Defective Products Lawyer in Moberly, MO.

Defective Products Lawyer in Moberly, MO. If you or someone you care about sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Moberly, MO now at (314) 500-HURT or fill out our online form for a free case review.

Picture your daily routine: 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 on and off throughout the day. You may go 4-wheeling on your days off. You may even have a joint replacement or other medical device. 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 that process and a product becomes hazardous, it can have a ruinous impact on Moberly, MO individuals and families. When that happens to you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the best possible financial recovery you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have delivered our clients in Moberly and beyond over $170 million. Talking to us is free, so there's no reason not to reach out. Get in touch with a defective products lawyer in Moberly, MO today at (314) 500-HURT.

If you were harmed by a dangerous product in Moberly, MO, discover how much your claim may be worth by utilizing our complimentary personal injury calculator.



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

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

According to facts 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 shows the incredible harm an unsafe product can cause.

If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Moberly, MO for understanding, dedicated and talented support and legal advocacy.

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

Pursuant to Missouri Revised Statute §537.760, you and your Moberly, MO defective products lawyer can can hold a person or corporation accountable for your damages if three conditions are true:

1. The company was part of the product's chain of distribution.
2. You used the product in a manner reasonably anticipated.
3. One or both of the following:
   1. The product had 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. 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 purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the suit if:

• You discover who the manufacturer is, it has not closed their business and is financially capable of paying you for all of your damages.
• The vendor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
• No other party in the case submits evidence that the vendor was involved in any other facet of the design and manufacturing process.
• The motion to dismiss is filed within 60 days.

If the above 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 proves that they had a larger role in the production of the product than they led on, were otherwise at fault for the dangerous condition or the manufacturer is unable to reimburse you for the entirety of your injuries, 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 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 was introduced to the public. This defense is only applicable to for inadequate warning defective products lawsuits, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

Most personal injury lawsuits in Moberly, MO are based on the conception of negligence. We all have an obligation to each other's safety in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone fails in that duty, for instance if are injured by a fatigued truck driver they may be held accountable for your damages and would owe you compensation.

However, most product liability or hazardous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is liable 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 Moberly, 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 fault in the design that afterwards passes the flaw to all of that product model that go on to be manufactured. 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 mistakes 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 incorrectly installing wires or electrical components or using the wrong kind of screws or bolts.
3. Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused injury because it did not give proper instructions or warnings about innate dangers. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer generally does not have to warn against risks 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 protocols for ensuring the safety of their products. Even so, too often corporations are negligent and concentrate more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Moberly, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in Moberly, MO

An oft-used defense for manufacturers in a product liability lawsuit is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the defendants to argue that you share a portion of your injuries and, therefore, they do not have to pay you 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, comparative negligence arguments are an erroneous attempt a defendant makes to avoid their duty to reimburse you for the damage their product did to you. Your Moberly, MO defective products lawyer at Burger Law will not let them get away with it. Pursuant to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances apply:

• You did not use the product in a way the manufacturer could foresee. A manufacturer or seller 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. 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 use of the product.
• 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 considerably diminish it but can significantly diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto accident. A pharmaceutical company could reasonably see 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 concept in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 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 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 injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you followed recommended safety measures.
• You failed to 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 compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 — assert 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 employ a variety of dishonest ruses to try and devalue your claim, but your Moberly, MO defective products lawyer at Burger Law knows how to combat them. We know these companies will try everything to avoid paying you and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you get, and you do not pay us anything until we win your case. Get in touch with Burger Law right away at (314) 500-HURT for legal representation that rivals and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Moberly, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Moberly, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause crashes and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous automobile parts we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Tires
• Door latches
• Headlights and taillights

Alternative 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 Moberly, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Moberly, MO has seen be defective include:

• Artificial 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 anticipated
• Robotic surgical assistants designed to operate on hard to reach areas which, when defective, can cause perforated organs, infections and electrical burns
• Blood clot filters that permit dislodged blood clots to travel up to the lungs
• Permanent birth control implements that can puncture organs, lead to pain in the pelvic region, abnormal blood loss and unwanted pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have increased exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the chief factor.

In 2017, the U.S. Health and Human Services Department announced that over 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of helping us. If a faulty medical device ended up worsening your condition, your Moberly, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February of this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to degrade sooner than anticipated and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was retained by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Moberly, MO

The Federal Drug Administration has strict protocols 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 third-party testing many medications 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 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 Moberly, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Four thousand five hundred drugs and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you love received injuries because of irresponsible pharmaceutical companies and manufacturers, call 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 successfully filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other common defective products we see in Moberly, 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 Moberly, MO knows that being injured by a hazardous product can completely upend your life. That is why we strive to see the injured in Moberly 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 do not hesitate to start working on getting you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Moberly, 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 Moberly, MO today at (314) 500-HURT or contact us online to start on the path to being made whole again.