Defective Products Lawyer in Osage Beach, MO.

Defective Products Lawyer in Osage Beach, MO. If you or someone you love was injured by a dangerous product, get in touch with a Burger law defective products lawyer in Osage Beach, MO today at (314) 500-HURT or fill out our online form for a free case review.

Think of your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your vehicle, sit by a computer or work around heavy equipment, and/or use your android at various times during the day. You may go boating on your free days. You may even have a ankle replacement or other medical implant. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the shelves. When there is an oversight in that process and a product becomes defective, it can cause severe harm to you and your Osage Beach, MO family. When that happens to you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to stand in your corner and get you the great compensation you deserve.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in Osage Beach and beyond over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Osage Beach, MO immediately at (314) 500-HURT.

If you were hurt by a defective product in Osage Beach, MO, see how much your claim may be worth 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 Osage Beach, 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 Osage Beach, MO?

The Consumer Product Safety Commission has found that dangerous products are responsible for over 29 million injuries and 21,000 fatalities annually.

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 devastation that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Osage Beach, MO for empathetic, dedicated and knowledgeable support and legal representation.

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

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

1. The corporation was involved in the product's design, manufacture, distribution and sale.
2. You used the product in a manner rationally foreseen.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
   2. You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to purchase, including a distributor or seller. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can be dismissed from the claim if:

• You discover who the manufacturer is, it has not closed their business and is financially capable of reimbursing you for the entirety of your injuries.
• The vendor signs an affidavit under oath 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 distributor 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 met, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they had a larger role in the production of the product than they implied, were otherwise at fault for the hazardous condition or the manufacturer cannot reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery you are owed.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be completely understood before use by the public. This defense is only applicable to for inadequate warning product liability lawsuits, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury suits in Osage Beach, MO depend on the conception of negligence. We all have a duty 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 is negligent, 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 be obligated to reimburse you for your injuries and other damages.

However, most product liability or hazardous products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable for any injuries a product causes, 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 Osage Beach, 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 innate 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: 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 only make one product hazardous, 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 using the wrong kind of screws or bolts.
3. Insufficient Warnings and Instructions: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger that could arise 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 example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement exhaustive safety procedures for guaranteeing the safety of their products. Even so, too often companies 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. When that happens, your Burger Law defective products lawyer in Osage Beach, MO will fight on your behalf and insist on only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Osage Beach, MO

A common defense for manufacturers in a dangerous product claim is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to put forth the defense that you are responsible for a portion of your injuries and, therefore, they are not liable for the full extent of your damages. For example, if a jury awards you $100,000 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 dishonest attempt an entity involved in the chain of distribution makes to eschew their responsibility to reimburse you for the harm they have caused. Your Osage Beach, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative negligence if the following situations apply:

• 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. 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 reasonably foresee that happening.
• 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 lower it but can significantly lower 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 risks of the product while you were using it. 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, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
• 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 injured doing such a thing.
• You neglected 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 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 followed recommended precautions.
• You did not mitigate your damages. 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 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 — argue that comparative negligence applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies employ a variety of dishonest ruses to try and minimize your claim, but your Osage Beach, MO defective products lawyer at Burger Law knows how to fight back against 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 we get paid a moderate percentage of the financial recovery you collect, and you owe us nothing until we win your case. Call Burger Law now at (314) 500-HURT for legal counsel that matches and surpasses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Osage Beach, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Osage Beach, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in collisions and fires, and lead to further injuries when the safety components to not work as they should. Common faulty automobile parts we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Wheels
• Seats
• Engine cooling fan blades

Offroad vehicles like 4-wheelers 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 Osage Beach, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Osage Beach, MO has seen be defective include:

• Artificial joints that can lead to infections, limited mobility, pain or repeated dislocations
• Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
• Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can result in pierced organs, infections and electrical burns
• Blood clot filters that permit dislodged blood clots to slip into the lungs
• Permanent birth control devices that can pierce organs, lead to pain in the pelvic region, excessive blood loss and unplanned pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the major factor.

In 2017, the U.S. Health and Human Services Department reported that throughout a decade Medicare spent 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 extensive pain instead of helping us. If a flawed medical device ended up worsening your condition, your Osage Beach, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to degrade too quickly and have caused unthinkable pain and permanent damage to potentially as many as 150,000 people who were depending on the replacement joint to return their mobility. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Osage Beach, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must adhere to from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. That means that many medications reach the shelves 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 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 Osage Beach, MO to stand up to these bullying corporations and make them realize that their behavior is unacceptable.

Hundreds of thousands of drugs and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or a loved one had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other common dangerous products we file suit for in Osage Beach, MO include:

• Children's toys
• Chemicals such as cleaning products
• Baby powder
• Household appliances
• Industrial equipment
• Cell phone batteries
• Beauty products

Every Burger Law defective products lawyer in Osage Beach, MO knows that being hurt by a hazardous product can completely upend your life. That is why we have pledged our careers to seeing the injured in Osage Beach and throughout Missouri get fair 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 toll your injury has taken on you and your Osage Beach, MO family. We will fight 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 Osage Beach, MO right away at (314) 500-HURT or contact us online to start on the path to true healing.