Defective Products Lawyer in Webb City, MO.

Defective Products Lawyer in Webb City, MO. If you or a family member was injured by a dangerous product, reach out to a Burger law defective products lawyer in Webb City, MO today at (314) 500-HURT or fill out our online form for a free case review.

Think of what your daily like looks like: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your car, sit by a computer or work around heavy machinery, and/or use your cell phone at various times during the day. You may use lawnmowers on your free days. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be engineered, manufactured, shipped and bought. When there is an oversight in the chain of distribution and a product becomes dangerous, it can cause serious harm to you and your Webb City, MO family. When that happens to you, you need the accomplished and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the best possible financial recovery you are owed.

In our In our 70 years of combined experience fighting for fairness and justice, we have delivered our clients in Webb City and throughout Missouri more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Webb City, MO immediately at (314) 500-HURT.

If you were harmed by a dangerous product in Webb City, MO, see the true value of your case by using our free personal injury calculator.



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

Webb City, MO Defective Products Statistics

The Consumer Product Safety Commission has found that hazardous products are responsible for over 29 million injuries and 21,000 fatalities annually.

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 shows the incredible devastation that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.

If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Webb City, MO for understanding, devoted and experienced support and legal representation.

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

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

1. The defendant was involved in the product's design, manufacture, distribution and sale.
2. You used the product in a way logically anticipated.
3. Either or both of the following conditions:
   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. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the claim if:

• You discover who the manufacturer is, it has not closed their business and is able to pay for all of your injuries.
• The entity that sold it makes an affidavit under oath that their only involvement in the process was selling it.
• No other party in the case comes forward with evidence that the vendor took part in any other aspect of the stream of commerce.
• The motion to dismiss is filed within 60 days.

If the aforementioned conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise liable for the fault or the manufacturer cannot pay 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 accountable.

Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense is only applicable to for failure to warn defective products lawsuits, 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 claims in Webb City, MO depend on the conception of negligence. We all owe each other a duty of care in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they may be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or dangerous products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product 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 Webb 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 innate flaw in the design that subsequently affects all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of a failure in the manufacturing process. This can either only make one product faulty, 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 bugs or other contaminants found in beverages or a swing set with a cracked chain.
3. Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about inherent dangers. 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 match could start a fire.

Strict liability is intended to hold corporations accountable and persuade them to implement thorough safety procedures for ensuring the safety of their products. However, too often corporations do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Webb City, 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 Webb City, MO

A common defense for manufacturers in a dangerous product lawsuit is that you are at fault for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to argue that you are liable for a portion of your damages and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for the accident, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to avoid their duty to pay you for the damage their product did to you. Your Webb City, 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 way the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect a consumer to use it. 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. On the other hand, if you put wheels on a chair and are injured racing it down the street, 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 the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid liability but can significantly reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto collision. 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 concept in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
• You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously hurt 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 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 they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.

Just because people in the stream of commerce can — and will — try to convince the court that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies implement myriad deceitful tactics to try and minimize your claim, but your Webb City, MO defective products lawyer at Burger Law knows how to combat them. We know these companies 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 collect, and you owe us nothing until we win your case. Call Burger Law right away at (314) 500-HURT for legal counsel that parallels and exceeds that of bullying manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Webb City, MO

Our defective products lawyer team sees in Webb 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, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and lead to further injuries when the safety components to not work as they should. Common faulty motor vehicle parts we see are:

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

Alternative vehicles like 4-wheelers can also cause injuries, 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 Webb City, MO

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

• Artificial hips, knees or other joints that can result in infections, instability, chronic soreness or recurring dislocations
• Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
• Surgical robots designed to operate on hard to reach areas which, when faulty, can lead to pierced organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can perforate organs, lead to pain in the pelvic region, excessive blood loss and unwanted pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have gone up exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of problems with software.

In 2017, the U.S. Health and Human Services Department stated that throughout 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 faulty heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you damages, your Webb City, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused incredible pain and permanent 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 read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Webb City, 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. With no absolute third-party testing many drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people who need medicine and treatments that truly help their condition. 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 Webb City, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Four thousand five hundred drugs 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 a loved one received injuries because of irresponsible pharmaceutical companies and corporations, reach out to 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 examples of dangerous products we see in Webb City, MO include:

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

Every Burger Law defective products lawyer in Webb City, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your life. That is why we endeavor to see the injured in Webb City and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we do not hesitate to start working on securing you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Webb City, MO family. We will fight by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Webb City, MO right away at (314) 500-HURT or contact us online to take the first step toward a true recovery.