have you been injured by a dangerous product in Missouri? Call Burger Law now.

Defective Products Lawyer in Battlefield, MO.

Defective Products Lawyer in Battlefield, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Battlefield, MO right away at (314) 500-HURT or fill out our online form for a free case review.

Think of your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your vehicle, sit at in a chair or work around heavy equipment, and/or use your iPhone throughout the day. You may go boating on your free days. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was engineered, produced, shipped and sold. When there is an error in the chain of distribution and a product becomes dangerous, it can have a ruinous impact on on your life and lives of those you love in Battlefield, MO. 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 secure you the great compensation you are owed.

In our three decades of negotiation, litigation and trial experience, we have gotten our clients in Battlefield and beyond more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Battlefield, MO immediately at (314) 500-HURT.

If you were hurt by a faulty product in Battlefield, MO, find out how much your claim may be worth by filling out 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

View Location

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

How Common Are Defective Products in Battlefield, MO?

The Consumer Product Safety Commission has found that faulty products result in more than 29 million injuries and 21,000 fatalities each year.

According to 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 shows the incredible devastation an unsafe product can cause.

If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Battlefield, MO for empathetic, committed and experienced support and legal advocacy.

How Defective Products Claims Work in Battlefield, MO

Pursuant to Missouri Revised Statute §537.760, you and your Battlefield, MO defective products lawyer can can hold a person or company to blame for your injuries if three conditions are met:

  1. The company was part of the product's chain of distribution.
  2. The product was used in a way rationally expected.
  3. Either or both of the following conditions:
    1. The product was in a faulty condition that was unreasonably dangerous when the product was sold that caused you direct harm, 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 involved in the product from initial design to purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may be dismissed from the case if:

  • You discover who the manufacturer is, it has not closed their business and can afford to reimburse you for all of your damages.
  • The vendor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case puts forward evidence that the distributor was involved in any other facet of the design and manufacturing process.
  • The motion to dismiss is filed within 60 days.

If the above conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they had a larger role in the engineering of the product than they led on, were otherwise at fault for the fault or the manufacturer cannot reimburse you for the entirety of your injuries, 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 responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be fully understood before use by the consumer. This defense will only work for for inadequate warning defective products lawsuits, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury claims in Battlefield, MO are decided by the idea of negligence. We all have an responsibility to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that responsibility, for instance if sustain an injury because you were hit by a distracted driver they can be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or defective products cases come down to strict liability, meaning that anyone in the chain of distribution is liable for any injuries 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 Battlefield, 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 — at the moment that it came into your possession.

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 afterwards affects all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
  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 affect only one product, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be installing outdated components or a swing set with a cracked chain.
  3. Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about innate risks. 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. The company that makes a product generally does not have to warn against risks that a reasonable person would anticipate. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement comprehensive safety protocols for ensuring that their products will not put the people who use it at risk. Even so, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Battlefield, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in Battlefield, MO

Manufacturers, vendors and anyone else in the stream of commerce will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for the defendants to put forth the argument that you are responsible for a portion of your damages and, therefore, they do not have to pay you 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 at fault for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to avoid their obligation to pay you for the damage their product did to you. Your Battlefield, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may say you bear some or all of the fault if one or several of the following circumstances apply:

  • You did not use the product in a way 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, 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 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 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 completely avoid fault but can significantly diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car accident. 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 referred to as "Assumption of the risk," a principle in tort claims whereby, 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 failed to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you adhered to proper protocols.
  • You did not mitigate your damages. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. For example, you cannot seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the stream of commerce can — and will — assert that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies implement myriad dishonest ruses to try and lower your claim, but your Battlefield, 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 who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you are awarded, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal representation that rivals and surpasses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Battlefield, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Battlefield, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause crashes and fires, and lead to further injuries when the safety components to not function as they should. Common faulty car parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Tires
  • Seats
  • Headlights and taillights

Offroad 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 Battlefield, MO

Medical devices are meant to make our lives better and allow us to live the life we want. 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 Battlefield, MO has seen be defective are:

  • Artificial hips, knees or other joints that can result in infections, instability, pain or repeated dislocations
  • Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can cause punctured organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can pierce organs, result in pelvic pain, abnormal bleeding and unwanted pregnancies

As the medical industry keeps implementing more and more advanced technologies, medical device recalls have increased exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly because of problems with software.

In 2017, the U.S. Health and Human Services Department reported that over the span of a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of improving our lives. If a faulty medical device ended up worsening your condition, your Battlefield, 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was contacted by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint here:

View Complaint

Defective Drug Lawyer in Battlefield, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must obey from manufacturing to sale. 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 drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Battlefield, MO to stand up to these bullying corporations and make them realize 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 family member sustained injuries because of irresponsible pharmaceutical companies and corporations, contact 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 they have caused. 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 collect compensation for our clients for in Battlefield, 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

Battlefield, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Battlefield, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Battlefield 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 wining you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical toll your injury has inflicted on you and your Battlefield, 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 Battlefield, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.

Request a Free Consultation


“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!”

David and Fran Schneider

Hurt? Hire Us Today or call (314) 500-HURT

Other Locations

Schema