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Defective Products Lawyer in Bolivar, MO.

Defective Products Lawyer in Bolivar, MO. If you or a loved one sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Bolivar, MO right away at (314) 500-HURT or fill out our online form for a free case evaluation.

Think of your daily routine: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your car, sit at in a chair or work around technology, and/or use your cell phone on and off throughout the day. You may drive go-carts on the weekend. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was designed, produced, shipped and sold. When there is an error in the stream of commerce and a product becomes dangerous, it can have a disastrous impact on Bolivar, MO individuals and families. If tragedy struck you, you need the accomplished and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the great financial recovery you are owed.

In our In our 70 years of combined experience fighting for fairness and justice, we have gotten our clients in Bolivar and throughout Missouri more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Bolivar, MO immediately at (314) 500-HURT.

If you were harmed by a defective product in Bolivar, MO, find out the true value of your case by filling out 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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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Bolivar, MO:

How Common Are Defective Products in Bolivar, MO?

The Consumer Product Safety Commission estimates that dangerous products result in more than 29 million injuries and 21,000 deaths annually.

According to 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 destruction an unsafe product can cause.

If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Bolivar, MO for understanding, committed and knowledgeable support and legal advocacy.

How Defective Products Claims Work in Bolivar, MO

Pursuant to Missouri Revised Statute §537.760, you and your Bolivar, MO defective products lawyer can file a "strict liability" suit if three conditions are true:

  1. The person was part of the product's design, manufacture, distribution and sale.
  2. You used the product in a way reasonably foreseen.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or distributor's and your injuries are a direct result of that defect, and/or
    2. You were injured because there was a hazardous 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 sale, including a distributor or seller. Under Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may avoid liability if:

  • The manufacturer is known, has not closed their business and is able to pay for all of your injuries.
  • The seller signs an affidavit under oath that their only involvement in the process was selling it.
  • There is no evidence is presented to the court that the vendor was involved in any other facet of the design and manufacturing process.
  • The dismissal is requested to the judge within 60 days.

If the aforementioned 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 to blame for the defect or the manufacturer is unable to pay for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great financial recovery you are owed.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense is only valid for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury lawsuits in Bolivar, MO depend on the concept of negligence. We all have a duty to each other's safety in certain situations; for example, doctors must treat their Bolivar, MO patients with a standard of care. When someone is negligent, for instance if are injured by a fatigued truck driver they may be held liable for your damages and would owe you a financial recovery.

However, most product liability or dangerous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is liable for any injuries 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 Bolivar, 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 you acquired it.

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 affects all products with the same design. 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 mistakes 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 using the wrong kind of screws or bolts.
  3. Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused injury because it did not give proper instructions or warnings about inherent risks. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product generally does not have to warn against obvious risks. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to encourage corporations to implement exhaustive safety protocols for guaranteeing that their products will not put the people who use it at risk. However, too often companies do not value our safety and try to focus more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Bolivar, MO will hold them accountable by conducting a full investigation of your case and insisting on only the best possible compensation.

Comparative Negligence in Defective Productions Claims in Bolivar, MO

Manufacturers, sellers 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 those in the chain of distribution to put forth the argument that you share a portion of your injuries and, therefore, they are not liable for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent liable for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to avoid their duty to pay you for the damage their product did to you. Your Bolivar, MO defective products lawyer at Burger Law will not let them get away with it. Under the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are present in your case:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, 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 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 the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably decrease it but can considerably lower it. Say 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 knew of inherent hazards of the product while you were using it. This is often called as "Assumption of the risk," a theory 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 say that any reasonable person would have known that they could be seriously injured doing such a thing.
  • You neglected to take necessary safety precautions. 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 are your fault because you had not followed proper protocols.
  • You failed to 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 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 you share part of the blame, that does not mean the claim is automatically true. Bullying corporations and insurance companies implement a lot of tricks to try and lower your claim, but your Bolivar, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who have never had to file a lawsuit before. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you receive, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law today at (314) 500-HURT for legal counsel that matches and exceeds that of resistant manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Bolivar, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Bolivar, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not work as they should. Common defective car components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical systems
  • Wheels
  • Door latches
  • Accelerators

Alternative vehicles like ATVs can also cause damage, 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 Bolivar, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us even more injuries when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Bolivar, MO has seen be defective include:

  • Artificial hips, knees or other joints that can lead to infections, instability, pain or frequent dislocations
  • Pacemakers, which can cause infections or even wrongful death because of premature failures
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can result in pierced organs, infections and internal burns
  • Blood clot filters that permit free-floating blood clots to slip into the lungs
  • Permanent birth control devices that can puncture organs, result in pelvic pain, excessive hemorrhaging and unwanted pregnancies

As the medical industry becomes more high-tech, medical device recalls have soared. In the first three months 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 reported that throughout 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 faulty heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of helping us. If a faulty medical device ended up worsening your condition, your Bolivar, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect 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 incorrectly packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was retained 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 view our original complaint here:

View Complaint

Defective Drug Lawyer in Bolivar, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must obey from manufacturing to delivery. 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 prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies care more about the money they make more than the safety of the people who need medicine and treatments that truly help their condition. 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 Bolivar, MO to stand up to these bullying corporations and make them realize 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 a loved one had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, contact 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 responsible when their actions have taken someone from their family too soon.

Other examples of defective products we file suit for in Bolivar, 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

Bolivar, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Bolivar, MO knows that being harmed by a hazardous product can completely upend your life. That is why we have pledged our lives to seeing the vulnerable in Bolivar and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on delivering you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical toll your injury has taken on you and your Bolivar, 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 Bolivar, MO today at (314) 500-HURT or contact us online to start on the path to being made whole again.

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