Defective Products Lawyer in Kennet, MO.

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

Imagine what you do every day: 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 heavy equipment, and/or use your cell phone on and off throughout the day. You may go 4-wheeling on your free days. You may even have a knee replacement or other medical device. 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 shelves. When there is a mistake in that process and a product becomes hazardous, it can cause serious injuries to you and your Kennet, MO family. When that happens to you, you need the skilled and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and secure you the great financial recovery you deserve.

In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have secured our clients in Kennet and throughout Missouri over $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 Kennet, MO right away at (314) 500-HURT.

If you were hurt by a dangerous product in Kennet, MO, see the true value of your case by filling out our complimentary personal injury calculator.



Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Kennet, 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?

Kennet, MO Defective Products Statistics

The Consumer Product Safety Commission has found that dangerous products cause in excess of 29 million injuries and 21,000 deaths annually.

Based on facts from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous 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 devastation 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 dangerous product, call a Burger Law defective products lawyer in Kennet, MO for passionate, devoted and talented support and legal counsel.

What is the Process for Defective Products Claims in Kennet, MO?

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

1. The corporation was part of the product's stream of commerce.
2. You used the product in a way easily expected.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably hazardous 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 "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the claim if:

• The manufacturer is known, still does business and is financially capable of paying you for all of your damages.
• The vendor signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
• No other party in the case presents evidence that the seller was involved in any other facet of the stream of commerce.
• The motion to dismiss is filed within 60 days.

If those conditions are met, the distributor 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 design and manufacture of the product than they implied, were otherwise responsible for the defect or the manufacturer cannot pay for the entirety 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 accountable.

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 was introduced to the public. This defense is only applicable to for failure to warn product liability cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in Kennet, MO are decided by the idea of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that duty, for instance if sustain an injury because you were hit by a distracted driver they may be found liable for your damages and would owe you a financial recovery.

However, most product liability or dangerous products claims are strict liability claims, meaning that anyone in the chain of distribution is responsible for any injuries a product causes, 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 Kennet, 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 affects all products with the same design. 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 only make one product faulty, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. An example could be installing outdated components or leaving sharp edges on plastic or other materials.
3. Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about innate dangers. 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 generally 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 intended to incentivize corporations to implement comprehensive safety procedures for verifying the safety of their products. Even so, too often companies are negligent and concentrate more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Kennet, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Kennet, MO

A common defense for manufacturers in a product liability claim is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or seller to posit that you share a portion of your injuries and, therefore, they are not liable 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 disingenuous attempt an entity involved in the chain of distribution makes to avoid their obligation to pay you for the harm they have caused. Your Kennet, 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 fault if the following situations apply:

• You did not use the product in a way the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. On the other hand, if you put wheels on a chair and are injured racing it down the street, 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 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 significantly decrease it. Suppose 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 called as "Assumption of the risk," a principle 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 injured doing such a thing.
• You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce 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 adhered to proper protocols.
• You did not try to keep your damages to a minimum. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 — assert that comparative negligence applies to your claim, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ a lot of dishonest ruses to try and minimize your claim, but your Kennet, 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 unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you get, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law immediately at (314) 500-HURT for legal counsel that parallels and exceeds that of resistant manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Kennet, MO

Our defective products lawyer team sees in Kennet, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous motor vehicle parts we see are:

• Brakes
• Airbags
• Ignitions
• Electrical systems
• Wheels
• Seats
• Headlights and taillights

Offroad 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 Kennet, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Kennet, MO has seen be defective are:

• Artificial joints that can lead to infections, limited mobility, pain or repeated 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 malfunction, can lead to pierced organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can puncture organs, lead to pain in the pelvic region, excessive blood loss and unintended pregnancies

As the medical industry keeps inventing more and more advanced technologies, the numbers of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the foremost cause.

In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare paid out at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a defective medical device ended up worsening your condition, your Kennet, 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 unneeded pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Kennet, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must obey 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 independent testing many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Kennet, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.

Four thousand five hundred medications and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love received injuries because of irresponsible pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer as soon as possible. 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 won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other common defective products we file suit for in Kennet, 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 Kennet, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we strive to see the vulnerable in Kennet and throughout Missouri recover 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 immediately start working on delivering you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical toll your injury has inflicted on you and your Kennet, 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 Kennet, MO immediately at (314) 500-HURT or contact us online to start on the path to true healing.