Defective Products Lawyer in Joplin, MO.

Defective Products Lawyer in Joplin, MO. If you or a loved one was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Joplin, 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 make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your car, sit by a computer or work around technology, and/or use your iPhone throughout the day. You may drive go-carts on your days off. 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 at one point was designed, manufactured, packaged and bought. When there is an error in the chain of distribution and a product becomes dangerous, it can have a disastrous impact on Joplin, MO individuals and families. If tragedy struck you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the maximum compensation you deserve.

In our In our 30 years of experience standing up for fairness and justice, we have secured our clients in Joplin and throughout Missouri over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Joplin, MO immediately at (314) 500-HURT.

If you were injured by a faulty product in Joplin, MO, discover how much your claim may be worth by using our free personal injury calculator.



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

Joplin, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that faulty products result in over 29 million injuries and 21,000 deaths each year.

According to facts 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 devastation that can be caused when manufacturers and distributors do not obey adequate safety protocols.

If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Joplin, MO for passionate, committed and experienced support and legal advocacy.

How Defective Products Claims Work in Joplin, MO

Pursuant to Missouri Revised Statute §537.760, you and your Joplin, MO defective products lawyer can can hold a person or corporation liable for your damages if three conditions are true:

1. The company was part of the product's stream of commerce.
2. You used the product in a manner rationally expected.
3. One or both of the following:
   1. The product was in a faulty condition that was unreasonably hazardous when it left the manufacturer's or distributor's and your injuries are a direct result of that defect, and/or
   2. Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to purchase, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the vendor or distributor of the product may be dismissed from the suit if:

• You discover who the manufacturer is, it has not closed their business and can afford to reimburse you for the entirety of your injuries.
• The vendor makes an affidavit under oath that their only involvement in the stream of commerce was selling it.
• No other party in the case submits evidence that the seller took part 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 the aforementioned conditions are satisfied, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. 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 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 provides one defense for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense is only valid for failure to warn defective products lawsuits, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury suits in Joplin, MO depend on the idea of negligence. We all have an responsibility 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 fails in that responsibility, for example if are injured by a fatigued truck driver they can be held liable for your damages and would have to pay you compensation.

However, most product liability or defective products claims come down to strict liability, meaning that anyone in the chain of distribution is to blame 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 Joplin, 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 defect in the design that subsequently affects all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes 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 hazardous chemicals. An example could be incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about inherent dangers. 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. The company that makes a product generally does not have to warn against dangers that a reasonable person would foresee. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to incentivize corporations to implement thorough safety protocols for ensuring the safety of their products. However, too often companies do not value our safety and concentrate more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Joplin, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but complete compensation.

Comparative Negligence in Defective Productions Claims in Joplin, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for the manufacturer or vendor 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 to blame for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to get out their responsibility to reimburse you for the harm they have caused. Your Joplin, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative negligence if the following situations apply:

• You did not use the product in a way 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. By contrast, 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 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, the defendant will likely not be able to avoid liability altogether, but can significantly diminish it but can significantly lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. A pharmaceutical company could reasonably see 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 principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 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 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 labeling can often protect someone in the stream of commerce 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 followed recommended safety measures.
• You did not mitigate your damages. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. The defense may say they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.

Just because people in the chain of distribution can — and will — assert 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 myriad dishonest ruses to try and devalue your claim, but your Joplin, MO defective products lawyer at Burger Law knows how to effectively counterattack. 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 collect a moderate percentage of the compensation you receive, and you do not pay us anything until we win your case. Get in touch with Burger Law right away at (314) 500-HURT for legal counsel that parallels and exceeds that of bullying manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Joplin, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Joplin, MO. In 2019 alone, in excess of 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 faulty car components we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wiring
• Tires
• Steering systems
• Engine cooling fan blades

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

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Joplin, MO has seen be defective are:

• Artificial hips, knees or other joints that can lead to infections, instability, pain or repeated dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Robotic surgical assistants designed to operate on hard to reach areas which, when they do not work properly, 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 devices that can perforate organs, lead to pelvic pain, excessive blood loss and unintended pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the number one factor.

In 2017, the U.S. Health and Human Services Department announced that throughout 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 defective heart 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 flawed medical device ended up worsening your condition, your Joplin, 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 unnecessary pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements deteriorate too quickly and have caused unimaginable pain and permanent damage to possibly as many as 150,000 people who had received the replacement joint. When Burger Law was retained 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 our original complaint here:

View Complaint

Defective Drug Lawyer in Joplin, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must follow from manufacturing to delivery. 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 medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Joplin, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Hundreds of thousands of medications 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 care about received injuries because of reckless pharmaceutical companies and corporations, reach out to 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 they have caused. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

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

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

Every Burger Law defective products lawyer in Joplin, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we have dedicated our careers to seeing the vulnerable in Joplin 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 do not hesitate to start working on delivering you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical hardships your injury has taken on you and your Joplin, 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 Joplin, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.