Defective Products Lawyer in Rogersville, MO.

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

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 car, sit at in a chair or work around heavy equipment, and/or use your cell phone on and off throughout the day. You may go 4-wheeling on the weekend. 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 has gone through various stages of design and production before it reaches the shelves. When there is an oversight in the stream of commerce and a product becomes defective, it can have a catastrophic effect on on your life and lives of those you love in Rogersville, MO. When that happens to you, you need the expert and devoted legal services of Burger Law's defective products lawyer team to stand in your corner and win you the full financial recovery you deserve.

In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have gotten our clients in Rogersville and beyond more than $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Rogersville, MO today at (314) 500-HURT.

If you were hurt by a defective product in Rogersville, MO, learn how much your claim may be worth by filling out our free personal injury calculator.



The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Rogersville, 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?

Rogersville, MO Defective Products Statistics

The Consumer Product Safety Commission states that faulty products result in over 29 million injuries and 21,000 fatalities annually.

According to facts 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 unbelievable harm that can be caused when manufacturers and vendors do not adhere to proper safety measures.

If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Rogersville, MO for empathetic, dedicated and skilled support and legal representation.

How Defective Products Claims Work in Rogersville, MO

Under Missouri Revised Statute §537.760, you and your Rogersville, MO defective products lawyer can can hold a person or corporation liable for your damages if three factors are true:

1. The defendant was part of the product's stream of commerce.
2. You used the product in a way rationally anticipated.
3. Either or both of the following conditions:
   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. 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 involved in the product from initial conception to sale, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the suit if:

• The manufacturer is known, has not closed their business and is financially capable of paying you for all of your damages.
• The vendor makes an affidavit under threat of perjury that their only involvement in the process was selling it.
• There is no evidence is presented to the court that the vendor took part in any other part of the chain of distribution.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned 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 shows that they had a larger role in the design and manufacture of the product than they implied, were otherwise liable for the dangerous condition or the manufacturer cannot reimburse you for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery you are owed.

Missouri Revised Statute §537.764 provides one defense 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 valid for inadequate warning defective products cases, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

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

Most personal injury claims in Rogersville, MO are determined by the notion of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, Rogersville, MO dog owners must always have control of their dog. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they can be found liable for your damages and would have to pay you compensation.

By contrast, most product liability or dangerous products cases are strict liability claims, meaning that a designer, manufacturer or vendor is accountable for any damage that results 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 Rogersville, 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 you acquired it.

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 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 mistakes 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 not properly fastening components to each other.
3. Insufficient Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects 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 instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to incentivize corporations to implement thorough safety procedures for guaranteeing the safety of their products. Even so, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Rogersville, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but complete compensation.

Comparative Negligence in Defective Productions Claims in Rogersville, MO

An oft-used defense for manufacturers in a dangerous product case is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to put forth the defense that you share a portion of the fault and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent at fault for the accident, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to get out their responsibility to reimburse you for the damage their product did to you. Your Rogersville, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative fault 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, while chairs are meant to be sat on, 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. 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 be expected to foresee that happening.
• You used the product in a manner 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 significantly lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle wreck. 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 called as "Assumption of the risk," a theory in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
• You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously harmed 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 were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you adhered to recommended precautions.
• You did not mitigate your damages. In any personal injury claim, you have a duty to try to lessen the amount of compensation you are owed. For example, you cannot seek unnecessary medical treatment. 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 seller can — and will — try to convince the court that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies use a variety of deceitful tactics to try and devalue your claim, but your Rogersville, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the compensation you collect, 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 representation that parallels and eclipses that of resistant manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Rogersville, MO

Our defective products lawyer team sees in Rogersville, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to accident and fires, and fail to protect drivers and passengers from harm as intended. Common defective motor vehicle parts we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wires
• Tires
• Seats
• Headlights and taillights

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 Rogersville, 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 complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Rogersville, MO has seen cause further injuries to patients are:

• Artificial joints that can cause infections, instability, pain or frequent dislocations
• Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
• Surgical robots designed to operate on hard to reach areas which, when faulty, can result in punctured organs, infections and internal burns
• Blood clot filters that allow dislodged blood clots to invade the lungs
• Permanent birth control implements that can perforate organs, lead to pain in the pelvic region, abnormal bleeding and unplanned pregnancies

As the medical industry keeps inventing new technologies, medical device recalls have soared. In the first quarter 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 stated that throughout 10 years Medicare had to spend 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 helping us. If a defective medical device caused you injuries, your Rogersville, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you collect 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. Because of mistakes in their packaging and shipping process, the replacements deteriorate too quickly and have caused incredible pain and lifelong damage to possibly as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was retained 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 Rogersville, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must obey 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. With no absolute independent testing many prescriptions 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 Rogersville, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Four thousand five hundred medications and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love sustained injuries because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by winning you compensation and holding negligent corporations liable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other examples of defective products we see in Rogersville, MO include:

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

Every Burger Law defective products lawyer in Rogersville, 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 committed our careers to seeing the vulnerable in Rogersville 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 do not hesitate to start working on wining you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Rogersville, MO family. We will fight by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Rogersville, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.