Defective Products Lawyer in Parkville, MO.

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

Think of what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit by a computer or work around technology, and/or use your iPhone throughout the day. You may go 4-wheeling 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 has gone through various stages of design and production before it reaches the shelves. When there is a breakdown in the chain of distribution and a product becomes defective, it can cause serious injuries to you and your Parkville, MO family. If tragedy struck you, you need the expert and committed legal representation of Burger Law's defective products lawyer team to stand in your corner and secure you the best possible financial recovery you are owed.

In our In our 30 years of experience fighting for fairness and justice, we have delivered our clients in Parkville and throughout Missouri in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Parkville, MO today at (314) 500-HURT.

If you were harmed by a faulty product in Parkville, MO, discover the true value of your claim by using our free personal injury calculator.



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

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

According to 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 extreme destruction an unsafe product can cause.

If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Parkville, MO for passionate, devoted and skilled support and legal advocacy.

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

Under Missouri Revised Statute §537.760, you and your Parkville, MO defective products lawyer can can hold a person or corporation responsible for your damages if three conditions are met:

1. The defendant was part of the product's design, manufacture, distribution and sale.
2. You used the product in a manner easily expected.
3. One or both of the following:
   1. The product had a faulty condition that was unreasonably dangerous when the product was sold 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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may avoid liability if:

• The manufacturer is known, still does business and is financially capable of reimbursing you for the entirety of your damages.
• The vendor signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
• No other party in the case comes forward with evidence that the seller took part in any other part of the design and manufacturing process.
• The dismissal is requested to the court within 60 days.

If the aforementioned conditions are satisfied, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise liable for the dangerous condition or the manufacturer is unable to reimburse you for all of the economic, physical and emotional loss 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 compensation you are owed.

Missouri Revised Statute §537.764 has an exception 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 will only work for for failure to warn defective products claims, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury cases in Parkville, MO depend on the concept of negligence. We all owe each other a duty of care in certain situations; for example, Parkville, MO dog owners must always have control of their dog. When someone is negligent, for example if are injured by a fatigued truck driver they may be found responsible for your damages and would owe 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 to blame 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 Parkville, 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 a piece of clothing that is easily flammable.
2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous 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 dangerous chemicals. 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 harm because it did not give adequate instructions or warnings about inherent risks. 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 risks that a reasonable person would anticipate. For instance, 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 thorough safety protocols for guaranteeing that their products will not pose a danger to the public. Even so, too often corporations are negligent and try to focus more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Parkville, MO will fight on your behalf and insist on nothing but a full financial recovery.

Comparative Negligence in Defective Productions Claims in Parkville, MO

An oft-used defense for manufacturers in a defective products claim is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the defendants to argue that you are responsible for a portion of your damages and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt an entity involved in the stream of commerce makes to avoid their duty to reimburse you for the damage their product did to you. Your Parkville, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative negligence if the following situations apply:

• You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect a consumer to use it. 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. 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 reasonably foresee that happening.
• You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to completely avoid liability 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 knew of inherent risks 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 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 injured doing such a thing.
• 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 took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you obeyed proper protocols.
• You did not mitigate your damages. 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 manufacturer or distributor can — and will — assert that comparative negligence applies to your injuries, 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 Parkville, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law right away at (314) 500-HURT for legal advocacy that parallels and eclipses that of bullying manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Parkville, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Parkville, MO. 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 accident and fires, and fail to protect occupants from harm as intended. Common defective motor vehicle components we see are:

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

Alternative vehicles like ATVs can also cause damage, 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 Parkville, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us further injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Parkville, MO has seen be defective are:

• Artificial hips, knees or other joints that can lead to infections, instability, pain or repeated dislocations
• Pacemakers, which can lead to infections or even wrongful death when they do not last as long as expected
• 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 lead to pierced organs, infections and electrical burns
• Blood clot filters that permit dislodged blood clots to travel up to the lungs
• Permanent birth control devices that can perforate organs, result in pelvic pain, excessive hemorrhaging and unplanned pregnancies

As the medical industry becomes more high-tech, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly as a result of problems with software.

In 2017, the U.S. Health and Human Services Department found that over a decade Medicare paid out at least $1.5 billion to replace over 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 helping us. If a faulty medical device caused you damages, your Parkville, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive a full financial recovery for all of the unneeded pain you experienced.

In February 2022, 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 incredible pain and permanent damage to potentially as many as 150,000 people who had the replacement joint implanted. 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 button below:

View Complaint

Defective Drug Lawyer in Parkville, MO

The Federal Drug Administration has strict procedures 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 shelves without an objective analysis of the potential drawbacks compared to the 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 Parkville, 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 annually, 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 reckless pharmaceutical companies and corporations, 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 won claims for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other common dangerous products we see in Parkville, 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 Parkville, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have dedicated our lives to seeing the injured in Parkville and throughout Missouri receive fair compensation 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 delivering you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Parkville, 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 Parkville, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.