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Defective Products Lawyer in Boonville, MO.

Defective Products Lawyer in Boonville, 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 Boonville, MO now at (314) 500-HURT or fill out our online form for a free case review.

Think of your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around heavy equipment, and/or use your iPhone throughout the day. You may drive go-carts on your free days. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that at one point was engineered, produced, packaged and bought. When there is a mistake in the chain of distribution and a product becomes dangerous, it can cause serious harm to you and your Boonville, MO family. If tragedy struck you, you need the experienced and dedicated legal services of Burger Law's defective products lawyer team to stand in your corner and secure 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 Boonville and beyond over $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Boonville, MO immediately at (314) 500-HURT.

If you were harmed by a dangerous product in Boonville, MO, discover how much your claim may be worth by utilizing 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 Boonville, MO:

Boonville, MO Defective Products Statistics

The Consumer Product Safety Commission states that defective products cause over 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 hazardous 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 vendors do not obey proper safety measures.

If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Boonville, MO for compassionate, committed and knowledgeable support and legal advocacy.

How Defective Products Claims Work in Boonville, MO

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

  1. The corporation was part of the product's design, manufacture, distribution and sale.
  2. The product was used in a way easily expected.
  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 seller's and your injuries are a direct result of that defect, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to sale, including the person or entity you bought the product from. Pursuant 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 suit if:

  • You discover who the manufacturer is, it has not closed their business and can afford to pay for all of your damages.
  • The vendor makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
  • No other party in the case submits evidence that the distributor was involved in any other part of the design and manufacturing process.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the aforementioned conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise responsible for the hazardous 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 then be able to call them back to court and ensure you get the great financial recovery you are owed.

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

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury cases in Boonville, MO depend on the conception of negligence. We all have a civil duty to not recklessly cause harm to other people 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 might be found liable for your damages and would owe you compensation.

However, most product liability or defective products claims come down to strict liability, meaning that anyone in the chain of distribution is at fault for any injuries 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 Boonville, 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 innate flaw in the design that subsequently passes the flaw 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: 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 defective, 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 Dangers or Dangers That Should Have Been Anticipated: This occurs when the product was not hazardous 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 food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product 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 hold corporations accountable and persuade them to implement exhaustive safety procedures for verifying the safety of their products. Even so, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Boonville, MO will fight on your behalf and insist on only the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Boonville, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to argue that you are liable for a portion of your damages and, therefore, they are not required to compensate you for 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 to blame for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to eschew their duty to reimburse you for the harm they have caused. Your Boonville, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may argue you bear 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 a consumer 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. On the other hand, if you use a loaded shotgun 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 happening.
  • 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 decrease it but can considerably 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 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 did not 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 safety measures.
  • 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 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 manufacturer or seller can — and will — try to convince the court that comparative negligence applies to your claim, that does not mean they will be successful. Large corporations and insurance companies implement numerous deceitful tactics to try and devalue your claim, but your Boonville, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you 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 compensation you get, and you do not pay us anything until you get the great compensation you deserve. Call Burger Law right away at (314) 500-HURT for legal representation that matches and surpasses that of bullying manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Boonville, MO

Our defective products lawyer team sees in Boonville, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in collisions and fires, and lead to further injuries when the safety components to not function as they should. Common defective car components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wiring
  • Tires
  • Steering systems
  • Engine cooling fan blades

Alternative vehicles like 4-wheelers 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 Boonville, 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 installed correctly. Common medical devices that your Burger Law defective products lawyer in Boonville, MO has seen cause further injuries to patients include:

  • Artificial joints that can result in infections, instability, chronic soreness or recurring dislocations
  • Cardiovascular devises, which can result in 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 defective, can lead to pierced organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can pierce organs, cause pelvic pain, abnormal hemorrhaging and unwanted pregnancies

As the medical industry becomes more technologically advanced, the amount 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 leading factor.

In 2017, the U.S. Health and Human Services Department reported 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 mitigate pain and lengthen our lifespans, not cause further damage. If a flawed medical device caused you injuries, your Boonville, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Boonville, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must adhere to 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 shelves. With no absolute third-party testing many medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies put profit over the safety of the people they are supposed to be helping. 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 Boonville, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable.

Four thousand five hundred medications 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 a loved one had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by winning you compensation and holding negligent corporations liable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

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

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

Call Burger Law Now

Boonville, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Boonville, MO knows that being hurt by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we have committed our careers to seeing the injured in Boonville and throughout Missouri recover fair compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on delivering you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Boonville, 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 Boonville, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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