have you been injured by a dangerous product in Missouri? Call Burger Law now.

Defective Products Lawyer in Butler, MO.

Defective Products Lawyer in Butler, MO. If you or a loved one was injured by a dangerous product, call a Burger law defective products lawyer in Butler, MO now at (314) 500-HURT or fill out our online form for a complimentary case review.

Imagine what you do every day: 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 iPhone throughout the day. You may go boating on the weekend. 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 at one point was engineered, manufactured, shipped and bought. When there is an oversight in the stream of commerce and a product becomes hazardous, it can cause serious harm to you and your Butler, MO family. When that happens to you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to stand in your corner and get you the great compensation you are owed.

In our In our three decades of experience fighting for fairness and justice, we have delivered our clients in Butler and beyond over $170 million. Talking to us is free, so there's no reason not to reach out. Get in touch with a defective products lawyer in Butler, MO today at (314) 500-HURT.

If you were harmed by a defective product in Butler, MO, discover the true value of your case 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

View Location

The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Butler, MO:

How Common Are Defective Products in Butler, MO?

The Consumer Product Safety Commission states that dangerous products account for over 29 million injuries and 21,000 deaths every year.

According to facts 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 extreme ruin an unsafe product can cause.

If you or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in Butler, MO for understanding, dedicated and skilled support and legal representation.

How Defective Products Claims Work in Butler, MO

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

  1. The company was involved in the product's chain of distribution.
  2. You used the product in a manner rationally foreseen.
  3. One or both of the following:
    1. The product was in a faulty condition that was unreasonably dangerous when you bought the product and your injuries are a direct result of that defect, and/or
    2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can be dismissed from the case if:

  • The manufacturer is known, still exists and is financially capable of compensating you for all of your damages.
  • The distributor makes an affidavit under oath that their only involvement in the stream of commerce was selling it.
  • There is no evidence is presented to the court that the distributor was involved in any other part of the design and manufacturing process.
  • The dismissal is requested to the judge within 60 days.

If the aforementioned conditions are met, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise to blame for the defect or the manufacturer cannot compensate you for all of your injuries, 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 provides one defense 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 is only valid for inadequate warning product liability claims, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

The majority of personal injury suits in Butler, MO are based on the concept of negligence. We all have a duty to each other's safety in certain situations; for example, doctors must treat their Butler, MO patients with a standard of care. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found accountable for your damages and would owe you compensation.

By contrast, most product liability or defective products cases are strict liability claims, meaning that a designer, manufacturer or vendor is to blame for any damage 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 Butler, 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 came into your possession.

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 imperfection in the design that afterwards affects all products with the same design. An example is an improperly designed safeguard on a power tool.
  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 faulty, 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Failure to Warn of Known Risks or Risks That Should Have Been Foreseen: This occurs when the product was not hazardous 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 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 risks that a reasonable person would anticipate. 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 exhaustive safety protocols for ensuring that their products will not put the people who use it at risk. However, too often corporations do not value our safety and concentrate more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Butler, MO will fight by your side and insist on only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Butler, 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 those in the stream of commerce to posit that you share a portion of your injuries and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt an entity involved in the chain of distribution makes to get out their duty to pay you for the harm they have caused. Your Butler, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative fault if the following situations apply:

  • 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 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. By contrast, if you use a loaded rifle to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to totally avoid fault but can significantly lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car accident. 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 called as "Assumption of the risk," a principle in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
  • 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 neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution from liability. 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 are your fault because you had not obeyed proper protocols.
  • You did not 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 have nothing to do with. 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 — argue that comparative negligence applies to your case, that does not mean the claim is automatically true. Bullying corporations and insurance companies use a variety of tricks to try and lower your claim, but your Butler, MO defective products lawyer at Burger Law knows how to combat them. 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 are awarded, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law immediately at (314) 500-HURT for legal counsel that rivals and exceeds that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Butler, MO

Our defective products lawyer team sees in Butler, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause collisions and fires, and fail to protect occupants from harm as intended. Common defective automobile parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Tires
  • Steering systems
  • Accelerators

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 Butler, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more injuries when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Butler, MO has seen be defective are:

  • Artificial joints that can cause infections, limited mobility, pain or frequent dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots intended to operate on hard to reach areas which, when they do not work properly, can result in 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 pelvic pain, abnormal hemorrhaging and unintended pregnancies

As the medical industry keeps inventing more and more advanced technologies, medical device recalls have gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the leading cause.

In 2017, the U.S. Health and Human Services Department stated that throughout a decade Medicare spent at least $1.5 billion to replace over 73,000 flawed heart devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a flawed medical device ended up worsening your condition, your Butler, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

Earlier 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 do not last nearly as long as they were designed to and have caused unimaginable pain and permanent damage to potentially as many as 150,000 people who had the replacement joint implanted. 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 read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Butler, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey 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 medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 Butler, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or a loved one sustained injuries because of careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from this world too soon.

Other common defective products we file suit for in Butler, MO include:

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

Call Burger Law Now

Butler, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Butler, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Butler and throughout Missouri recover great 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 do not hesitate to start working on wining you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical toll your injury has inflicted on you and your Butler, 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 Butler, MO today at (314) 500-HURT or contact us online to take the first step toward true healing.

Request a Free Consultation


“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!”

David and Fran Schneider

Hurt? Hire Us Today or call (314) 500-HURT

Other Locations

Schema