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Defective Products Lawyer in Ashland, MO.

Defective Products Lawyer in Ashland, MO. If you or someone you love sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Ashland, MO now at (314) 500-HURT or fill out our online form for a complimentary consultation.

Imagine what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around heavy equipment, and/or use your android throughout the day. You may drive go-carts on your free days. 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 market. When there is a breakdown in the chain of distribution and a product becomes hazardous, it can cause severe injuries to you and your Ashland, MO family. If tragedy struck you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the great compensation you are owed.

In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have secured our clients in Ashland and throughout Missouri more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Ashland, MO today at (314) 500-HURT.

If you were hurt by a dangerous product in Ashland, MO, learn the true value of your claim by utilizing our complimentary personal injury calculator.



Chesterfield, MO

Chesterfield, MO

100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005

By appointment only

Phone: (314) 648-8348

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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Ashland, MO:

Ashland, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that dangerous products account for in excess of 29 million injuries and 21,000 fatalities each year.

Based on facts 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 harm that can be caused when manufacturers and vendors do not obey the rules.

If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in Ashland, MO for compassionate, committed and skilled support and legal counsel.

How Defective Products Claims Work in Ashland, MO

Under Missouri Revised Statute §537.760, you and your Ashland, MO defective products lawyer can make a "strict liability" claim if three factors are true:

  1. The defendant was involved in the product's stream of commerce.
  2. The product was used in a manner logically anticipated.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, 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 hitting the shelves, from initial design to purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may avoid liability if:

  • The manufacturer is known, still does business and is financially capable of reimbursing you for all of your injuries.
  • The vendor signs 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 distributor was involved in any other facet of the stream of commerce.
  • The dismissal is requested to the judge within 60 days.

If the aforementioned conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise to blame for the fault or the manufacturer is unable to compensate you for the entirety of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery that they owe you.

Missouri Revised Statute §537.764 has an exception 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 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.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury lawsuits in Ashland, MO are based on the conception of negligence. We all have a duty to each other's safety in certain situations; for example, Ashland, MO dog owners must always have control of their dog. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or defective products claims are determined by strict liability, meaning that anyone in the chain of distribution is accountable for any damage 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 Ashland, 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 defect in the design that subsequently passes the fault to all products with the same design. An example is a toy intended for children that contains a choking hazard.
  2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure 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 installing outdated components or not properly fastening components to each other.
  3. Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper 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. The company that makes a product generally does not have to warn against dangers that a reasonable person would foresee. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to incentivize corporations to implement exhaustive safety protocols for ensuring that their products will not put the people who use it at risk. However, too often companies do not value our safety and concentrate more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Ashland, MO will fight by your side and demand nothing but the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Ashland, MO

An oft-used defense for manufacturers in a product liability case is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or seller to argue that you are liable for a portion of your damages and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt a manufacturer makes to eschew their obligation to pay you for the damage their product did to you. Your Ashland, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect the public to use it. 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 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 reasonably foresee that happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly lower it but can significantly diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle wreck. A pharmaceutical company could reasonably see 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 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 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 neglected 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 adhered to proper protocols.
  • You did not mitigate your damages. In any personal injury claim, you have a duty 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 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 comparative fault applies to your claim, that does not mean the claim is automatically true. Large corporations and insurance companies employ a lot of tricks to try and lower your claim, but your Ashland, MO defective products lawyer at Burger Law knows how to combat them. We know these companies will try everything to avoid paying you and try to take advantage of people who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you receive, and you do not pay us anything until you get the great compensation you deserve. Call Burger Law right away at (314) 500-HURT for legal representation that parallels and eclipses that of bullying manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Ashland, MO

Our defective products lawyer team sees in Ashland, 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, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to crashes and fires, and fail to protect drivers and passengers from harm as intended. Common defective automobile components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical systems
  • Tires
  • 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 Ashland, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us even more complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Ashland, MO has seen cause further injuries to patients are:

  • Artificial joints that can lead to infections, limited mobility, pain or repeated dislocations
  • Pacemakers, which can lead to infections or even wrongful death when they do not last as long as anticipated
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to punctured organs, infections and internal burns
  • Blood clot filters that permit free-floating blood clots to invade the lungs
  • Permanent birth control devices that can perforate organs, cause pelvic pain, excessive hemorrhaging and unplanned pregnancies

As the medical industry keeps inventing more and more advanced technologies, the numbers of recalls issued for medical devices has increased exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the major factor.

In 2017, the U.S. Health and Human Services Department reported that over the span of 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a defective medical device caused you damages, your Ashland, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.

Earlier this year, 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 unthinkable pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. 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 our original complaint here:

View Complaint

Defective Drug Lawyer in Ashland, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must adhere to from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. That means that many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Ashland, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you care about had your condition worsen because of reckless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by securing you compensation and holding negligent corporations responsible. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other examples of dangerous products we collect compensation for our clients for in Ashland, MO include:

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

Call Burger Law Now

Ashland, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Ashland, MO knows that being hurt by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have committed our lives to seeing the injured in Ashland 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 getting you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Ashland, 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 Ashland, MO now at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

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