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Defective Products Lawyer in Boone County, MO.

Defective Products Lawyer in Boone County, MO. If you or someone you care about was injured by a dangerous product, reach out to a Burger law defective products lawyer in Boone County, MO immediately at (314) 500-HURT or fill out our online form for a free case review.

Think of what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around heavy equipment, and/or use your android at various times during the day. You may drive go-carts on your free days. 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 has gone through various stages of design and production before it reaches the buyer. When there is a breakdown in the stream of commerce and a product becomes defective, it can cause serious injuries to you and your Boone County, MO family. If tragedy struck you, you need the skilled and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the maximum compensation you deserve.

In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have won our clients in Boone County and throughout Missouri more than $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 Boone County, MO today at (314) 500-HURT.

If you were injured by a faulty product in Boone County, MO, see the true value of your claim 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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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Boone County, MO:

How Common Are Defective Products in Boone County, MO?

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

Based on statistics 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 speaks to the extreme devastation that can be caused when manufacturers and vendors do not obey the rules.

If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Boone County, MO for compassionate, committed and talented support and legal representation.

How Defective Products Claims Work in Boone County, MO

According to Missouri Revised Statute §537.760, you and your Boone County, MO defective products lawyer can file a "strict liability" suit if three factors are met:

  1. The company was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a way rationally anticipated.
  3. One or both of the following:
    1. The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor's that caused you direct harm, 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. Pursuant to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can be dismissed from the case if:

  • The manufacturer is known, has not closed their business and can afford to reimburse you for the entirety of your damages.
  • The seller makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case presents evidence that the vendor took part in any other aspect of the stream of commerce.
  • The dismissal is requested to the court no later than 60 days after the complaint is filed.

If the above conditions are met, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise liable for the dangerous condition or the manufacturer is unable to reimburse you 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 claim and ensure that every at-fault party is held responsible.

Missouri Revised Statute §537.764 mentions a caveat 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 was introduced to the public. This defense is only applicable to for failure to warn product liability lawsuits, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury suits in Boone County, MO depend on the concept of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Boone County, MO roads. When someone fails in that duty, for example if are injured by a fatigued truck driver they may 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 claims are determined by strict liability, meaning that a designer, manufacturer or vendor is liable for any damage that stems from the reasonable use of a product, 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 Boone County, 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 defect in the design that subsequently passes the imperfection 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: A product can be designed effectively and safely but still become hazardous because of a failure 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 a tainted batch of something intended for drinking containing a poisonous substance.
  3. Insufficient Warnings and Instructions: 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 arise 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 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 risks that a reasonable person would foresee. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to incentivize corporations 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 their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Boone County, MO will hold them responsible by conducting a full investigation of your case and insisting on only maximum compensation.

Comparative Negligence in Defective Productions Claims in Boone County, MO

An oft-used defense for manufacturers in a product liability claim is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to argue that you are liable for a portion of the fault and, therefore, they are not liable for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent at fault for the accident, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt an entity involved in the stream of commerce makes to eschew their obligation to pay you for the damage their product did to you. Your Boone County, MO defective products lawyer at Burger Law sees through that. 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 manner 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, 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 use a loaded gun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not be expected to foresee that use of the product.
  • 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 reduce it but can significantly diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car collision. 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
  • You failed to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you adhered to recommended precautions.
  • You failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. For example, you cannot seek unnecessary medical treatment. 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 defense can — and will — assert that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies employ numerous tricks to try and devalue your claim, but your Boone County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect 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 now at (314) 500-HURT for legal counsel that parallels and surpasses that of resistant manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Boone County, MO

Our defective products lawyer team sees in Boone County, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. 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 fail to protect drivers and passengers from harm as intended. Common defective car components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wiring
  • Wheels
  • Steering systems
  • 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 Boone County, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Boone County, MO has seen be defective are:

  • Artificial joints that can lead to infections, limited mobility, pain or recurring dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on hard to reach areas which, when they malfunction, can lead to perforated organs, infections and electrical burns
  • Blood clot filters that allow free-floating blood clots to travel up to the lungs
  • Permanent birth control devices that can pierce organs, cause pain in the pelvic region, abnormal bleeding 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 problems with software.

In 2017, the U.S. Health and Human Services Department found that in the course of a decade Medicare spent at least $1.5 billion to replace more than 73,000 faulty heart devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a flawed medical device caused you injuries, your Boone County, 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 unneeded pain you experienced.

In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements deteriorate too quickly and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Boone County, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must follow 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 drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people who need medicine and treatments that truly help their condition. 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 Boone County, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Hundreds of thousands of drugs and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you love received injuries because of irresponsible pharmaceutical companies and corporations, reach out to 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 successfully won claims for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other examples of defective products we see in Boone County, 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

Boone County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Boone County, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we have committed our careers to seeing the injured in Boone County and throughout Missouri be compensated 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 getting you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Boone County, 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 Boone County, MO right away at (314) 500-HURT or contact us online to start on the path to a true recovery.

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