Defective Products Lawyer in Lee's Summit, MO.

Defective Products Lawyer in Lee's Summit, MO. If you or someone you care about was injured by a dangerous product, call a Burger law defective products lawyer in Lee's Summit, MO now at (314) 500-HURT or fill out our online form for a free case evaluation.

Picture what you do every day: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around technology, and/or use your android at various times during the day. You may go 4-wheeling on the weekend. You may even have a prosthetic limb or other medical device. 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 buyer. When there is a mistake in the stream of commerce and a product becomes defective, it can cause serious injuries to you and your Lee's Summit, MO family. When that happens to you, you need the skilled and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the maximum compensation you are owed.

In our In our 30 years of experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Lee's Summit and throughout Missouri over $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Lee's Summit, MO right away at (314) 500-HURT.

If you were harmed by a dangerous product in Lee's Summit, MO, discover the true value of your case by using our complimentary personal injury calculator.



Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Lee's Summit, 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?

Lee's Summit, MO Defective Products Statistics

The Consumer Product Safety Commission states that dangerous products account for more than 29 million injuries and 21,000 fatalities every year.

Based on 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 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 Lee's Summit, MO for compassionate, devoted and knowledgeable support and legal counsel.

What is the Process for Defective Products Claims in Lee's Summit, MO?

Under Missouri Revised Statute §537.760, you and your Lee's Summit, MO defective products lawyer can can hold a person or company liable for your injuries if three factors are true:

1. The person was involved in the product's design, manufacture, distribution and sale.
2. You used the product in a manner rationally expected.
3. Either or both of the following conditions:
   1. The product was in a faulty condition that was unreasonably dangerous when you bought the product and your injuries are a direct result of that defect, and/or
   2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" 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, 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 case if:

• You discover who the manufacturer is, it still does business and can afford to pay for the entirety of your injuries.
• The distributor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
• No other party in the case puts forward evidence that the distributor was involved in any other aspect of the stream of commerce.
• The dismissal is requested to the court within 60 days.

If the above conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise responsible for the fault 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 you get the great financial recovery you are owed.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be entirely understood before use by the public. This defense is only applicable to for failure to warn defective products cases, 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 lawsuits in Lee's Summit, MO are decided by the concept of negligence. We all owe each other a duty of care in certain situations; for example, Lee's Summit, MO dog owners must always have control of their dog. When someone fails in that responsibility, for example if if there a loose floor boards at a restaurant that cause you to fall they may be found liable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or dangerous products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable 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 Lee's Summit, 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 inherent flaw in the design that subsequently passes the fault to all of that product model that go on to be manufactured. 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 dangerous because of a failure in the manufacturing process. This can either only make one product dangerous, 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 not properly fastening components to each other.
3. Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about innate dangers. 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. A manufacturer generally does not have to warn against obvious risks. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to encourage corporations to implement thorough safety protocols for verifying that their products will not put the people who use it at risk. However, too often corporations do not value our safety and spend more energy on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Lee's Summit, MO will hold them responsible by conducting a full investigation of your case and insisting on only complete compensation.

Comparative Negligence in Defective Productions Claims in Lee's Summit, MO

An oft-used defense for manufacturers in a dangerous product claim is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to posit that you are responsible for a portion of your damages 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 the accident, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to get out their responsibility to pay you for the damage their product did to you. Your Lee's Summit, 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 manner the manufacturer could foresee. A manufacturer or vendor 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. By contrast, 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 reasonably 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 totally avoid fault but can significantly reduce 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 knew of inherent risks of the product while you were using it. This is often called as "Assumption of the risk," a concept in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
• 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 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 recommended precautions.
• You did not mitigate your damages. In any personal injury claim, you have a duty 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 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 stream of commerce can — and will — try to convince the court that comparative fault applies to your lawsuit, that does not mean the claim is automatically true. Large corporations and insurance companies implement a variety of dishonest ruses to try and devalue your claim, but your Lee's Summit, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair and try to take advantage of people who have never had to make an injury claim before. 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 do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law immediately at (314) 500-HURT for legal counsel that rivals and eclipses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Lee's Summit, MO

Our defective products lawyer team sees in Lee's Summit, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous motor vehicle components we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Tires
• Steering systems
• Engine cooling fan blades

Offroad vehicles like 4-wheelers can also cause damage, 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 Lee's Summit, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Lee's Summit, MO has seen be defective are:

• Artificial joints that can lead to infections, instability, pain or frequent dislocations
• Pacemakers, which can lead to infections or even wrongful death when they do not last as long as anticipated
• Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in perforated organs, infections and internal burns
• Blood clot filters that permit free-floating blood clots to invade the lungs
• Permanent birth control implements that can perforate organs, lead to pelvic pain, abnormal bleeding and unwanted pregnancies

As the medical industry keeps implementing new technologies, medical device recalls have increased exponentially. 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 reported that over the span of a decade Medicare spent at least $1.5 billion to replace more than 73,000 faulty heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a faulty medical device caused you damages, your Lee's Summit, 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 unneeded pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to degrade too quickly and have caused unimaginable pain and permanent damage to potentially 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 are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint here:

View Complaint

Defective Drug Lawyer in Lee's Summit, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must obey from manufacturing to sale. 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 drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations 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 Lee's Summit, MO to stand up to these bullying corporations and let them know that their conduct is intolerable.

Four thousand five hundred drugs 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 loved one received injuries because of careless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by winning you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from this world too soon.

Other common dangerous products we see in Lee's Summit, 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 Lee's Summit, MO knows that being hurt by a faulty product can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Lee's Summit 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 immediately start working on securing you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Lee's Summit, 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 Lee's Summit, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.