackson, MO, see the true value of your case by using our free personal injury calculator.



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

The Consumer Product Safety Commission estimates that hazardous products cause more than 29 million injuries and 21,000 deaths 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 incredible devastation an unsafe product can cause.

If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Jackson, MO for compassionate, dedicated and skilled support and legal representation.

How Defective Products Claims Work in Jackson, MO

According to Missouri Revised Statute §537.760, you and your Jackson, MO defective products lawyer can can hold a person or company to blame for your injuries if three conditions are met:

1. The defendant was involved in the product's chain of distribution.
2. You used the product in a manner reasonably foreseen.
3. Either or both of the following conditions:
   1. The product had a defective condition that was unreasonably hazardous when the product was sold 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 involved in the product from initial design to purchase, including a distributor or vendor. Under 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 be dismissed from the claim if:

• The manufacturer is known, has not closed their business and is financially capable of reimbursing you for all of your injuries.
• The distributor makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
• No other party in the case puts forward evidence that the seller was involved in any other facet of the chain of distribution.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are satisfied, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they intimated, were otherwise liable for the dangerous 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 then be able to call them back to court and ensure that every to-blame party is held accountable.

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

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury cases in Jackson, MO depend on the conception of negligence. We all have an obligation to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they might be held accountable for your damages and would owe you compensation.

By contrast, most product liability or defective products cases are strict liability claims, meaning that anyone in the chain of distribution is to blame for any damage 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 Jackson, 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 innate imperfection in the design that subsequently passes the defect to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes 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 hazardous chemicals. An example could be installing outdated components 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 Anticipated: This occurs when the product was not dangerous through design or manufacture, but rather 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer typically does not have to warn against dangers that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement exhaustive safety procedures for verifying the safety of their products. However, too often companies do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Jackson, MO will fight on your behalf and insist on only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Jackson, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the defendants to argue that you are responsible for a portion of the fault and, therefore, they are not required to compensate 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 liable for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to avoid their duty to reimburse you for the harm they have caused. Your Jackson, MO defective products lawyer at Burger Law sees through that. According to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are present in your case:

• 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 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 happening.
• 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 entirely avoid liability but can considerably diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle 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 theory in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
• You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. 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. 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 would have been avoided had you obeyed proper protocols.
• You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the financial recovery 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 vendor can — and will — try to convince the court that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies use numerous tricks to try and minimize your claim, but your Jackson, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations will try everything to avoid paying you and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you get, and you owe us nothing until we win your case. Reach out to Burger Law right away at (314) 500-HURT for legal representation that rivals and surpasses that of bullying manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Jackson, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Jackson, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. 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 faulty car components we see are:

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

Offroad 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 Jackson, MO

We need medical devices to enhance and extend our lives. 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 Jackson, MO has seen cause further injuries to patients are:

• Artificial joints that can result in infections, limited mobility, pain or frequent dislocations
• Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
• Surgical robots intended to operate on hard to reach areas which, when faulty, can result in pierced organs, infections and internal burns
• Blood clot filters that permit dislodged blood clots to travel up to the lungs
• Permanent birth control devices that can perforate organs, result in pain in the pelvic region, excessive bleeding and unwanted pregnancies

As the medical industry keeps implementing new technologies, the numbers of recalls issued for medical devices has skyrocketed. In the first quarter 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 reported that in the course of a decade Medicare had to spend at least $1.5 billion to replace over 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of easing it. If a faulty medical device ended up aggravating your condition, your Jackson, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive 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. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused incredible pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 Jackson, MO

The Federal Drug Administration has firm protocols for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. With no absolute third-party testing many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies 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 Jackson, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or a family member had your condition deteriorate because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer immediately. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from this world too soon.

Other common defective products we file suit for in Jackson, 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 Jackson, MO knows that being injured by a dangerous product can completely disrupt your life. That is why we strive to see the injured in Jackson and throughout Missouri collect fair compensation 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 delivering you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Jackson, 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 Jackson, MO today at (314) 500-HURT or contact us online to take the first step toward true healing.