Defective Products Lawyer in Warrensburg, MO.

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

Think of what your daily like looks like: 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 by a computer or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may go boating on the weekend. You may even have a pacemaker 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 buyer. When there is a breakdown in that process and a product becomes defective, it can cause serious injuries to you and your Warrensburg, 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 win you the best possible financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have won our clients in Warrensburg and beyond over $170 million. Our initial case evaluations 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 Warrensburg, MO now at (314) 500-HURT.

If you were harmed by a dangerous product in Warrensburg, MO, learn how much your claim may be worth by utilizing our free personal injury calculator.



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

How Common Are Defective Products in Warrensburg, MO?

The Consumer Product Safety Commission estimates that defective products are responsible for over 29 million injuries and 21,000 fatalities every year.

According to statistics 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 harm an unsafe product can cause.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Warrensburg, MO for understanding, devoted and knowledgeable support and legal advocacy.

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

According to Missouri Revised Statute §537.760, you and your Warrensburg, MO defective products lawyer can can hold a person or company liable for your injuries if three conditions are true:

1. The corporation was involved in the product's stream of commerce.
2. You used the product in a manner easily expected.
3. One or both of the following:
   1. The product had a faulty condition that was unreasonably hazardous when the product was sold 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 involved in the product from initial conception to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can be dismissed from the case if:

• The manufacturer is known, has not closed their business and is financially capable of reimbursing you for all of your damages.
• The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• There is no evidence is presented to the court that the seller took part in any other part of the stream of commerce.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If those conditions are satisfied, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they had a larger role in the production of the product than they led on, were otherwise responsible for the defect or the manufacturer is unable to compensate you 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 that every to-blame party is held accountable.

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 valid for failure to warn defective products cases, and the burden of proof is on the defense.

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

Most personal injury lawsuits in Warrensburg, MO are won or lost based on the idea of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, doctors must treat their Warrensburg, MO patients with a standard of care. When someone fails in that responsibility, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found accountable for your damages and would owe you a financial recovery.

By contrast, most product liability or hazardous products cases are determined by strict liability, meaning that anyone in the chain of distribution is to blame 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 Warrensburg, 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 fault in the design that subsequently passes the flaw to all products with the same design. An example is an electrical appliance that can overheat and cause fires.
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 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 a swing set with a cracked chain.
3. Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about inherent dangers. 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. The company that makes a product generally does not have to warn against dangers that a reasonable person would anticipate. 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 comprehensive safety procedures for guaranteeing that their products will not pose a danger to the public. Even so, too often corporations do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Warrensburg, MO will hold them accountable by conducting a full investigation of your case and demanding only complete compensation.

Comparative Negligence in Defective Productions Claims in Warrensburg, MO

A common defense for manufacturers in a dangerous product lawsuit is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce to posit that you are responsible for a portion of the fault and, therefore, they are not liable for the full extent of your damages. 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, claims of comparative fault are a dishonest attempt an entity involved in the stream of commerce makes to avoid their responsibility to pay you for the damage their product did to you. Your Warrensburg, MO defective products lawyer at Burger Law sees through that. Under 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 seller is only has to make a product safe for ways that they can expect the public to use it. 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. 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 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 totally avoid fault but can considerably decrease 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 wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
• 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 take necessary safety precautions. 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 did not mitigate your damages. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 defense can — and will — work hard to persuade a jury 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 employ myriad dishonest ruses to try and devalue your claim, but your Warrensburg, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations will try everything to avoid paying you 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 we collect a moderate percentage of the compensation you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal counsel that rivals and surpasses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Warrensburg, MO

Our defective products lawyer team sees in Warrensburg, 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 recalls were issued both for entire vehicles and individual components. Defective car parts can lead to wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common faulty automobile components we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Tires
• Door latches
• Accelerators

Alternative vehicles like ATVs 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 Warrensburg, MO

We trust 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 installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Warrensburg, MO has seen be defective are:

• Artificial hips, knees or other joints that can result in infections, limited mobility, pain or recurring dislocations
• Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as expected
• Robotic surgical assistants designed to operate on hard to reach areas which, when faulty, can cause pierced organs, infections and internal burns
• Blood clot filters that permit free-floating blood clots to travel up to the lungs
• Permanent birth control implements that can pierce organs, cause pelvic pain, abnormal bleeding and unwanted pregnancies

As the medical industry keeps inventing more and more advanced technologies, medical device recalls have gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the leading cause.

In 2017, the U.S. Health and Human Services Department stated that in the course of 10 years Medicare paid out at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Warrensburg, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused incredible pain and lifelong damage to possibly as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was retained by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Warrensburg, MO

The Federal Drug Administration has firm procedures 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. With no absolute independent testing many drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than 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 Warrensburg, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Four thousand five hundred 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 loved one received injuries because of careless pharmaceutical companies and manufacturers, get in touch with 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from this world too soon.

Other common defective products we collect compensation for our clients for in Warrensburg, 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 Warrensburg, MO knows that being injured by a dangerous product 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 Warrensburg and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. 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 mental and physical toll your injury has taken on you and your Warrensburg, 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 Warrensburg, MO right away at (314) 500-HURT or contact us online to take the first step toward being made whole again.