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Defective Products Lawyer in Brookfield, MO.

Defective Products Lawyer in Brookfield, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Brookfield, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.

Picture your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on a bus, sit at in a chair or work around heavy machinery, and/or use your cell phone at various times during the day. You may go 4-wheeling on your free days. You may even have a prosthetic limb 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 an oversight in that process and a product becomes defective, it can cause severe harm to you and your Brookfield, MO family. If tragedy struck you, you need the knowledgeable and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the best possible financial recovery you deserve.

In our 30 years of negotiation, litigation and trial experience, we have gotten our clients in Brookfield and beyond in excess of $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Brookfield, MO right away at (314) 500-HURT.

If you were harmed by a defective product in Brookfield, MO, find out the true value of your claim by filling out 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 Brookfield, MO:

Brookfield, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that hazardous 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 speaks to the unbelievable harm that can be caused when manufacturers and vendors do not follow proper safety measures.

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

How Defective Products Claims Work in Brookfield, MO

According to Missouri Revised Statute §537.760, you and your Brookfield, MO defective products lawyer can make a "strict liability" claim if three conditions are true:

  1. The corporation was part of the product's chain of distribution.
  2. You used the product in a way easily anticipated.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably dangerous when the product was sold 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 that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including a distributor or vendor. Under Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can avoid liability if:

  • The manufacturer is known, still exists and is financially capable of paying you for all of your injuries.
  • The distributor signs an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
  • There is no evidence is submitted to the court that the vendor was involved in any other part of the stream of commerce.
  • The dismissal is requested to the judge within 60 days.

If the aforementioned conditions are met, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they had a larger role in the production of the product than they implied, were otherwise liable for the defect or the manufacturer is unable to compensate you 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 accountable.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product went to market. 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 aspect.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury cases in Brookfield, MO are decided by the idea of negligence. We all have a civil duty to not carelessly 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 example if if you are misdiagnosed because of substandard medical attention they may 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 hazardous products claims come down to strict liability, meaning that anyone in the chain of distribution is to blame for any injuries that stems from 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 Brookfield, 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 afterwards affects all products with the same design. An example is an electrical appliance that can overheat and cause fires.
  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 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 bugs or other contaminants found in beverages or leaving sharp edges on plastic or other materials.
  3. Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give adequate instructions or warnings about innate 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. A manufacturer 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 chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement thorough safety protocols for verifying the safety of their products. Even so, too often companies are negligent and concentrate more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Brookfield, MO will fight by your side and insist on only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Brookfield, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the defendants to argue that you share a portion of the fault 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 at fault for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a defendant makes to avoid their obligation to reimburse you for the harm they have caused. Your Brookfield, MO defective products lawyer at Burger Law sees through that. Pursuant to 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 manner the manufacturer could foresee. A manufacturer or seller 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. On the other hand, if you are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not reasonably foresee that use of the product.
  • You used the product in a manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to completely avoid fault but can considerably decrease it. Suppose you crash a car while driving 40 miles per hour over the speed limit and the brakes do not work as well as they should. The manufacturer could reasonably foresee 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 theory in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 injured doing such a thing.
  • You neglected to take necessary safety precautions. 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 followed recommended precautions.
  • You did not mitigate your damages. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 negligence applies to your lawsuit, that does not mean they will be successful. Powerful corporations and insurance companies implement a lot of dishonest ruses to try and minimize your claim, but your Brookfield, 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 unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the compensation you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Call Burger Law today at (314) 500-HURT for legal representation that matches and exceeds that of resistant manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Brookfield, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Brookfield, MO. In 2019 alone, over 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 function as they should. Common faulty car components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Seats
  • 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 Brookfield, MO

Medical devices are meant 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 they are defective. Examples of medical devices that your Burger Law defective products lawyer in Brookfield, MO has seen cause further complications for patients are:

  • Artificial hips, knees or other joints that can cause infections, limited mobility, pain or repeated dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on hard to reach areas which, when faulty, can lead to punctured organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can perforate organs, cause pelvic pain, excessive hemorrhaging and unwanted pregnancies

As the medical industry keeps implementing new technologies, the amount of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the leading factor.

In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare spent at least $1.5 billion to replace more than 73,000 defective heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of easing it. If a flawed medical device ended up aggravating your condition, your Brookfield, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February of this year, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements degrade too quickly and have caused incredible pain and permanent damage to potentially as many as 150,000 patients 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 Brookfield, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must follow 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 market. That means that many drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line over the safety of the people they are supposed to be helping. 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 Brookfield, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Hundreds of thousands of medications and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you love had your condition worsen because of reckless 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from this world too soon.

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

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

Call Burger Law Now

Brookfield, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Brookfield, MO knows that being injured by a dangerous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have pledged our careers to seeing the injured in Brookfield 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 wining you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical toll your injury has taken on you and your Brookfield, 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 Brookfield, 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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