Defective Products Lawyer in Poplar Bluff, MO.

Defective Products Lawyer in Poplar Bluff, MO. If you or someone you love was injured by a dangerous product, reach out to a Burger law defective products lawyer in Poplar Bluff, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Picture your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around machines, and/or use your iPhone throughout the day. You may use lawnmowers on the weekend. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that at one point was designed, manufactured, packaged and purchased. When there is an oversight in the stream of commerce and a product becomes hazardous, it can have a disastrous impact on on your life and lives of those you love in Poplar Bluff, MO. When that happens to you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the great financial recovery you are owed.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in Poplar Bluff and beyond more than $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 Poplar Bluff, MO right away at (314) 500-HURT.

If you were injured by a faulty product in Poplar Bluff, MO, find out the true value of your claim by using our free personal injury calculator.



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

The Consumer Product Safety Commission has found that defective products result in more than 29 million injuries and 21,000 fatalities every year.

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

If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in Poplar Bluff, MO for understanding, dedicated and skilled support and legal advocacy.

How Defective Products Claims Work in Poplar Bluff, MO

Under Missouri Revised Statute §537.760, you and your Poplar Bluff, MO defective products lawyer can file a "strict liability" suit if three conditions are true:

1. The corporation was part of the product's design, manufacture, distribution and sale.
2. You used the product in a way easily expected.
3. One or both of the following:
   1. The product had a defective condition that was unreasonably dangerous when you bought the product and your injuries are a direct result of that defect, and/or
   2. You were injured because there was a hazardous 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 design to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the claim if:

• The manufacturer is known, has not closed their business and can afford to pay for the entirety of your injuries.
• The distributor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• There is no evidence is presented to the court that the distributor was involved in any other part of the stream of commerce.
• The dismissal is requested to the judge within 60 days.

If the above conditions are met, 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 design or manufacture of the product, were otherwise responsible for the fault or the manufacturer cannot compensate you for the entirety 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 that every to-blame party is held accountable.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense is only applicable to for failure to warn product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

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

Most personal injury cases in Poplar Bluff, MO are determined by the idea of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Poplar Bluff, MO patients with a standard of care. When someone fails in that duty, for instance if are injured by a fatigued truck driver they may be found liable for your damages and would owe you a financial recovery.

By contrast, most product liability or dangerous products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is responsible for any injuries that stems from the reasonable use of a product, 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 Poplar Bluff, 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 came into your possession.

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 products with the same design. 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 only make one product defective, 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 a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Risks or Risks That Should Have Been Foreseen: This occurs when the product was not defective through design or manufacture, but instead 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 a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically does not have to warn against risks that a reasonable person would foresee. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement comprehensive safety protocols for guaranteeing the safety of their products. However, too often corporations are negligent and try to focus more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Poplar Bluff, MO will hold them accountable by conducting a full investigation of your case and insisting on only complete compensation.

Comparative Negligence in Defective Productions Claims in Poplar Bluff, MO

Manufacturers, vendors and anyone else in the chain of distribution will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the defendants to posit that you share a portion of your damages and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for your injuries, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt an entity involved in the stream of commerce makes to eschew their duty to reimburse you for the harm they have caused. Your Poplar Bluff, MO defective products lawyer at Burger Law will not let them get away with it. 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 vendor is only responsible for ensuring the product is safe for reasonable or predictable use. 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. On the other hand, 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 happening.
• You used the product in a way the manufacturer did not intend. With this defense, Someone in the stream of commerce 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 accident. A pharmaceutical company could reasonably see 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 wherein, if the injured party was aware of risks, 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. 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 safety measures.
• 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 amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 — argue that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies implement a lot of dishonest ruses to try and minimize your claim, but your Poplar Bluff, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations are unfair and try to take advantage of people who have never had to file a lawsuit before. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the compensation you collect, and you owe us nothing until we win your case. Get in touch with Burger Law now at (314) 500-HURT for legal counsel that rivals and exceeds that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Poplar Bluff, MO

Our defective products lawyer team sees in Poplar Bluff, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause crashes and fires, and fail to protect occupants from harm as intended. Common faulty automobile components we see are:

• Brakes
• Airbags
• Ignitions
• Electrical systems
• Tires
• Door latches
• Engine cooling fan blades

Offroad vehicles like ATVs 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 Poplar Bluff, MO

We need 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. Examples of medical devices that your Burger Law defective products lawyer in Poplar Bluff, MO has seen cause further complications for patients are:

• Artificial joints that can lead to infections, instability, pain or recurring dislocations
• Cardiovascular devises, which can cause 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 cause perforated organs, infections and internal burns
• Blood clot filters that permit dislodged blood clots to invade the lungs
• Permanent birth control devices that can puncture organs, result in pelvic pain, excessive bleeding and unwanted pregnancies

As the medical industry keeps implementing more and more advanced technologies, the amount of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department announced that over the span of a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you damages, your Poplar Bluff, 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 unnecessary pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was contacted 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 here:

View Complaint

Defective Drug Lawyer in Poplar Bluff, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must follow from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many drugs reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations 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 Poplar Bluff, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Four thousand five hundred prescriptions 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 someone you care about had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, contact 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 filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other common dangerous products we file suit for in Poplar Bluff, MO include:

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

Every Burger Law defective products lawyer in Poplar Bluff, MO knows that being hurt by a faulty product can completely disrupt your life. That is why we have dedicated our careers to seeing the injured in Poplar Bluff and throughout Missouri be compensated 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 wining you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has taken on you and your Poplar Bluff, 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 Poplar Bluff, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.