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Defective Products Lawyer in Blue Springs, MO.

Defective Products Lawyer in Blue Springs, MO. If you or someone you care about was injured by a dangerous product, get in touch with a Burger law defective products lawyer in Blue Springs, MO right away at (314) 500-HURT or fill out our online form for a free consultation.

Imagine what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your car, sit by a computer or work around machines, and/or use your android on and off throughout the day. You may go 4-wheeling on your free days. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the shelves. When there is an oversight in the chain of distribution and a product becomes dangerous, it can cause severe injuries to you and your Blue Springs, MO family. When that happens to you, you need the skilled and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and deliver you the best possible compensation you are owed.

In our three decades of negotiation, litigation and trial experience, we have won our clients in Blue Springs and throughout Missouri in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Blue Springs, MO today at (314) 500-HURT.

If you were hurt by a faulty product in Blue Springs, MO, see how much your claim may be worth by using our free 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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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Blue Springs, MO:

How Common Are Defective Products in Blue Springs, MO?

The Consumer Product Safety Commission states that hazardous products result in more than 29 million injuries and 21,000 deaths each year.

Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme ruin that can be caused when manufacturers and vendors do not adhere to proper safety measures.

If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Blue Springs, MO for passionate, committed and skilled support and legal advocacy.

How Defective Products Claims Work in Blue Springs, MO

Under Missouri Revised Statute §537.760, you and your Blue Springs, MO defective products lawyer can can hold a person or company accountable for your damages if three factors are true:

  1. The company was involved in the product's stream of commerce.
  2. The product was used in a manner rationally foreseen.
  3. Either or both of the following conditions:
    1. The product was in a faulty condition that was unreasonably dangerous when you bought the product that was the proximate cause of your injuries, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "chain of distribution" refers to anyone involved in the product from initial design to sale, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling 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 makes an affidavit under oath that their only involvement in the stream of commerce 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 dismissal is requested to the court within 60 days.

If those conditions are satisfied, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise at fault for the fault or the manufacturer cannot reimburse 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 compensation you deserve.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense will only work for for inadequate warning product liability claims, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in Blue Springs, MO are decided by the idea 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 are injured by a fatigued truck driver they can be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or defective products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is liable for any damage 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 Blue Springs, 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 imperfection in the design that subsequently affects all of that product model that go on to be manufactured. An example is an improperly designed safeguard on a power tool.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous 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 bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
  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 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 typically does not have to warn against risks that a reasonable person would anticipate. For instance, 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 verifying that their products will not put the people who use it at risk. Even so, too often corporations are negligent and concentrate more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Blue Springs, MO will fight by your side and demand only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Blue Springs, MO

A common defense for manufacturers in a defective products claim is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the chain of distribution to posit that you are responsible for a portion of the fault 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 liable for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to avoid their obligation to pay you for the harm they have caused. Your Blue Springs, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:

  • 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, 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. 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 reasonably foresee that happening.
  • You used the product in a way 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 significantly reduce it. Say 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 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 whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
  • 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You neglected to 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 were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not obeyed proper protocols.
  • You failed to try to keep your damages to a minimum. In any personal injury claim, you are ethically bound 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 the defense can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies employ a lot of deceitful tactics to try and devalue your claim, but your Blue Springs, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you are awarded, and we do not collect any attorney's fees until we win your case. Call Burger Law today at (314) 500-HURT for legal counsel that matches and exceeds that of resistant manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Blue Springs, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Blue Springs, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. 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 automobile parts we see are:

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

Alternative vehicles like ATVs 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 Blue Springs, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further injuries when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Blue Springs, MO has seen cause further injuries to patients are:

  • Artificial hips, knees or other joints that can lead to infections, limited mobility, chronic soreness or frequent dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots intended to operate on hard to reach areas which, when faulty, can result in perforated organs, infections and internal burns
  • Blood clot filters that allow free-floating blood clots to travel up to the lungs
  • Permanent birth control implements that can perforate organs, lead to pain in the pelvic region, excessive bleeding and unintended pregnancies

As the medical industry keeps implementing new technologies, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the chief cause.

In 2017, the U.S. Health and Human Services Department announced that throughout 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 defective cardiovascular devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a flawed medical device ended up aggravating your condition, your Blue Springs, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were designed to 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 contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Blue Springs, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must obey from manufacturing to sale. 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 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 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 Blue Springs, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

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 someone you love had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer as soon as possible. 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 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 collect compensation for our clients for in Blue Springs, MO include:

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

Call Burger Law Now

Blue Springs, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Blue Springs, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we have pledged our careers to seeing the injured in Blue Springs and throughout Missouri receive fair compensation 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 immediately 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 Blue Springs, 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 Blue Springs, MO now at (314) 500-HURT or contact us online to take the first step toward true healing.

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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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