Defective Products Lawyer in Rolla, MO.

Defective Products Lawyer in Rolla, MO. If you or someone you love sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Rolla, MO right away at (314) 500-HURT or fill out our online form for a free case review.

Picture 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 on your bike, sit by a computer or work around machines, and/or use your cell phone on and off throughout the day. You may drive go-carts on your free days. You may even have a ankle replacement 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 market. When there is an error in the stream of commerce and a product becomes hazardous, it can cause serious injuries to you and your Rolla, MO family. If tragedy struck you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to stand in your corner and secure you the full compensation you deserve.

In our 30 years of negotiation, litigation and trial experience, we have gotten our clients in Rolla and throughout Missouri over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Rolla, MO now at (314) 500-HURT.

If you were harmed by a faulty product in Rolla, MO, see the true value of your case by filling out our free personal injury calculator.



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

Rolla, MO Defective Products Statistics

The Consumer Product Safety Commission states that dangerous products cause over 29 million injuries and 21,000 fatalities each year.

According to data 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 shows the extreme devastation that can be caused when manufacturers and vendors do not adhere to adequate safety protocols.

If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Rolla, MO for passionate, dedicated and knowledgeable support and legal counsel.

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

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

1. The corporation was part of the product's chain of distribution.
2. The product was used in a manner logically foreseen.
3. One or both of the following:
   1. The product was in a faulty condition that was unreasonably dangerous when it left the manufacturer's or seller's that was the proximate cause of your injuries, 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 "chain of distribution" refers to anyone involved in the product from initial conception to sale, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can be dismissed from the suit if:

• You discover who the manufacturer is, it still does business and is able to reimburse you for all of your injuries.
• The vendor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
• There is no evidence is brought in front of the court that the seller was involved in any other aspect 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 met, the vendor 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 at fault for the dangerous condition or the manufacturer cannot compensate you for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great financial recovery you deserve.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be completely understood before use by the consumer. This defense will only work for for inadequate warning product liability claims, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.

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

Most personal injury lawsuits in Rolla, MO are based on the concept of negligence. We all have an responsibility to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Rolla, MO roads. When someone fails in that duty, for example if if you are misdiagnosed because of substandard medical attention they may be held 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 anyone involved in the manufacture and sale of a product is to blame for any damage that results 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 Rolla, 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 defect in the design that subsequently affects all products with the same design. An example is a toy intended for children that contains a choking hazard.
2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure in the manufacturing process. This can either only make one product hazardous, 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. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: 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 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 obvious risks. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement thorough safety procedures for guaranteeing that their products will not put the people who use it at risk. Even so, too often companies do not value our safety and concentrate more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Rolla, MO will fight on your behalf and demand only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Rolla, MO

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to posit that you are liable for a portion of the fault 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 liable for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to eschew their responsibility to reimburse you for the harm they have caused. Your Rolla, MO defective products lawyer at Burger Law will not let them get away with it. Pursuant to the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances apply:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. 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. 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 use of the product.
• You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to completely avoid fault but can significantly reduce 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 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 whereby, if a plaintiff knowingly enters into a dangerous activity, 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 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 hurt 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 injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries are your fault because you had not adhered to proper protocols.
• You did not mitigate your damages. In any personal injury claim, you are expected to try to lessen the amount of compensation 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 people in the stream of commerce 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. Bullying corporations and insurance companies use a variety of dishonest ruses to try and devalue your claim, but your Rolla, 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 do not have the same resources. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you are awarded, and you owe us nothing until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal counsel that parallels and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Rolla, MO

Our defective products lawyer team sees in Rolla, 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, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common defective motor vehicle parts we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wiring
• Tires
• Seats
• Engine cooling fan blades

Offroad vehicles like ATVs 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 Rolla, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Rolla, MO has seen be defective include:

• Artificial joints that can lead to infections, instability, chronic soreness or repeated dislocations
• Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
• Surgical robots intended to operate on hard to reach areas which, when they do not work properly, can cause 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 puncture organs, cause pelvic pain, excessive blood loss and unintended pregnancies

As the medical industry keeps inventing new technologies, the numbers of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly due to issues with software.

In 2017, the U.S. Health and Human Services Department announced that over the span of 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 extensive pain instead of improving our lives. If a defective medical device ended up worsening your condition, your Rolla, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February of this year, Exactech, a manufacturer of 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 intended to and have caused incredible pain and permanent damage to potentially as many as 150,000 people 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 are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Rolla, MO

The Federal Drug Administration has firm protocols 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 shelves 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 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 Rolla, 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 careless pharmaceutical companies and corporations, get in touch with 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 held opioid manufacturers responsible when their selfishness has taken someone from this world too soon.

Other examples of defective products we collect compensation for our clients for in Rolla, MO include:

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

Every Burger Law defective products lawyer in Rolla, MO knows that being hurt by a hazardous product can completely disrupt your life. That is why we have dedicated our careers to seeing the injured in Rolla and throughout Missouri collect 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 getting 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 Rolla, 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 Rolla, MO right away at (314) 500-HURT or contact us online to take the first step toward being made whole again.