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

Defective Products Lawyer in Carl Junction, MO.

Defective Products Lawyer in Carl Junction, 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 Carl Junction, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.

Picture your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around heavy equipment, and/or use your iPhone at various times during 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 designed, manufactured, shipped and sold. When there is an error in the stream of commerce and a product becomes hazardous, it can cause serious injuries to you and your Carl Junction, MO family. When that happens to you, you need the knowledgeable and devoted legal representation of Burger Law's defective products lawyer team to stand in your corner and get you the best possible compensation you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have delivered our clients in Carl Junction and beyond in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Carl Junction, MO now at (314) 500-HURT.

If you were hurt by a faulty product in Carl Junction, MO, find out the true value of your case 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

View Location

Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Carl Junction, MO:

Carl Junction, MO Defective Products Statistics

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

According to data 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 ruin an unsafe product can cause.

If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Carl Junction, MO for passionate, dedicated and talented support and legal counsel.

How Defective Products Claims Work in Carl Junction, MO

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

  1. The corporation was part of the product's chain of distribution.
  2. The product was used in a manner rationally anticipated.
  3. One or both of the following:
    1. The product was in a faulty condition that was unreasonably dangerous when it left the manufacturer's or vendor's that caused you direct harm, 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 design to purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can avoid liability if:

  • The manufacturer is known, still does business and is financially capable of paying you for all of your damages.
  • The distributor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case submits evidence that the distributor was involved in any other part of the stream of commerce.
  • The motion to dismiss is filed within 60 days.

If the above conditions are fulfilled, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they had a larger role in the production of the product than they led on, were otherwise liable for the fault or the manufacturer is unable to compensate you for the entirety of the economic, physical and emotional loss you sustained, 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," where a hazardous condition could not be fully understood before use by the consumer. This defense is only valid for failure to warn product liability cases, and the burden of proof is on the defense.

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

Most personal injury cases in Carl Junction, MO are decided by the idea of negligence. We all have a duty to each other's safety 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 there a loose floor boards at a restaurant that cause you to fall they can be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or dangerous products cases are determined by strict liability, meaning that anyone in the chain of distribution is responsible for any damage 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 Carl Junction, 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 of that product model that go on to be manufactured. 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 dangerous 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 a swing set with a cracked chain.
  3. Insufficient Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but rather 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 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. A manufacturer generally does not have to warn against risks that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to encourage corporations to implement comprehensive safety procedures for verifying that their products will not pose a danger to the public. Even so, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Carl Junction, MO will hold them responsible by conducting a full investigation of your case and insisting on only full compensation.

Comparative Negligence in Defective Productions Claims in Carl Junction, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the principle of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for those in the chain of distribution to put forth the defense that you are responsible for a portion of the fault and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent to blame for your injuries, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to eschew their duty to reimburse you for the harm they have caused. Your Carl Junction, 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 way the manufacturer could foresee. A manufacturer or seller 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. By contrast, 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 happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to completely avoid liability but can considerably diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car crash. 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 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 hurt 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 took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not obeyed proper protocols.
  • 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 unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the stream of commerce can — and will — try to convince the court that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies use numerous tricks to try and devalue your claim, but your Carl Junction, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the compensation you receive, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law today at (314) 500-HURT for legal advocacy that rivals and surpasses that of bullying manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Carl Junction, MO

Our defective products lawyer team sees in Carl Junction, 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 individual cars and vehicle components were recalled in the United States. Defective car parts can cause crashes and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous car parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical systems
  • Tires
  • Door latches
  • Headlights and taillights

Alternative vehicles like ATVs can also cause damage, for instance many of them are prone to flipping 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 Carl Junction, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Carl Junction, MO has seen cause further injuries to patients are:

  • Artificial hips, knees or other joints that can lead to infections, instability, pain or frequent dislocations
  • Pacemakers, which can cause infections or even wrongful death because of premature failures
  • Surgical robots intended to operate on hard to reach areas which, when defective, can lead to perforated organs, infections and electrical burns
  • Blood clot filters that permit free-floating blood clots to slip into the lungs
  • Permanent birth control devices that can puncture organs, cause pain in the pelvic region, excessive bleeding and unintended pregnancies

As the medical industry keeps inventing new technologies, medical device recalls have increased exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly due to issues with software.

In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare spent at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Carl Junction, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unimaginable 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 button below:

View Complaint

Defective Drug Lawyer in Carl Junction, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must adhere to from manufacturing to sale. 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 market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than the safety of the people who need medicine and treatments that truly help their condition. 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 Carl Junction, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.

Four thousand five hundred prescriptions and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one received injuries because of careless pharmaceutical companies and manufacturers, get in touch with 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 accountable when their selfishness has taken someone from their family too soon.

Other common dangerous products we see in Carl Junction, MO include:

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

Call Burger Law Now

Carl Junction, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Carl Junction, MO knows that being hurt by a faulty product can completely upend your life. That is why we strive to see the injured in Carl Junction and throughout Missouri recover the best possible 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 getting you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Carl Junction, MO family. We will stand by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Carl Junction, MO immediately at (314) 500-HURT or contact us online to start on your journey to 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