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Defective Products Lawyer in Branson, MO.

Defective Products Lawyer in Branson, MO. If you or someone you care about was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in Branson, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.

Think of 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 vehicle, sit by a computer or work around heavy equipment, and/or use your cell phone on and off throughout the day. You may go 4-wheeling on your free days. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that had to be engineered, produced, shipped and sold. When there is an oversight in that process and a product becomes defective, it can cause severe injuries to you and your Branson, MO family. If tragedy struck you, you need the skilled and devoted legal services of Burger Law's defective products lawyer team to stand in your corner and deliver you the best possible compensation you are owed.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in Branson and throughout Missouri over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Branson, MO right away at (314) 500-HURT.

If you were harmed by a faulty product in Branson, MO, discover how much your claim may be worth 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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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Branson, MO:

How Common Are Defective Products in Branson, MO?

The Consumer Product Safety Commission states that dangerous products are responsible for more than 29 million injuries and 21,000 fatalities every year.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the unbelievable devastation an unsafe product can cause.

If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Branson, MO for passionate, devoted and expert support and legal counsel.

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

According to Missouri Revised Statute §537.760, you and your Branson, MO defective products lawyer can can hold a person or corporation accountable for your damages if three conditions are true:

  1. The company was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a manner easily anticipated.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably hazardous when you bought the product 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 that sold you the product. Under Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it can avoid liability if:

  • The manufacturer is known, still does business and is financially capable of reimbursing you for all of your damages.
  • The seller signs an affidavit under oath that their only involvement in the process was selling it.
  • No other party in the case presents evidence that the seller took part in any other aspect of the design and manufacturing process.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above conditions are satisfied, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise to blame for the fault or the manufacturer is unable to pay for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable party is held responsible.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense will only work for 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 condition.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury lawsuits in Branson, MO depend on the conception of negligence. We all have a civil duty to not recklessly cause injuries 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 fails in that obligation, for instance if if you are misdiagnosed because of substandard medical attention they can be found liable for your damages and would have to pay you compensation.

By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is at fault for any injuries 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 Branson, 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 it got into your hands.

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 afterwards affects 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 mistakes in the manufacturing process. This can either only make one product defective, 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 using the wrong kind of screws or bolts.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: 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 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 generally does not have to warn against obvious dangers. 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 thorough safety procedures for ensuring the safety of their products. Even so, too often corporations do not value our safety and spend more energy on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Branson, MO will fight by your side and insist on only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Branson, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the concept of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for the defendants to argue 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 determines that you have $100,000 in damages but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to get out their obligation to pay you for the harm they have caused. Your Branson, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative negligence if the following situations apply:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect a consumer to use it. For example, while chairs are meant to be sat on, standing on one to reach something is common. 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 be expected to foresee that use of the product.
  • 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 significantly diminish it but can significantly lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle accident. 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 referred to as "Assumption of the risk," a concept 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 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 follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you followed recommended precautions.
  • You failed to mitigate your damages. 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 you have no right to ask them for money they do not owe you.

Just because people in the chain of distribution can — and will — work hard to persuade a jury that comparative fault applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies use myriad tricks to try and devalue your claim, but your Branson, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you and try to take advantage of people who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you get, and you do not pay us anything until we win your case. Call Burger Law immediately at (314) 500-HURT for legal advocacy that matches and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Branson, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Branson, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to crashes and fires, and fail to protect occupants from harm as intended. Common faulty automobile components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Wheels
  • Door latches
  • Engine cooling fan blades

Offroad 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 Branson, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Branson, MO has seen cause further injuries to patients include:

  • Artificial joints that can lead to infections, instability, pain or recurring dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in perforated organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control implements that can pierce organs, cause pain in the pelvic region, excessive hemorrhaging and unintended pregnancies

As the medical industry keeps coming up with new technologies, the amount of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the foremost factor.

In 2017, the U.S. Health and Human Services Department announced that over the span of 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of easing it. If a defective medical device caused you damages, your Branson, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive a full financial recovery for all of the unneeded pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was made aware of the defect by a client, we immediately got to work bringing them what peace of mind we could and are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Branson, MO

The Federal Drug Administration has stringent procedures for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. That means that many prescriptions reach the market 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 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 Branson, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Hundreds of thousands of drugs and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or a family member had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, call 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from this world too soon.

Other common defective products we see in Branson, MO include:

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

Call Burger Law Now

Branson, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Branson, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Branson 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 securing you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical toll your injury has inflicted on you and your Branson, 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 Branson, MO right away at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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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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