Defective Products Lawyer in Pleasant Hill, MO.

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

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 vehicle, sit at in a chair or work around technology, and/or use your iPhone throughout the day. You may go 4-wheeling on your free days. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was designed, manufactured, packaged and sold. When there is a breakdown in the chain of distribution and a product becomes dangerous, it can cause severe harm to you and your Pleasant Hill, MO family. When that happens to you, you need the skilled and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and win you the great financial recovery you deserve.

In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Pleasant Hill and throughout Missouri more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Pleasant Hill, MO now at (314) 500-HURT.

If you were hurt by a defective product in Pleasant Hill, MO, learn the true value of your claim by filling out our complimentary personal injury calculator.



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

Pleasant Hill, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that hazardous products result in in excess of 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 speaks to the extreme devastation an unsafe product can cause.

If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Pleasant Hill, MO for understanding, dedicated and knowledgeable support and legal advocacy.

How Defective Products Claims Work in Pleasant Hill, MO

Pursuant to Missouri Revised Statute §537.760, you and your Pleasant Hill, MO defective products lawyer can can hold a person or company accountable for your damages if three conditions are met:

1. The company was part of the product's stream of commerce.
2. The product was used in a manner reasonably expected.
3. One or both of the following:
   1. The product had a faulty condition that was unreasonably dangerous when the product was sold that caused you direct harm, 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 going to the market, from initial conception to purchase, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can be dismissed from the suit if:

• The manufacturer is known, still does business and is able to compensate you for all of your damages.
• The vendor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
• No other party in the case presents evidence that the seller took part in any other aspect of the stream of commerce.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If those conditions are satisfied, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise liable for the defect or the manufacturer is unable to reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation that they owe you.

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 consumer. This defense will only work for for failure to warn defective products claims, 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 claims in Pleasant Hill, MO are won or lost based on the notion of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Pleasant Hill, MO roads. When someone fails in that responsibility, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found liable for your damages and would have to pay you compensation.

However, most product liability or dangerous products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is liable for any damage 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 Pleasant Hill, 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 inherent flaw in the design that subsequently passes the imperfection to all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
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, 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 refers to a product made it through design and production safely but caused injury because it did not give proper instructions or warnings about inherent dangers. 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. 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 match could start a fire.

Strict liability is meant to hold corporations accountable and persuade them to implement exhaustive safety protocols for guaranteeing the safety of their products. Even so, too often companies are negligent and spend more energy on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Pleasant Hill, MO will fight by your side and demand nothing but the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Pleasant Hill, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the principle of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to posit that you share 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, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to avoid their duty to pay you for the damage their product did to you. Your Pleasant Hill, 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 manner the manufacturer could foresee. A manufacturer or seller is only has to make a product safe for ways that they can expect a consumer to use it. For example, while chairs are meant for sitting, standing on one to reach something is common. 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 reasonably foresee that happening.
• You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly diminish it but can considerably reduce 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 knew of inherent hazards of the product while you were using it. This is often referred to as "Assumption of the risk," a concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously injured doing such a thing.
• You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. 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 are your fault because you had not obeyed recommended precautions.
• 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 refuse to return to work when you are healthy enough to do so. 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 — try to convince the court 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 use a lot of dishonest ruses to try and lower your claim, but your Pleasant Hill, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you 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 are awarded, and you do not pay us anything until we win your case. Reach out to Burger Law immediately at (314) 500-HURT for legal representation that matches and eclipses that of resistant manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Pleasant Hill, MO

Our defective products lawyer team sees in Pleasant Hill, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous automobile components we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Tires
• Door latches
• Engine cooling fan blades

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 Pleasant Hill, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us further injuries when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Pleasant Hill, MO has seen cause further injuries to patients are:

• Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or frequent dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Surgical robots intended to operate on hard to reach areas which, when they do not work properly, can lead to punctured 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 pierce organs, lead to pelvic pain, abnormal blood loss and unwanted pregnancies

As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly as a result of issues with software.

In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 flawed heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of improving our lives. If a faulty medical device caused you damages, your Pleasant Hill, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 patients 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 got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Pleasant Hill, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must follow 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 medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people who need medicine and treatments that truly help their condition. 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 Pleasant Hill, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Hundreds of thousands of drugs and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or someone you love sustained injuries because of careless pharmaceutical companies and corporations, get in touch with 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 held opioid manufacturers responsible when their actions have taken someone from this world too soon.

Other common defective products we see in Pleasant Hill, 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 Pleasant Hill, MO knows that when manufacturers and vendors 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 careers to seeing the vulnerable in Pleasant Hill and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we immediately start working on getting you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical toll your injury has taken on you and your Pleasant Hill, 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 Pleasant Hill, MO now at (314) 500-HURT or contact us online to take the first step toward a true recovery.