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Defective Products Lawyer in Bethany, MO.

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

Think of your daily routine: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on your bike, sit by a computer or work around heavy machinery, and/or use your iPhone throughout the day. You may drive go-carts on your days off. You may even have a knee replacement or other medical device. It seems we're always using or surrounded by some sort of technology that had to be engineered, manufactured, packaged and sold. When there is a mistake in the chain of distribution and a product becomes defective, it can cause severe injuries to you and your Bethany, 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 deliver you the full 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 Bethany and throughout Missouri in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Bethany, MO today at (314) 500-HURT.

If you were harmed by a dangerous product in Bethany, MO, discover the true value of your case 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 Bethany, MO:

How Common Are Defective Products in Bethany, MO?

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

Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the incredible devastation 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 Bethany, MO for passionate, committed and talented support and legal counsel.

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

According to Missouri Revised Statute §537.760, you and your Bethany, MO defective products lawyer can make a "strict liability" claim if three conditions are true:

  1. The corporation was part of the product's stream of commerce.
  2. You used the product in a way rationally anticipated.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably hazardous when it left the manufacturer's or vendor's 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 involved in the product from initial design to purchase, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product can avoid liability if:

  • The manufacturer is known, still does business and can afford to compensate you for the entirety of your damages.
  • The vendor makes an affidavit under oath that their only involvement in the process was selling it.
  • No other party in the case puts forward evidence that the seller was involved in any other facet of the chain of distribution.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are met, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise at fault for the fault or the manufacturer is unable to 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 accountable.

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 went to market. This defense is only valid for inadequate warning product liability lawsuits, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury claims in Bethany, MO are determined by the notion of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Bethany, MO roads. When someone fails in that responsibility, for example if if there a loose floor boards at a restaurant that cause you to fall they can be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or dangerous products cases are strict liability claims, meaning that a designer, manufacturer or vendor is liable for any injuries that stems from 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 Bethany, 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 passes the fault to all of that product model that go on to be manufactured. 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 dangerous, 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 leaving sharp edges on plastic or other materials.
  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 rather when the manufacturer did not include correct and clear instructions or when there is a danger that could come about from normal use of the product. 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 typically 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 encourage corporations to implement exhaustive safety protocols for verifying 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 spend more energy on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Bethany, MO will hold them accountable by conducting a full investigation of your case and demanding only maximum compensation.

Comparative Negligence in Defective Productions Claims in Bethany, MO

A common defense for manufacturers in a dangerous product claim is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to posit that you are responsible 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 determines that you have $100,000 in damages but finds you were 30 percent to blame for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to get out their obligation to reimburse you for the harm they have caused. Your Bethany, 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 vendor is only has to make a product safe for ways that they can expect a consumer 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 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, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can considerably reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto crash. 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 principle 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. 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 labeling 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 followed recommended precautions.
  • You did not try to keep your damages to a minimum. 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 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 the manufacturer or distributor can — and will — work hard to persuade a jury that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies employ a lot of dishonest ruses to try and devalue your claim, but your Bethany, MO defective products lawyer at Burger Law knows how to fight back against 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 receive, and you owe us nothing until we win your case. Call Burger Law right away at (314) 500-HURT for legal advocacy that matches and surpasses that of bullying manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Bethany, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Bethany, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in collisions and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous automobile parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Tires
  • Steering systems
  • 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 Bethany, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Bethany, MO has seen be defective are:

  • Artificial joints that can lead to infections, limited mobility, pain or recurring dislocations
  • Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
  • Surgical robots designed to operate on hard to reach areas which, when faulty, can cause perforated 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, result in pelvic pain, abnormal blood loss and unintended pregnancies

As the medical industry becomes more high-tech, medical device recalls have increased exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to defects in software.

In 2017, the U.S. Health and Human Services Department announced that in the course of 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a defective medical device caused you injuries, your Bethany, MO defective injuries lawyer at Burger Law will fight for your right to be compensated 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. Their knee replacements were improperly packaged and shipped, causing them to deteriorate too quickly and have caused incredible pain and permanent damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was retained 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 by clicking the link below:

View Complaint

Defective Drug Lawyer in Bethany, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must follow 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. With no absolute independent testing many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line 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 Bethany, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. each year, 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 fight hard to see justice served by winning you compensation and holding negligent corporations accountable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other common dangerous products we see in Bethany, MO include:

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

Call Burger Law Now

Bethany, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Bethany, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Bethany 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 getting you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Bethany, 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 Bethany, MO today at (314) 500-HURT or contact us online to start on your journey to being made whole again.

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