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Defective Products Lawyer in Buffalo, MO.

Defective Products Lawyer in Buffalo, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Buffalo, MO right away at (314) 500-HURT or fill out our online form for a free consultation.

Picture what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around heavy equipment, and/or use your android at various times during the day. You may use lawnmowers on the weekend. You may even have a ankle replacement or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was designed, 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 Buffalo, MO family. If tragedy struck you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to stand in your corner and deliver you the great compensation you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in Buffalo and throughout Missouri more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Buffalo, MO right away at (314) 500-HURT.

If you were hurt by a faulty product in Buffalo, MO, see how much your claim may be worth 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 Buffalo, MO:

Buffalo, MO Defective Products Statistics

The Consumer Product Safety Commission has found that defective products are responsible for over 29 million injuries and 21,000 fatalities every year.

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

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Buffalo, MO for empathetic, committed and experienced support and legal advocacy.

How Defective Products Claims Work in Buffalo, MO

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

  1. The corporation was involved in the product's design, manufacture, distribution and sale.
  2. The product was used in a way reasonably anticipated.
  3. Either or both of the following conditions:
    1. The product had 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 "chain of distribution" refers to anyone involved in the product from initial design to purchase, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the claim if:

  • You discover who the manufacturer is, it has not closed their business and can afford to pay for the entirety of your damages.
  • The entity that sold it makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
  • There is no evidence is brought in front of the court that the vendor was involved 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 aforementioned conditions are fulfilled, the vendor 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 design or manufacture of the product, were otherwise responsible for the fault or the manufacturer is unable to pay for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every at-fault party is held accountable.

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 hit the shelves. This defense is only applicable to for failure to warn product liability lawsuits, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury suits in Buffalo, MO are won or lost based on the conception of negligence. We all have an responsibility to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Buffalo, MO roads. When someone fails in that duty, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be found responsible for your damages and would have to pay you a financial recovery.

By contrast, most product liability or hazardous products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable 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 Buffalo, 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 inherent defect in the design that subsequently passes the imperfection to all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
  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 hazardous, 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 incorrectly installing wires or electrical components or not properly fastening components to each other.
  3. Insufficient Warnings and Instructions: This refers to a product made it through design and production safely but caused injury because it did not give adequate instructions or warnings about inherent dangers. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer typically does not have to warn against obvious dangers. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to encourage corporations to implement thorough safety protocols for verifying that their products will not put the people who use it at risk. However, too often companies do not value our safety and concentrate more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Buffalo, MO will hold them responsible by conducting a full investigation of your case and demanding only complete compensation.

Comparative Negligence in Defective Productions Claims in Buffalo, MO

An oft-used defense for manufacturers in a dangerous product claim is that you are at fault for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to argue that you are liable for a portion of your injuries and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to eschew their obligation to pay you for the damage their product did to you. Your Buffalo, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may say 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 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, 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 are injured playing catch with a power tool or other sharp object, 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 the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can considerably lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto collision. 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 concept in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
  • You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you followed recommended safety measures.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you are expected 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 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 vendor can — and will — argue that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies implement a lot of tricks to try and lower your claim, but your Buffalo, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations 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 financial recovery you get, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law right away at (314) 500-HURT for legal representation that parallels and eclipses that of resistant manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Buffalo, MO

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

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Tires
  • Seats
  • 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 Buffalo, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Buffalo, MO has seen be defective include:

  • Artificial joints that can result in infections, instability, pain or recurring dislocations
  • Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
  • Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can cause perforated organs, infections and internal burns
  • Blood clot filters that allow free-floating blood clots to slip into the lungs
  • Permanent birth control devices that can perforate organs, cause pain in the pelvic region, abnormal blood loss and unwanted pregnancies

As the medical industry becomes more high-tech, medical device recalls have gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department found that over a decade Medicare spent at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of helping us. If a defective medical device ended up aggravating your condition, your Buffalo, 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 unnecessary pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and 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 designed to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who had received the replacement joint. When Burger Law was contacted 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 view the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Buffalo, MO

The Federal Drug Administration has stringent protocols 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 shelves. That means that many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than 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 Buffalo, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Hundreds of thousands of medications and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer as soon as possible. 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 dangerous products we see in Buffalo, 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

Buffalo, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Buffalo, MO knows that being hurt by a dangerous product can completely disrupt your life. That is why we have devoted our careers to seeing the vulnerable in Buffalo and throughout Missouri get full compensation 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 wining 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 Buffalo, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Buffalo, MO immediately at (314) 500-HURT or contact us online to start on the path to a true recovery.

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