Defective Products Lawyer in Sedalia, MO.

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

Imagine your daily routine: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around heavy equipment, and/or use your cell phone at various times during the day. You may drive go-carts on your free days. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of product that at one point was designed, manufactured, shipped and bought. When there is a breakdown in the stream of commerce and a product becomes defective, it can have a catastrophic effect on Sedalia, MO individuals and families. When that happens to you, you need the expert and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and get you the full compensation you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Sedalia and beyond over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Sedalia, MO today at (314) 500-HURT.

If you were injured by a faulty product in Sedalia, MO, see how much your claim may be worth by filling out our free personal injury calculator.



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

Sedalia, MO Defective Products Statistics

The Consumer Product Safety Commission has found that dangerous products account for in excess of 29 million injuries and 21,000 fatalities every 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 speaks to the extreme ruin an unsafe product can cause.

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

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

Pursuant to Missouri Revised Statute §537.760, you and your Sedalia, MO defective products lawyer can file a "strict liability" suit if three factors are true:

1. The company was involved in the product's chain of distribution.
2. You used the product in a manner rationally anticipated.
3. Either or both of the following conditions:
   1. The product was in a faulty condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
   2. You were injured because there was a dangerous 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 conception to sale, including a distributor or vendor. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the lawsuit if:

• The manufacturer is known, still does business and is financially capable of paying you for all of your injuries.
• The seller makes an affidavit under oath that their only involvement in the stream of commerce was selling it.
• There is no evidence is brought in front of the court that the seller took part in any other part of the design and manufacturing process.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If those conditions are met, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they had a larger role in the engineering of the product than they led on, were otherwise to blame for the defect or the manufacturer is unable to pay for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court 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 hazardous condition could not be completely understood before use by the public. This defense is only applicable to for failure to warn product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury lawsuits in Sedalia, MO depend on the conception of negligence. We all have an obligation to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance 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 be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or defective products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is responsible for any injuries a product causes, 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 Sedalia, 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 innate defect in the design that afterwards 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 mistakes in the manufacturing process. This can either affect only one product, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be incorrectly installing wires or electrical components or a swing set with a cracked chain.
3. Insufficient Warnings and Instructions: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. 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. A manufacturer generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement exhaustive safety procedures for verifying the safety of their products. However, too often companies do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Sedalia, MO will hold them responsible by conducting a full investigation of your case and demanding only the best possible compensation.

Comparative Negligence in Defective Productions Claims in Sedalia, MO

An oft-used defense for manufacturers in a product liability lawsuit is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce to posit 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 awards you $100,000 but finds you were 30 percent to blame for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt an entity involved in the stream of commerce makes to eschew their duty to pay you for the damage their product did to you. Your Sedalia, MO defective products lawyer at Burger Law sees through that. 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. By contrast, if you use a loaded gun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
• You used the product in a manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can considerably reduce it. Say 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 used the product while aware of a reasonable level of danger associated with the use. This is often referred to 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 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 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 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 followed 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 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 you have no right to ask them for money they do not owe you.

Just because the defense can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies use myriad tricks to try and lower your claim, but your Sedalia, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you are awarded, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law right away at (314) 500-HURT for legal counsel that matches and exceeds that of bullying manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Sedalia, MO

Our defective products lawyer team sees in Sedalia, 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 lead to collisions and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous motor vehicle components we see are:

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

Alternative vehicles like ATVs can also cause damage, 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 Sedalia, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us even more complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Sedalia, MO has seen be defective include:

• Artificial joints that can cause infections, limited mobility, pain or recurring dislocations
• Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
• Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can lead to pierced organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
• Permanent birth control devices that can puncture organs, cause pelvic pain, abnormal hemorrhaging and unplanned pregnancies

As the medical industry keeps inventing new technologies, medical device recalls have 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 announced that throughout 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help relieve pain and lengthen our lifespans, not cause further damage. If a flawed medical device caused you injuries, your Sedalia, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 patients who had received the replacement joint. 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 view our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Sedalia, MO

The Federal Drug Administration has strict procedures 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 third-party testing many medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people who need medicine and treatments that are truly effective. 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 Sedalia, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Hundreds of thousands of medications and medical devices are recalled in the U.S. 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 irresponsible pharmaceutical companies and corporations, call 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 they have caused. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

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

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

Every Burger Law defective products lawyer in Sedalia, MO knows that being harmed by a faulty product can completely upend your life. That is why we strive to see the vulnerable in Sedalia 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 costs and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Sedalia, MO family. We will stand 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 Sedalia, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.