Defective Products Lawyer in Osage County, MO.

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

Think of what you do every day: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around machines, and/or use your cell phone on and off throughout the day. You may go boating on your days off. You may even have a knee 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 the stream of commerce and a product becomes hazardous, it can have a ruinous effect on on your life and lives of those you love in Osage County, MO. If tragedy struck you, you need the experienced and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and secure you the full compensation you are owed.

In our three decades of negotiation, litigation and trial experience, we have won our clients in Osage County 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 Osage County, MO today at (314) 500-HURT.

If you were harmed by a faulty product in Osage County, MO, learn how much your claim may be worth by filling out our complimentary personal injury calculator.



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Osage County, 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 County, MO?

The Consumer Product Safety Commission states that defective products are responsible for over 29 million injuries and 21,000 deaths each year.

According to statistics from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme harm an unsafe product can cause.

If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Osage County, MO for compassionate, committed and skilled support and legal advocacy.

How Defective Products Claims Work in Osage County, MO

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

1. The defendant was part of the product's design, manufacture, distribution and sale.
2. The product was used in a way logically anticipated.
3. One or both of the following:
   1. The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or vendor's and your injuries are a direct result of that defect, and/or
   2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to sale, including the person or entity that sold you the product. According 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 may avoid liability if:

• You discover who the manufacturer is, it has not closed their business and is financially capable of compensating you for all of your injuries.
• The entity that sold it makes 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 distributor took part in any other aspect of the design and manufacturing process.
• The motion to dismiss is filed within 60 days.

If those conditions are satisfied, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they had a larger role in the production of the product than they intimated, were otherwise responsible for the hazardous condition or the manufacturer is unable to pay for all 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 you get the great financial recovery that they owe you.

Missouri Revised Statute §537.764 mentions a caveat 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 hit the shelves. This defense is only applicable to for inadequate warning product liability cases, and the burden of proof is on the defense.

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

Most personal injury lawsuits in Osage County, MO are determined by the conception of negligence. We all have a duty to each other's safety in certain situations; for example, Osage County, MO dog owners must always have control of their dog. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be held liable for your damages and would owe you a financial recovery.

However, most product liability or dangerous products claims come down to strict liability, meaning that anyone in the chain of distribution is liable for any injuries that stems from the reasonable use of a product, 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 Osage County, 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 got into your hands.

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 fault in the design that subsequently passes the fault to all of that product model that go on to be manufactured. An example is an improperly designed safeguard on a power tool.
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 dangerous, 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 leaving sharp edges on plastic or other materials.
3. Insufficient Warnings and Instructions: 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 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 obvious dangers. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement exhaustive safety protocols for verifying the safety of their products. However, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Osage County, MO will fight on your behalf and insist on nothing but the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Osage County, MO

An oft-used defense for manufacturers in a defective products claim is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce to argue that you share a portion of your damages and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt a manufacturer makes to get out their duty to pay you for the damage their product did to you. Your Osage County, MO defective products lawyer at Burger Law sees through that. Under 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 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, while chairs are meant to be sat on, 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 use a loaded gun 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 happening.
• You used the product in a manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to totally avoid liability but can significantly reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. 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 called as "Assumption of the risk," a principle in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
• 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• 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 precautions.
• 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 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 manufacturer or vendor can — and will — argue that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies implement a variety of tricks to try and minimize your claim, but your Osage County, MO defective products lawyer at Burger Law knows how to effectively counterattack. 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. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you are awarded, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal advocacy that rivals and eclipses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Osage County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Osage County, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in wrecks and fires, and fail to protect occupants from harm as intended. Common defective automobile parts we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical systems
• Wheels
• Door latches
• Engine cooling fan blades

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 Osage County, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Osage County, MO has seen be defective include:

• Artificial hips, knees or other joints that can result in infections, limited mobility, pain or frequent dislocations
• Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
• Surgical robots designed to operate on hard to reach areas which, when they malfunction, can result in punctured organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control implements that can perforate organs, cause pelvic pain, abnormal bleeding and unintended pregnancies

As the medical industry keeps implementing more and more advanced technologies, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, mostly as a result of issues with software.

In 2017, the U.S. Health and Human Services Department stated that in the course of 10 years Medicare had to spend at least $1.5 billion to replace over 73,000 flawed heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of easing it. If a defective medical device ended up aggravating your condition, your Osage County, 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 incorrectly packaged and shipped, causing them to degrade sooner than anticipated and have caused incredible pain and lifelong damage to possibly as many as 150,000 patients who had the replacement joint implanted. 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 button below:

View Complaint

Defective Drug Lawyer in Osage County, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must adhere to from manufacturing to delivery. 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 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 Osage County, MO to stand up to these bullying corporations and let them know that their conduct is intolerable.

Four thousand five hundred drugs and medical devices are recalled in the U.S. 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 irresponsible pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer immediately. 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 won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other examples of dangerous products we see in Osage County, MO include:

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

Every Burger Law defective products lawyer in Osage County, MO knows that being hurt by a dangerous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Osage County and throughout Missouri get the best possible compensation 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 delivering you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical toll your injury has taken on you and your Osage County, 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 Osage County, MO today at (314) 500-HURT or contact us online to start on your journey to a true recovery.