Defective Products Lawyer in Smithville, MO.

Defective Products Lawyer in Smithville, MO. If you or a loved one sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Smithville, MO right away at (314) 500-HURT or fill out our online form for a complimentary case review.

Imagine your daily routine: You may have a skincare routine or put on some 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 throughout the day. You may go 4-wheeling on your days off. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of product that at one point was designed, produced, shipped and bought. When there is a mistake in that process and a product becomes defective, it can cause severe harm to you and your Smithville, MO family. When that happens to you, you need the knowledgeable and committed legal representation of Burger Law's defective products lawyer team to stand in your corner and get you the maximum financial recovery you are owed.

In our In our 30 years of experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Smithville and beyond more than $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Smithville, MO immediately at (314) 500-HURT.

If you were injured by a dangerous product in Smithville, MO, see 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 Smithville, 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?

Smithville, MO Defective Products Statistics

The Consumer Product Safety Commission has found that faulty products are responsible for in excess of 29 million injuries and 21,000 deaths annually.

Based on facts 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 destruction that can be caused when manufacturers and distributors do not obey adequate safety protocols.

If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Smithville, MO for compassionate, dedicated and talented support and legal advocacy.

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

Under Missouri Revised Statute §537.760, you and your Smithville, MO defective products lawyer can can hold a person or corporation to blame for your damages if three factors are met:

1. The defendant 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 dangerous when it left the manufacturer's or distributor's that caused you direct harm, 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 design to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the lawsuit if:

• The manufacturer is known, still does business and is able to pay for the entirety of your damages.
• The vendor makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
• There is no evidence is submitted to the court that the seller was involved in any other aspect of the stream of commerce.
• The dismissal is requested to the court no later than 60 days after the complaint is filed.

If those conditions are fulfilled, 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 cannot compensate you for all of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held responsible.

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 was introduced to the public. This defense will only work for for inadequate warning defective products claims, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury suits in Smithville, MO depend on the idea of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if are injured by a fatigued truck driver they might be found liable for your damages and would owe you a financial recovery.

However, most product liability or defective products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is at fault for any injuries that stems from 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 Smithville, 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 imperfection in the design that afterwards affects all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous 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 dangerous chemicals. An example could be incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This occurs when the product was not dangerous 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 failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer typically 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 intended to encourage corporations to implement exhaustive safety protocols for guaranteeing that their products will not put the people who use it at risk. Even so, too often corporations do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Smithville, MO will fight by your side and insist on nothing but a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Smithville, MO

A common defense for manufacturers in a dangerous product case is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the chain of distribution to posit that you share a portion of the fault and, therefore, they are not liable 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 to blame for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt an entity involved in the stream of commerce makes to eschew their duty to reimburse you for the damage their product did to you. Your Smithville, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. 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 distributor 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. By contrast, 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 reasonably foresee that use of the product.
• 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 totally avoid liability but can considerably decrease it. Say 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 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 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 injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you obeyed proper protocols.
• You failed to mitigate your damages. In any personal injury claim, you are expected to try to lessen the financial recovery 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 vendor can — and will — work hard to persuade a jury that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies employ numerous dishonest ruses to try and minimize your claim, but your Smithville, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the compensation you collect, and you owe us nothing until you get the great compensation you deserve. Call Burger Law today at (314) 500-HURT for legal representation that matches and exceeds that of bullying manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Smithville, MO

Our defective products lawyer team sees in Smithville, 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 recalls were issued both for entire vehicles and individual parts. Defective car parts can cause wrecks and fires, and fail to protect occupants from harm as intended. Common dangerous motor vehicle components we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Tires
• Seats
• Accelerators

Offroad vehicles like ATVs can also cause damage, 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 Smithville, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Smithville, MO has seen cause further injuries to patients are:

• Artificial joints that can result in infections, instability, chronic soreness or repeated dislocations
• Cardiovascular devises, which can cause 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 they do not work properly, can result in pierced organs, infections and electrical burns
• Blood clot filters that allow dislodged blood clots to invade the lungs
• Permanent birth control devices that can perforate organs, cause pelvic pain, abnormal bleeding and unplanned pregnancies

As the medical industry becomes more high-tech, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the foremost factor.

In 2017, the U.S. Health and Human Services Department reported that in the course 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 helping us. If a flawed medical device ended up aggravating your condition, your Smithville, 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 unneeded pain you experienced.

In February of this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused incredible pain and lifelong damage to potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was contacted 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 by clicking the link below:

View Complaint

Defective Drug Lawyer in Smithville, MO

The Federal Drug Administration has firm 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 medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Smithville, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

Hundreds of thousands of drugs and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or a family member sustained injuries because of reckless pharmaceutical companies and corporations, reach out to 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 held opioid manufacturers responsible when their selfishness has taken someone from their family too soon.

Other common dangerous products we file suit for in Smithville, MO include:

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

Every Burger Law defective products lawyer in Smithville, 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 dedicated our lives to seeing the injured in Smithville 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 immediately start working on securing 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 Smithville, 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 Smithville, MO now at (314) 500-HURT or contact us online to start on your journey to a true recovery.