Defective Products Lawyer in Marshfield, MO.

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

Picture 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 in your vehicle, sit at in a chair or work around machines, and/or use your cell phone at various times during the day. You may use lawnmowers on the weekend. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of product that had to be engineered, produced, packaged and bought. When there is a breakdown in the stream of commerce and a product becomes hazardous, it can have a catastrophic impact on on your life and lives of those you love in Marshfield, MO. If tragedy struck you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to stand in your corner and win you the full compensation you are owed.

In our three decades of negotiation, litigation and trial experience, we have gotten our clients in Marshfield and throughout Missouri in excess of $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Marshfield, MO today at (314) 500-HURT.

If you were injured by a faulty product in Marshfield, MO, see the true value of your case by filling out our complimentary personal injury calculator.



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

Marshfield, MO Defective Products Statistics

The Consumer Product Safety Commission has found that faulty products result in in excess of 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 harm an unsafe product can cause.

If you or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in Marshfield, MO for passionate, committed and experienced support and legal representation.

How Defective Products Claims Work in Marshfield, MO

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

1. The defendant was part of the product's chain of distribution.
2. You used the product in a way logically anticipated.
3. Either or both of the following conditions:
   1. The product had a faulty condition that was unreasonably dangerous when the product was sold that was the proximate cause of your injuries, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "chain of distribution" refers to anyone involved in the product from initial conception to sale, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can avoid liability if:

• The manufacturer is known, has not closed their business and is able to compensate you for the entirety of your damages.
• The entity that sold it makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
• There is no evidence is submitted to the court that the vendor was involved in any other aspect of the design and manufacturing process.
• The motion to dismiss is filed within 60 days.

If the aforementioned conditions are fulfilled, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise at fault for the defect or the manufacturer cannot reimburse you for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every to-blame party is held accountable.

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 hit the shelves. This defense is only applicable to 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.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury claims in Marshfield, MO are based on the conception of negligence. We all have an responsibility to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found liable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or hazardous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is responsible for any damage that stems from 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 Marshfield, 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 inherent imperfection in the design that afterwards affects all products with the same design. An example is an electrical appliance that can overheat and cause fires.
2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure 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 a swing set with a cracked chain.
3. Inadequate Warnings and Instructions: 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 danger 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product 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 meant to hold corporations accountable and persuade them to implement comprehensive safety procedures for guaranteeing that their products will not pose a danger to the public. However, too often companies are negligent and spend more energy on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Marshfield, MO will fight by your side and insist on nothing but the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Marshfield, MO

A common defense for manufacturers in a product liability lawsuit is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce to posit that you share a portion of your damages 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 responsible for the accident, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt an entity involved in the stream of commerce makes to avoid their responsibility to pay you for the damage their product did to you. Your Marshfield, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:

• You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. 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 use of the product.
• You used the product in a manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to totally avoid fault but can significantly diminish 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 hazards of the product while you were using it. This is often referred to 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 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 say that any reasonable person would have known that they could be seriously injured doing such a thing.
• You failed to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. 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 recommended precautions.
• You did not 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 seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the chain of distribution can — and will — try to convince the court that comparative negligence applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use a lot of tricks to try and lower your claim, but your Marshfield, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations 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 immediately at (314) 500-HURT for legal advocacy that parallels and surpasses that of resistant manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Marshfield, MO

Our defective products lawyer team sees in Marshfield, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. In 2019 alone, in excess of 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 work as they should. Common defective automobile components we see are:

• Brakes
• Airbags
• Ignitions
• Electrical systems
• Wheels
• Seats
• Accelerators

Offroad vehicles like ATVs can also cause injuries, 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 Marshfield, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us even more complications when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Marshfield, MO has seen be defective are:

• Artificial hips, knees or other joints that can lead to infections, instability, pain or repeated dislocations
• Pacemakers, which can lead to infections or even wrongful death because of premature failures
• Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can lead to pierced organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can pierce organs, cause pain in the pelvic region, excessive bleeding and unwanted pregnancies

As the medical industry becomes more high-tech, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the major factor.

In 2017, the U.S. Health and Human Services Department found that throughout a decade Medicare spent at least $1.5 billion to replace more than 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 defective medical device ended up worsening your condition, your Marshfield, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you receive a full financial recovery for all of the unneeded pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 Marshfield, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must follow 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. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than the safety of the people who need medicine and treatments that are truly effective. 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 Marshfield, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you care about sustained injuries because of irresponsible pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer as soon as possible. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from their family too soon.

Other examples of defective products we see in Marshfield, 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 Marshfield, MO knows that being harmed by a dangerous product can completely upend your life. That is why we endeavor to see the vulnerable in Marshfield 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 do not hesitate to start working on wining you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Marshfield, 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 Marshfield, MO immediately at (314) 500-HURT or contact us online to take the first step toward true healing.