Defective Products Lawyer in Monett, MO.

Defective Products Lawyer in Monett, MO. If you or someone you love was harmed by a dangerous product, reach out to a Burger law defective products lawyer in Monett, MO now at (314) 500-HURT or fill out our online form for a free case evaluation.

Picture your daily routine: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may drive go-carts on the weekend. You may even have a ankle replacement 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 buyer. When there is an oversight in the stream of commerce and a product becomes hazardous, it can have a disastrous impact on Monett, MO individuals and families. When that happens to you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to stand by your side and deliver you the great compensation you are owed.

In our 30 years of negotiation, litigation and trial experience, we have delivered our clients in Monett and throughout Missouri more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Monett, MO immediately at (314) 500-HURT.

If you were hurt by a dangerous product in Monett, MO, discover how much your claim may be worth by filling out our free personal injury calculator.



Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Monett, 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?

Monett, MO Defective Products Statistics

The Consumer Product Safety Commission has found that faulty products are responsible for more than 29 million injuries and 21,000 fatalities each year.

Based on facts 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 incredible devastation that can be caused when manufacturers and distributors do not follow the rules.

If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in Monett, MO for understanding, committed and expert support and legal counsel.

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

According to Missouri Revised Statute §537.760, you and your Monett, MO defective products lawyer can file a "strict liability" suit if three conditions are true:

1. The person was involved in the product's design, manufacture, distribution and sale.
2. You used the product in a way logically expected.
3. One or both of the following:
   1. The product had a defective condition that was unreasonably hazardous when you bought the product 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 a distributor or vendor. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the claim if:

• The manufacturer is known, has not closed their business and is financially capable of paying you for all of your damages.
• The distributor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• There is no evidence is brought in front of the court that the vendor took part in any other facet of the stream of commerce.
• The dismissal is requested to the judge within 60 days.

If the aforementioned conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they had a larger role in the design and manufacture of the product than they intimated, were otherwise at fault for the fault or the manufacturer is unable to reimburse you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held responsible.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense will only work for for failure to warn product liability lawsuits, and the burden of proof is on the defense.

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

The majority of personal injury suits in Monett, MO depend on the conception of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Monett, MO roads. When someone fails in that duty, for example if if you are misdiagnosed because of substandard medical attention they may be found liable for your damages and would have to pay you compensation.

By contrast, most product liability or defective products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product 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 Monett, 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 — when it left the manufacturer's or distributor's control.

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 vehicles that have a tendency to roll over if the driver swerves quickly.
2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure in the manufacturing process. This can either affect only one product, 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 a swing set with a cracked chain.
3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: This occurs when the product was not dangerous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects 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 risks that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to encourage 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 respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Monett, MO will hold them responsible by conducting a full investigation of your case and insisting on only maximum compensation.

Comparative Negligence in Defective Productions Claims in Monett, MO

A common defense for manufacturers in a product liability lawsuit is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the defendants to put forth the argument that you share a portion of your injuries and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent at fault for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt a defendant makes to eschew their duty to pay you for the damage their product did to you. Your Monett, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may argue you bear 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 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, while chairs are meant for sitting, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. By contrast, 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 completely avoid fault but can considerably diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car crash. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
• You used the product while aware of a reasonable level of danger associated with the use. This is often referred to as "Assumption of the risk," a theory 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 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 failed to follow safety guidelines. 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 followed 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 keep your damages as low as you reasonable can. 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 the defense can — and will — try to convince the court that comparative fault applies to your lawsuit, that does not mean they will be successful. Large corporations and insurance companies implement a variety of deceitful tactics to try and devalue your claim, but your Monett, MO defective products lawyer at Burger Law knows how to combat them. We know these companies 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 our only fee is a moderate percentage of the financial recovery you collect, and you do not pay us anything until we win your case. Call Burger Law now at (314) 500-HURT for legal counsel that rivals and eclipses that of bullying manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Monett, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Monett, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. 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 faulty car parts we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Tires
• Door latches
• Accelerators

Offroad vehicles like 4-wheelers can also cause harm, 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 Monett, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Monett, MO has seen cause further complications for patients are:

• Artificial joints that can result in infections, limited mobility, pain or repeated dislocations
• Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
• Robotic surgical assistants intended to operate on hard to reach areas which, when faulty, can result in perforated organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control implements that can perforate organs, result in pelvic pain, abnormal hemorrhaging and unwanted pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the number one factor.

In 2017, the U.S. Health and Human Services Department announced that over a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of improving our lives. If a defective medical device ended up worsening your condition, your Monett, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were intended to 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 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 our original complaint here:

View Complaint

Defective Drug Lawyer in Monett, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must obey 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 pharmaceutical companies 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 Monett, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Four thousand five hundred prescriptions 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 had your condition deteriorate because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations accountable. 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 file suit for in Monett, 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 Monett, MO knows that being harmed by a faulty product can completely upend your life. That is why we endeavor to see the injured in Monett 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 securing you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Monett, 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 Monett, MO today at (314) 500-HURT or contact us online to start on the path to being made whole again.