Defective Products Lawyer in Lincoln County, MO.

Defective Products Lawyer in Lincoln County, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Lincoln County, MO immediately at (314) 500-HURT or fill out our online form for a free consultation.

Think of 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 on a bus, sit at in a chair or work around machines, and/or use your cell phone on and off throughout the day. You may drive go-carts on the weekend. You may even have a knee 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 market. When there is an error in the stream of commerce and a product becomes defective, it can cause serious harm to you and your Lincoln County, MO family. When that happens to you, you need the expert and committed legal representation of Burger Law's defective products lawyer team to stand by your side and get you the full financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have gotten our clients in Lincoln County and beyond more than $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 Lincoln County, MO now at (314) 500-HURT.

If you were injured by a dangerous product in Lincoln County, MO, learn the true value of your claim by utilizing our complimentary personal injury calculator.



The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Lincoln County, 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?

Lincoln County, MO Defective Products Statistics

The Consumer Product Safety Commission has found that dangerous products account for more than 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 extreme devastation an unsafe product can cause.

If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Lincoln County, MO for empathetic, dedicated and talented support and legal representation.

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

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

1. The corporation was involved in the product's chain of distribution.
2. The product was used in a manner rationally anticipated.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably hazardous when you bought the product and your injuries are a direct result of that defect, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product can avoid liability if:

• The manufacturer is known, still exists and is financially capable of compensating you for the entirety of your injuries.
• The seller 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 part of the chain of distribution.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If those conditions are met, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they led on, were otherwise responsible for the dangerous condition or the manufacturer is unable to pay for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every liable party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be entirely understood before use by the public. This defense is only valid for inadequate warning defective products claims, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury suits in Lincoln County, MO are determined by the concept of negligence. We all have an responsibility to each other's safety in certain situations; for example, doctors must treat their Lincoln County, MO patients with a standard of care. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they can be found accountable for your damages and would owe you a financial recovery.

By contrast, most product liability or dangerous products cases are determined by strict liability, meaning that anyone in the chain of distribution is at fault for any injuries that results the reasonable use of a product, 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 Lincoln County, 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 defect 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 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 leaving sharp edges on plastic or other materials.
3. Inadequate Warnings and Instructions: 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 risks. 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 dangers that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to incentivize corporations to implement comprehensive 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 concentrate more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Lincoln County, 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 Lincoln County, MO

A common defense for manufacturers in a defective products case is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to argue that you share 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 responsible for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt an entity involved in the chain of distribution makes to eschew their obligation to reimburse you for the harm they have caused. Your Lincoln County, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances apply:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller 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 use a loaded gun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
• You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly diminish it but can considerably decrease 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 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 taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
• 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You did not follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution 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 failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the financial recovery you are owed. 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 people in the stream of commerce can — and will — argue that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies employ numerous deceitful tactics to try and minimize your claim, but your Lincoln County, MO defective products lawyer at Burger Law knows how to fight back against them. 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 receive, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal counsel that parallels and surpasses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Lincoln County, MO

Our defective products lawyer team sees in Lincoln County, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause crashes and fires, and fail to protect occupants from harm as intended. Common dangerous motor vehicle components 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 Lincoln County, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Lincoln County, MO has seen cause further complications for patients include:

• Artificial joints that can lead to infections, instability, pain or recurring dislocations
• Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as anticipated
• Surgical robots intended to operate on hard to reach areas which, when they do not work properly, can lead to punctured organs, infections and electrical burns
• Blood clot filters that allow free-floating blood clots to travel up to the lungs
• Permanent birth control devices that can puncture organs, cause pelvic pain, excessive bleeding and unwanted pregnancies

As the medical industry keeps implementing new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 flawed cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Lincoln County, 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 unnecessary pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who had the replacement joint implanted. When Burger Law was contacted 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 view the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Lincoln County, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must follow 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. That means that many medications 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, 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 Lincoln County, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Hundreds of thousands of 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 a family member had your condition worsen because of reckless pharmaceutical companies and corporations, contact 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 won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other examples of dangerous products we see in Lincoln County, 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 Lincoln County, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we have committed our careers to seeing the injured in Lincoln County and throughout Missouri get full compensation 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 bills and lost wages, in addition to the mental and physical toll your injury has taken on you and your Lincoln County, 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 Lincoln County, MO today at (314) 500-HURT or contact us online to start on your journey to being made whole again.