Defective Products Lawyer in Sikeston, MO.

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

Think of what you do every day: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around heavy machinery, and/or use your cell phone on and off throughout the day. You may use lawnmowers on your free days. You may even have a prosthetic limb 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 error in the stream of commerce and a product becomes hazardous, it can cause severe harm to you and your Sikeston, MO family. If tragedy struck you, you need the knowledgeable and devoted legal representation of Burger Law's defective products lawyer team to fight on your behalf and get you the maximum compensation you are owed.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in Sikeston and throughout Missouri more than $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Sikeston, MO now at (314) 500-HURT.

If you were hurt by a defective product in Sikeston, MO, see the true value of your claim by using our complimentary personal injury calculator.



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

Sikeston, MO Defective Products Statistics

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

According to statistics 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 speaks to the unbelievable destruction 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 Sikeston, MO for understanding, dedicated and knowledgeable support and legal counsel.

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

Pursuant to Missouri Revised Statute §537.760, you and your Sikeston, MO defective products lawyer can can hold a person or corporation at fault for your damages if three factors are true:

1. The corporation was involved in the product's design, manufacture, distribution and sale.
2. The product was used in a way easily foreseen.
3. One or both of the following:
   1. The product had a faulty condition that was unreasonably dangerous when it left the manufacturer's or vendor's and your injuries are a direct result of that defect, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may be dismissed from the lawsuit if:

• The manufacturer is known, still exists and can afford to reimburse you for the entirety of your damages.
• The distributor signs an affidavit under oath that their only involvement in the process was selling it.
• There is no evidence is brought in front of the court that the seller was involved in any other facet of the design and manufacturing process.
• 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 dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they implied, were otherwise at fault for the hazardous condition or the manufacturer is unable to 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 lawsuit and ensure that every liable party is held accountable.

Missouri Revised Statute §537.764 provides one defense 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 failure to warn product liability lawsuits, and the burden of proof is on the defense.

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

The majority of personal injury suits in Sikeston, MO are determined by 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 Sikeston, MO roads. When someone fails in that responsibility, for example if if there a loose floor boards at a restaurant that cause you to fall they may be found 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 accountable for any injuries a product causes, 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 Sikeston, 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 inherent defect in the design that subsequently passes the defect to all of that product model that go on to be manufactured. 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 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 bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
3. Insufficient Warnings and Instructions: 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 come about 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 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 encourage corporations to implement comprehensive safety procedures for guaranteeing that their products will not pose a danger to the public. 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 cause any damage. When that happens, your Burger Law defective products lawyer in Sikeston, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in Sikeston, MO

An oft-used defense for manufacturers in a product liability lawsuit is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to argue that you are responsible for a portion of your damages and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt a defendant makes to eschew their responsibility to reimburse you for the harm they have caused. Your Sikeston, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According to the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances are relevant in your case:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor 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. By contrast, if you use a loaded rifle 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 manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid fault but can significantly reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car wreck. 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 called as "Assumption of the risk," a theory 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. 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 labeling can often protect someone in the stream of commerce from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you followed recommended safety measures.
• 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 refuse to return to work when you are healthy enough to do so. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the chain of distribution can — and will — assert that comparative negligence applies to your case, that does not mean they will be successful. Bullying corporations and insurance companies use numerous tricks to try and devalue your claim, but your Sikeston, MO defective products lawyer at Burger Law knows how to combat them. We know these companies are unfair 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 get, and you do not pay us anything until you get the great compensation you deserve. Call Burger Law today at (314) 500-HURT for legal advocacy that rivals and exceeds that of bullying manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Sikeston, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Sikeston, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause collisions and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous motor vehicle parts we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wiring
• Wheels
• Door latches
• Accelerators

Alternative vehicles like 4-wheelers can also cause harm, 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 Sikeston, 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. Examples of medical devices that your Burger Law defective products lawyer in Sikeston, MO has seen be defective are:

• Artificial hips, knees or other joints that can lead to infections, instability, pain or recurring dislocations
• Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
• Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause perforated organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can pierce organs, result in pelvic pain, excessive blood loss and unplanned pregnancies

As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly owing to 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 more than 73,000 defective heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of improving our lives. If a flawed medical device ended up aggravating your condition, your Sikeston, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

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 degrade sooner than anticipated and have caused unimaginable pain and permanent damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was made aware of the defect 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 Sikeston, MO

The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. 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. That means that many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line over the safety of the people they are supposed to be helping. 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 Sikeston, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

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 had your condition worsen because of reckless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer as soon as possible. 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 Sikeston, MO include:

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

Every Burger Law defective products lawyer in Sikeston, MO knows that being hurt by a faulty product can completely disrupt your life. That is why we have committed our careers to seeing the injured in Sikeston and throughout Missouri receive full compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on getting you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Sikeston, 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 Sikeston, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.