Defective Products Lawyer in Neosho, MO.

Defective Products Lawyer in Neosho, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Neosho, MO right away at (314) 500-HURT or fill out our online form for a free consultation.

Imagine what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit at in a chair or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may go boating on your days off. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be designed, manufactured, shipped and sold. When there is a breakdown in the stream of commerce and a product becomes hazardous, it can cause serious injuries to you and your Neosho, MO family. When that happens to you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to stand by your side and deliver you the full compensation you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have delivered our clients in Neosho and throughout Missouri 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 Neosho, MO now at (314) 500-HURT.

If you were injured by a faulty product in Neosho, MO, discover how much your claim may be worth by using our free personal injury calculator.



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

The Consumer Product Safety Commission estimates that dangerous products account for more than 29 million injuries and 21,000 deaths every year.

Based on statistics 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 incredible devastation an unsafe product can cause.

If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Neosho, MO for passionate, devoted and talented support and legal counsel.

How Defective Products Claims Work in Neosho, MO

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

1. The person was involved in the product's stream of commerce.
2. You used the product in a way rationally anticipated.
3. Either or both of the following conditions:
   1. The product was in a defective condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
   2. Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone involved in the product from initial conception to sale, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the vendor 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 compensating you for the entirety of your damages.
• The seller makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• There is no evidence is submitted to the court that the seller took part in any other part of the design and manufacturing process.
• The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If those conditions are satisfied, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise to blame for the fault or the manufacturer is unable to pay for all of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held responsible.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be completely understood before use by the consumer. This defense will only work for for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury claims in Neosho, MO depend on the concept of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, Neosho, MO dog owners must always have control of their dog. When someone fails in that duty, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be found accountable for your damages and would have to pay you a financial recovery.

By contrast, most product liability or defective products claims are strict liability claims, meaning that a designer, manufacturer or vendor is at fault 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 Neosho, 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 flaw in the design that subsequently affects all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
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 dangerous, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about innate risks. 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. The company that makes a product 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 chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety protocols for guaranteeing the safety of their products. However, too often corporations do not value our safety and concentrate more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Neosho, MO will hold them responsible by conducting a full investigation of your case and demanding only complete compensation.

Comparative Negligence in Defective Productions Claims in Neosho, MO

A common defense for manufacturers in a product liability claim is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the chain of distribution to put forth the argument that you are liable for a portion of the fault 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, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt an entity involved in the stream of commerce makes to eschew their obligation to pay you for the damage their product did to you. Your Neosho, MO defective products lawyer at Burger Law sees through that. 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 has to make a product safe for ways that they can expect the public to use it. 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 use a loaded shotgun to prop a door open and it misfires, 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 way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly decrease it but can considerably decrease 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 used the product while aware of a reasonable level of danger associated with the use. 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 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 hurt doing such a thing.
• You failed to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not followed recommended safety measures.
• You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 the defense can — and will — assert that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies employ a variety of dishonest ruses to try and minimize your claim, but your Neosho, 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 have never had to make an injury claim before. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the compensation you are awarded, 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 representation that parallels and exceeds that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Neosho, MO

Our defective products lawyer team sees in Neosho, MO sees more defective vehicles than any other product, both because of how many people use them 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 result in collisions and fires, and fail to protect occupants from harm as intended. Common dangerous car components we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wiring
• Wheels
• Seats
• Engine cooling fan blades

Offroad vehicles like ATVs can also cause harm, for instance many of them are prone to flipping 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 Neosho, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more injuries when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Neosho, MO has seen be defective are:

• Artificial hips, knees or other joints that can result in infections, instability, chronic soreness or repeated dislocations
• Pacemakers, which can lead to infections or even wrongful death because of premature failures
• Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can cause 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, lead to pain in the pelvic region, abnormal hemorrhaging and unplanned pregnancies

As the medical industry keeps coming up with new technologies, the amount of recalls issued for medical devices has gone up exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly owing to issues with software.

In 2017, the U.S. Health and Human Services Department announced that in the course of 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 defective cardiovascular devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a faulty medical device ended up aggravating your condition, your Neosho, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was made aware of the defect 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 link below:

View Complaint

Defective Drug Lawyer in Neosho, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must adhere to 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 shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Neosho, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Four thousand five hundred medications and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or a family member sustained injuries because of irresponsible pharmaceutical companies and manufacturers, reach out to 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 they have caused. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other examples of dangerous products we collect compensation for our clients for in Neosho, 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 Neosho, MO knows that being hurt by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Neosho and throughout Missouri recover great compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on getting you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Neosho, MO family. We will stand by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Neosho, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.