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Defective Products Lawyer in Camdenton, MO.

Defective Products Lawyer in Camdenton, MO. If you or a loved one was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Camdenton, MO right away at (314) 500-HURT or fill out our online form for a complimentary consultation.

Think of what you do every day: 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 technology, and/or use your cell phone on and off throughout the day. You may drive go-carts on your free days. You may even have a joint replacement 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 market. When there is an error in the chain of distribution and a product becomes defective, it can have a disastrous effect on on your life and lives of those you love in Camdenton, MO. If tragedy struck you, you need the expert and dedicated legal representation of Burger Law's defective products lawyer team to fight on your behalf and get you the best possible financial recovery you are owed.

In our In our 30 years of experience standing up for fairness and justice, we have won our clients in Camdenton and beyond over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Camdenton, MO right away at (314) 500-HURT.

If you were hurt by a dangerous product in Camdenton, MO, find out the true value of your claim by filling out 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 helpful links and FAQS from your Burger Law defective products injury lawyer in Camdenton, MO:

Camdenton, MO Defective Products Statistics

The Consumer Product Safety Commission has found that faulty products account for more than 29 million injuries and 21,000 deaths each year.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that juries awarded plaintiffs in product liability claims was over $7 million, while the median was $2 million. That shows the incredible destruction that can be caused when manufacturers and vendors do not follow adequate safety protocols.

If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Camdenton, MO for empathetic, devoted and skilled support and legal representation.

How Defective Products Claims Work in Camdenton, MO

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

  1. The corporation was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a way rationally expected.
  3. Either or both of the following conditions:
    1. The product was in a faulty condition that was unreasonably dangerous when it left the manufacturer's or vendor'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 involved in the product from initial design to sale, including a distributor or seller. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the lawsuit if:

  • The manufacturer is known, has not closed their business and is able to compensate you for the entirety of your injuries.
  • The vendor 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 seller was involved in any other aspect of the chain of distribution.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above conditions are met, the seller 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 at fault for the fault or the manufacturer cannot reimburse you for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great compensation you are owed.

Missouri Revised Statute §537.764 provides one defense 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 valid for failure to warn defective products cases, 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 cases in Camdenton, MO are based on the conception of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Camdenton, MO roads. When someone fails in that obligation, for instance if are injured by a fatigued truck driver they might be found liable for your damages and would owe you a financial recovery.

However, most product liability or dangerous products claims are determined by strict liability, meaning that anyone in the chain of distribution is at fault for any injuries a product causes, 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 Camdenton, 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 fault in the design that subsequently passes the defect to all products with the same design. An example is an electrical appliance that can overheat and cause fires.
  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 affect only one product, 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 Dangers That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about inherent dangers. 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. A manufacturer typically does not have to warn against risks that a reasonable person would foresee. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement exhaustive safety protocols for guaranteeing the safety of their products. Even so, too often corporations do not respect their obligation to make safe products and try to focus more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Camdenton, MO will fight by your side and demand nothing but the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Camdenton, MO

A common defense for manufacturers in a defective products lawsuit is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to put forth the defense that you are responsible for a portion of your damages and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt a manufacturer makes to get out their obligation to reimburse you for the damage their product did to you. Your Camdenton, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may say you bear some or all of the fault if one or several of the following circumstances apply:

  • You did not use the product in a way 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, 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. By contrast, 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 chain of distribution will not be able to entirely avoid fault but can significantly 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 knew of inherent hazards of the product while you were using it. This is often called as "Assumption of the risk," a concept in tort claims wherein, 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You did not take necessary safety precautions. 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 are your fault because you had not obeyed recommended safety measures.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to lessen the amount of compensation you are owed. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 lawsuit, that does not mean the claim is automatically true. Large corporations and insurance companies employ numerous dishonest ruses to try and devalue your claim, but your Camdenton, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you get, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law now at (314) 500-HURT for legal representation that matches and eclipses that of resistant manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Camdenton, MO

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

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Wheels
  • Seats
  • 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 Camdenton, 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. Examples of medical devices that your Burger Law defective products lawyer in Camdenton, MO has seen be defective are:

  • Artificial hips, knees or other joints that can result in infections, instability, pain or frequent dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can cause pierced organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control devices that can puncture organs, result in pelvic pain, abnormal bleeding and unplanned pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first three months 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 stated that throughout 10 years Medicare spent at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Camdenton, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements deteriorate too quickly and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was retained by a client, we immediately filed suit on their behalf 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 Camdenton, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must adhere to 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 prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations 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 Camdenton, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.

Four thousand five hundred prescriptions and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member received injuries because of reckless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other examples of dangerous products we see in Camdenton, 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

Camdenton, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Camdenton, MO knows that being hurt by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Camdenton and throughout Missouri get great compensation 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 delivering you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical toll your injury has taken on you and your Camdenton, 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 Camdenton, MO immediately at (314) 500-HURT or contact us online to start on your journey to true healing.

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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!”

David and Fran Schneider

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