Defective Products Lawyer in Macon, MO.

Defective Products Lawyer in Macon, MO. If you or a loved one was hurt by a dangerous product, call a Burger law defective products lawyer in Macon, 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 put on some lotion or hair gel in the morning, take allergy medication, 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 use lawnmowers on the weekend. You may even have a pacemaker 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 market. When there is a mistake in that process and a product becomes defective, it can have a ruinous impact on Macon, MO individuals and families. When that happens to you, you need the expert and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and win you the maximum financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have secured our clients in Macon and throughout Missouri in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Macon, MO immediately at (314) 500-HURT.

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



The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Macon, 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 Macon, MO?

The Consumer Product Safety Commission has found that defective products cause in excess of 29 million injuries and 21,000 fatalities each year.

According to statistics from the Insurance Information Institute, in 2019 the mean average that people injured by faulty 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 harm that can be caused when manufacturers and vendors do not adhere to the rules.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Macon, MO for empathetic, committed and experienced support and legal advocacy.

How Defective Products Claims Work in Macon, MO

According to Missouri Revised Statute §537.760, you and your Macon, MO defective products lawyer can make a "strict liability" claim if three conditions are met:

1. The person was involved in the product's design, manufacture, distribution and sale.
2. The product was used in a way rationally foreseen.
3. Either or both of the following conditions:
   1. The product had a faulty condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, 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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to sale, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the claim if:

• You discover who the manufacturer is, it still does business and can afford to compensate you for all of your injuries.
• The distributor signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
• There is no evidence is presented to the court that the distributor was involved in any other part of the chain of distribution.
• The motion to dismiss is filed within 60 days.

If those conditions are satisfied, 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 had a larger role in the design and manufacture of the product than they led on, were otherwise to blame for the hazardous condition or the manufacturer cannot reimburse you for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation that they owe you.

Missouri Revised Statute §537.764 provides one defense 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 went to market. This defense will only work for for failure to warn product liability cases, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury claims in Macon, MO depend on the concept of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, Macon, MO dog owners must always have control of their dog. When someone is negligent, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found accountable for your damages and would owe you compensation.

By contrast, most product liability or hazardous products claims are strict liability claims, meaning that anyone in the chain of distribution is to blame 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 Macon, 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 it came into your possession.

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 flaw in the design that subsequently passes the fault to 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 mistakes in the manufacturing process. This can either only make one product defective, 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 not properly fastening components to each other.
3. Insufficient Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically 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 thorough safety procedures for guaranteeing the safety of their products. Even so, too often corporations are negligent 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 Macon, MO will fight by your side and insist on only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Macon, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the concept of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to argue that you are liable for 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 at fault for the accident, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to eschew their duty to pay you for the damage their product did to you. Your Macon, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:

• 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. By contrast, if you use a loaded shotgun to prop a door open and it misfires, 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 way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably diminish it but can considerably decrease 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 knew of inherent hazards of the product while you were using it. This is often called as "Assumption of the risk," a theory in tort claims wherein, 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
• 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 highly corrosive materials and neglected to wear protection for your eyes or gloves, 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 ethically bound 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 people in the chain of distribution 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. Powerful corporations and insurance companies use numerous dishonest ruses to try and devalue your claim, but your Macon, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations are unfair and try to take advantage of people who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you receive, and you do not pay us anything until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal advocacy that rivals and eclipses that of resistant manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Macon, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Macon, MO. 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 drivers and passengers from harm as intended. Common defective automobile parts we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Tires
• Seats
• Engine cooling fan blades

Offroad vehicles like ATVs 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 Macon, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further injuries when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Macon, MO has seen be defective are:

• Artificial hips, knees or other joints that can lead to infections, limited mobility, pain or frequent dislocations
• Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
• Surgical robots designed to operate on hard to reach areas which, when faulty, can lead to punctured organs, infections and internal 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 blood loss and unwanted pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, mostly owing to defects in software.

In 2017, the U.S. Health and Human Services Department announced that over the span of 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of improving our lives. If a flawed medical device ended up worsening your condition, your Macon, 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. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 people 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 continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Macon, MO

The Federal Drug Administration has firm procedures for the testing, labeling, packaging and shipping of prescription drugs. 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 who need medicine and treatments that truly help their condition. 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 Macon, MO to stand up to these bullying corporations and let them know that their behavior is intolerable.

Hundreds of thousands of medications and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or a loved one sustained injuries because of careless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by winning you compensation and holding negligent corporations accountable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other examples of dangerous products we see in Macon, 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 Macon, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we endeavor to see the vulnerable in Macon and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on delivering 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 Macon, 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 Macon, MO today at (314) 500-HURT or contact us online to start on the path to being made whole again.