Defective Products Lawyer in Kirksville, MO.

Defective Products Lawyer in Kirksville, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Kirksville, MO today at (314) 500-HURT or fill out our online form for a complimentary case review.

Think of your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around heavy machinery, and/or use your cell phone at various times during the day. You may drive go-carts on your free days. You may even have a joint replacement 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 have a devastating impact on Kirksville, MO individuals and families. When that happens to you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to stand by your side and deliver you the maximum compensation you deserve.

In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Kirksville and throughout Missouri in excess of $170 million. Our initial case evaluations 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 Kirksville, MO today at (314) 500-HURT.

If you were hurt by a defective product in Kirksville, MO, find out the true value of your claim by using our free personal injury calculator.



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

The Consumer Product Safety Commission estimates that hazardous products are responsible for over 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 speaks to the unbelievable ruin an unsafe product can cause.

If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Kirksville, MO for compassionate, dedicated and experienced support and legal representation.

How Defective Products Claims Work in Kirksville, MO

Under Missouri Revised Statute §537.760, you and your Kirksville, MO defective products lawyer can can hold a person or corporation responsible for your damages if three factors are met:

1. The company was part of the product's stream of commerce.
2. The product was used in a way logically foreseen.
3. One or both of the following:
   1. The product had a faulty condition that was unreasonably hazardous when it left the manufacturer's or seller's and your injuries are a direct result of that defect, and/or
   2. You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it may be dismissed from the lawsuit if:

• You discover who the manufacturer is, it has not closed their business and is financially capable of paying you for all of your damages.
• The seller makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
• There is no evidence is brought in front of the court that the vendor took part in any other part 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 met, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise to blame for the fault or the manufacturer is unable to compensate you for the entirety 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 you get the great compensation that they owe you.

Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense is only valid for failure to warn defective products cases, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

The majority of personal injury suits in Kirksville, MO are decided by the conception of negligence. We all have an obligation to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Kirksville, MO roads. When someone is negligent, for instance if are injured by a fatigued truck driver they may be found accountable for your damages and would owe you compensation.

By contrast, most product liability or defective products claims are strict liability claims, meaning that a designer, manufacturer or vendor is liable for any damage 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 Kirksville, 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 fault in the design that subsequently passes the fault to 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: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either affect only one product, 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 incorrectly installing wires or electrical components 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 hazardous 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 failing to warn that a hairdryer might cause an electric shock if it comes in contact with water 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 match could start a fire.

Strict liability is meant to incentivize corporations to implement comprehensive safety protocols for guaranteeing that their products will not pose a danger to the public. However, too often companies are negligent and try to focus more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Kirksville, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but full compensation.

Comparative Negligence in Defective Productions Claims in Kirksville, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the defendants to posit that you share a portion of your injuries and, therefore, they do not have to pay you 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, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the stream of commerce makes to get out their responsibility to pay you for the damage their product did to you. Your Kirksville, 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 responsible for ensuring the product is safe for reasonable or predictable use. 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. 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 be expected to foresee that happening.
• You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid fault but can considerably reduce 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 theory in tort claims wherein, if the injured party was aware of risks, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You did not take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 are your fault because you had not adhered to proper protocols.
• You failed to mitigate your damages. In any personal injury claim, you are expected to try to lessen the financial recovery you are owed. For example, you cannot seek unnecessary medical treatment. 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 the defense can — and will — argue that comparative negligence applies to your lawsuit, that does not mean the claim is automatically true. Large corporations and insurance companies employ a variety of tricks to try and minimize your claim, but your Kirksville, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense 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 our only fee is a moderate percentage of the financial recovery you collect, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal advocacy that rivals and exceeds that of resistant manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Kirksville, MO

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

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Tires
• Seats
• Headlights and taillights

Offroad vehicles like ATVs can also cause harm, 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 Kirksville, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us further complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Kirksville, MO has seen cause further complications for patients include:

• Artificial joints that can cause infections, limited mobility, chronic soreness or repeated dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can cause punctured organs, infections and electrical burns
• Blood clot filters that permit dislodged blood clots to travel up to the lungs
• Permanent birth control implements that can pierce organs, result in pain in the pelvic region, abnormal blood loss and unintended pregnancies

As the medical industry keeps coming up with more and more advanced technologies, the amount of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, mostly due to issues with software.

In 2017, the U.S. Health and Human Services Department stated that over 10 years Medicare spent at least $1.5 billion to replace over 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of helping us. If a faulty medical device caused you damages, your Kirksville, 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.

In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements degrade too quickly and have caused unthinkable pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was contacted 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 our original complaint here:

View Complaint

Defective Drug Lawyer in Kirksville, MO

The Federal Drug Administration has stringent 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. That means that 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 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 Kirksville, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Four thousand five hundred drugs and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or a family member sustained injuries because of reckless pharmaceutical companies and manufacturers, reach out to 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 held opioid manufacturers accountable when their actions have taken someone from this world too soon.

Other examples of dangerous products we file suit for in Kirksville, 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 Kirksville, MO knows that being harmed by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Kirksville and throughout Missouri be compensated 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 getting you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical toll your injury has taken on you and your Kirksville, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Kirksville, MO now at (314) 500-HURT or contact us online to start on your journey to a true recovery.