Defective Products Lawyer in Scott City, MO.

Defective Products Lawyer in Scott City, MO. If you or someone you love sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Scott City, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.

Picture what you do every day: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work in your vehicle, sit at in a chair or work around machines, and/or use your cell phone at various times during the day. You may go 4-wheeling on the weekend. You may even have a knee 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 market. When there is an oversight in that process and a product becomes hazardous, it can cause serious harm to you and your Scott City, MO family. When that happens to you, you need the accomplished and dedicated legal services of Burger Law's defective products lawyer team to stand in your corner and deliver you the great compensation you are owed.

In our In our 30 years of experience fighting for fairness and justice, we have delivered our clients in Scott City and throughout Missouri more than $170 million. Our initial case reviews 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 Scott City, MO now at (314) 500-HURT.

If you were harmed by a faulty product in Scott City, MO, find out the true value of your case by utilizing our complimentary personal injury calculator.



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

Scott City, MO Defective Products Statistics

The Consumer Product Safety Commission states that defective products account for in excess of 29 million injuries and 21,000 fatalities every year.

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

If you or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in Scott City, MO for passionate, devoted and knowledgeable support and legal advocacy.

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

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

1. The person was part of the product's design, manufacture, distribution and sale.
2. You used the product in a manner rationally expected.
3. One or both of the following:
   1. The product was in a faulty condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, 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 involved in the product from initial design to purchase, including a distributor or seller. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can avoid liability if:

• The manufacturer is known, has not closed their business and is financially capable of compensating you for all of your damages.
• The vendor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
• There is no evidence is presented to the court that the vendor was involved in any other part of the stream of commerce.
• The dismissal is requested to the judge within 60 days.

If the aforementioned conditions are met, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they implied, were otherwise responsible for the defect or the manufacturer is unable to reimburse you for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable party is held responsible.

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 inadequate warning 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?

The majority of personal injury claims in Scott City, MO are won or lost based on the idea of negligence. We all have a duty to each other's safety in certain situations; for example, Scott City, MO dog owners must always have control of their dog. When someone fails in that responsibility, for instance if if you are misdiagnosed because of substandard medical attention they may be found liable for your damages and would have to pay you compensation.

However, most product liability or defective products claims are strict liability claims, meaning that anyone in the chain of distribution is at fault 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 Scott City, 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 fault in the design that afterwards affects all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
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 installing outdated components or using the wrong kind of screws or bolts.
3. Failure to Warn of Known Dangers or Dangers 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer generally 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 comprehensive safety protocols for guaranteeing that their products will not put the people who use it at risk. Even so, too often companies do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Scott City, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in Scott City, MO

Manufacturers, vendors and anyone else in the stream of commerce will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the defendants to posit that you are liable for a portion of your injuries and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the chain of distribution makes to eschew their duty to reimburse you for the damage their product did to you. Your Scott City, MO defective products lawyer at Burger Law will not let them get away with it. Pursuant to the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances apply:

• You did not use the product in a way the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. 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. On the other hand, if you are injured playing catch with a power tool or other sharp object, 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 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 lower it 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 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 wherein, 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 make custom modification to your car's engine despite not being a mechanic. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• 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 obeyed proper protocols.
• You failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the financial recovery 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 you have no right to ask them for money they do not owe you.

Just because the manufacturer or vendor can — and will — argue that comparative negligence applies to your injuries, that does not mean they will be successful. Powerful corporations and insurance companies employ a variety of dishonest ruses to try and devalue your claim, but your Scott City, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense 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 our only fee is a moderate percentage of the compensation you collect, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law right away at (314) 500-HURT for legal advocacy that matches and eclipses that of resistant manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Scott City, MO

Our defective products lawyer team sees in Scott City, 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 individual cars and vehicle components were recalled in the United States. Defective car parts can result in accident and fires, and fail to protect drivers and passengers from harm as intended. Common defective automobile parts we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wiring
• Tires
• Door latches
• Headlights and taillights

Alternative vehicles like 4-wheelers can also cause injuries, for instance many of them are prone 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 Scott City, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Scott City, MO has seen cause further injuries to patients include:

• Artificial joints that can cause infections, limited mobility, chronic soreness or recurring dislocations
• Pacemakers, which can result in infections or even wrongful death when they do not last as long as expected
• Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can result in punctured organs, infections and electrical burns
• Blood clot filters that permit free-floating 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 new technologies, the amount of recalls issued for medical devices has increased exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the foremost cause.

In 2017, the U.S. Health and Human Services Department found that over a decade Medicare spent at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of helping us. If a faulty medical device caused you damages, your Scott City, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get 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, had to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements degrade too quickly and have caused unthinkable pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was contacted 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 our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Scott City, MO

The Federal Drug Administration has stringent protocols for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. With no absolute independent testing many medications 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 they are supposed to be helping. 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 Scott City, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Hundreds of thousands of drugs and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member sustained injuries because of reckless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer now. 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 accountable when their selfishness has taken someone from this world too soon.

Other common defective products we collect compensation for our clients for in Scott City, 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 Scott City, 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 committed our careers to seeing the vulnerable in Scott City 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 delivering you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Scott City, 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 Scott City, MO immediately at (314) 500-HURT or contact us online to start on your journey to being made whole again.