Defective Products Lawyer in Lamar, MO.

Defective Products Lawyer in Lamar, MO. If you or a loved one was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Lamar, MO now at (314) 500-HURT or fill out our online form for a free consultation.

Picture what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit by a computer or work around machines, and/or use your android on and off throughout the day. You may drive go-carts 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 technology that has gone through various stages of design and production before it reaches the shelves. When there is a breakdown in the stream of commerce and a product becomes hazardous, it can have a disastrous effect on Lamar, MO individuals and families. If tragedy struck you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and get you the maximum financial recovery you deserve.

In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Lamar 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 Lamar, MO today at (314) 500-HURT.

If you were hurt by a faulty product in Lamar, MO, discover 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 Lamar, 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 Lamar, MO?

The Consumer Product Safety Commission states that dangerous products result in over 29 million injuries and 21,000 fatalities annually.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme destruction 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 Lamar, MO for compassionate, devoted and experienced support and legal counsel.

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

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

1. The corporation was part of the product's stream of commerce.
2. The product was used in a way rationally foreseen.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably hazardous when it left the manufacturer's or seller's that caused you direct harm, 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 "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to sale, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the lawsuit if:

• The manufacturer is known, has not closed their business and can afford to reimburse you for the entirety of your injuries.
• The entity that sold it signs an affidavit under threat of perjury that their only involvement in the process was selling it.
• There is no evidence is presented to the court that the distributor was involved in any other aspect of the stream of commerce.
• The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the aforementioned conditions are fulfilled, 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 shows that they were actually involved in the design or manufacture of the product, were otherwise at fault for the dangerous condition or the manufacturer is unable to pay for all of your injuries, 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 responsible.

Missouri Revised Statute §537.764 has an exception 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 product liability claims, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury suits in Lamar, MO are won or lost based on the concept of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, doctors must treat their Lamar, MO patients with a standard of care. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or defective products claims are strict liability claims, meaning that a designer, manufacturer or vendor is responsible 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 Lamar, 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 you acquired it.

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 afterwards passes the flaw to all products with the same design. An example is an improperly designed safeguard on a power tool.
2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous 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 bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
3. Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise 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 generally does not have to warn against obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement thorough safety protocols for guaranteeing the safety of their products. However, too often corporations do not value our safety and try to focus more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Lamar, MO will hold them responsible by conducting a full investigation of your case and insisting on only the best possible compensation.

Comparative Negligence in Defective Productions Claims in Lamar, MO

An oft-used defense for manufacturers in a product liability case is that you are to blame for all or a percentage of your damages. 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 your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to get out their obligation to pay you for the harm they have caused. Your Lamar, 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 seller 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. 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 use of the product.
• You used the product in a manner 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 reduce it but can significantly reduce 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 knew of inherent risks of the product while you were using it. 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 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You failed to follow safety guidelines. 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 obeyed proper protocols.
• You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. 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 distributor can — and will — try to convince the court that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies use numerous dishonest ruses to try and lower your claim, but your Lamar, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you get, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law right away at (314) 500-HURT for legal counsel that matches and exceeds that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Lamar, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Lamar, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common faulty automobile parts we see are:

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

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 Lamar, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Lamar, MO has seen cause further complications for patients are:

• Artificial hips, knees or other joints that can lead to infections, limited mobility, pain or frequent dislocations
• Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as expected
• Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can result in pierced organs, infections and electrical burns
• Blood clot filters that permit dislodged blood clots to invade the lungs
• Permanent birth control devices that can puncture organs, result in pelvic pain, excessive bleeding and unintended pregnancies

As the medical industry keeps inventing more and more advanced technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the major cause.

In 2017, the U.S. Health and Human Services Department announced that throughout a decade Medicare paid out at least $1.5 billion to replace more than 73,000 flawed heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of improving our lives. If a faulty medical device caused you damages, your Lamar, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused incredible pain and lifelong damage to potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was made aware of the defect 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 the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Lamar, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must adhere to from manufacturing to sale. 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. With no absolute independent testing many prescriptions reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations 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 Lamar, 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 taken off the national market each year, and many of them have already been widely ingested and used. If you or a family member sustained injuries because of careless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer now. We fight hard to see justice served by winning you compensation and holding negligent corporations liable. 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 common dangerous products we collect compensation for our clients for in Lamar, MO include:

• Children's toys
• Chemicals such as cleaning products
• Baby powder
• Household appliances
• Industrial machinery
• Cell phone batteries
• Cosmetic products

Every Burger Law defective products lawyer in Lamar, MO knows that being injured 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 Lamar and throughout Missouri receive great 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 wining 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 Lamar, 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 Lamar, MO today at (314) 500-HURT or contact us online to start on your journey to a true recovery.