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Defective Products Lawyer in Aurora, MO.

Defective Products Lawyer in Aurora, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Aurora, MO immediately at (314) 500-HURT or fill out our online form for a free consultation.

Imagine your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around heavy equipment, and/or use your cell phone on and off throughout the day. You may go 4-wheeling on the weekend. 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 designed, manufactured, shipped and sold. When there is an error in the stream of commerce and a product becomes dangerous, it can cause severe injuries to you and your Aurora, MO family. If tragedy struck you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and get you the best possible financial recovery you are owed.

In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have secured our clients in Aurora and beyond over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Aurora, MO today at (314) 500-HURT.

If you were hurt by a dangerous product in Aurora, MO, find out 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 helpful links and FAQS from your Burger Law defective products injury lawyer in Aurora, MO:

How Common Are Defective Products in Aurora, MO?

The Consumer Product Safety Commission states that faulty products cause over 29 million injuries and 21,000 fatalities every year.

Based on 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 speaks to the unbelievable harm that can be caused when manufacturers and distributors do not obey proper safety measures.

If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Aurora, MO for empathetic, devoted and expert support and legal representation.

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

Under Missouri Revised Statute §537.760, you and your Aurora, MO defective products lawyer can can hold a person or corporation accountable for your damages if three conditions are met:

  1. The defendant was part of the product's stream of commerce.
  2. You used the product in a way easily anticipated.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably hazardous when you bought the product that caused you direct harm, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product may be dismissed from the suit if:

  • The manufacturer is known, still does business and is financially capable of reimbursing you for all of your damages.
  • The distributor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is brought in front of the court that the seller was involved in any other aspect of the chain of distribution.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If those conditions are satisfied, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise responsible for the defect or the manufacturer is unable to reimburse you for all of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every to-blame party is held responsible.

Missouri Revised Statute §537.764 provides one defense 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 will only work for for inadequate warning defective products claims, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury claims in Aurora, MO depend on the concept of negligence. We all have a duty to each other's safety 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 may be found accountable for your damages and would have to pay you a financial recovery.

By contrast, most product liability or dangerous products cases are determined by strict liability, meaning that a designer, manufacturer or vendor is to blame for any damage that results the reasonable use of a product, 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 Aurora, 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 fault in the design that afterwards passes the defect to 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: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either affect only one product, 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. 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 instead when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about 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 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 instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement thorough safety protocols for verifying the safety of their products. Even so, too often companies do not value our safety and try to focus more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Aurora, MO will fight on your behalf and demand only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Aurora, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the defendants to argue that you share a portion of your injuries 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 at fault for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt an entity involved in the chain of distribution makes to avoid their obligation to reimburse you for the harm they have caused. Your Aurora, MO defective products lawyer at Burger Law will not let them get away with it. 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 seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant for sitting, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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 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 considerably diminish it but can considerably lower 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 wherein, if a plaintiff knowingly enters into a dangerous activity, 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 did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not followed recommended safety measures.
  • 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 you have no right to ask them for money they do not owe you.

Just because the manufacturer or seller can — and will — work hard to persuade a jury that comparative negligence applies to your case, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies implement a lot of tricks to try and lower your claim, but your Aurora, 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 works on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you are awarded, and you owe us nothing until we win your case. Get in touch with Burger Law right away at (314) 500-HURT for legal advocacy that rivals and eclipses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Aurora, MO

Our defective products lawyer team sees in Aurora, 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, over 53.1 million recalls were issued both for entire vehicles and individual components. 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 components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Tires
  • Door latches
  • Headlights and taillights

Offroad 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 Aurora, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Aurora, MO has seen cause further injuries to patients include:

  • Artificial hips, knees or other joints that can lead to infections, limited mobility, chronic soreness or repeated dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
  • Robotic surgical assistants intended to operate on hard to reach areas which, when faulty, can cause pierced 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 perforate organs, cause pelvic pain, excessive bleeding and unwanted pregnancies

As the medical industry keeps coming up with more and more advanced technologies, medical device recalls have increased exponentially. In the first three months 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 reported that in the course of 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of easing it. If a defective medical device caused you damages, your Aurora, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February of this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements deteriorate too quickly and have caused unthinkable pain and permanent damage to possibly as many as 150,000 people 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 got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Aurora, MO

The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. With no absolute third-party testing many medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies 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 Aurora, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.

Hundreds of thousands of medications and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love received injuries because of irresponsible pharmaceutical companies and corporations, call 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 they have caused. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from this world too soon.

Other examples of dangerous products we see in Aurora, MO include:

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

Call Burger Law Now

Aurora, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Aurora, MO knows that being harmed by a dangerous product can completely disrupt your life. That is why we strive to see the injured in Aurora 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 bills and lost wages, as well as the emotional and physical toll your injury has inflicted on you and your Aurora, 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 Aurora, MO right away at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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