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Defective Products Lawyer in Carrollton, MO.

Defective Products Lawyer in Carrollton, MO. If you or a family member was harmed by a dangerous product, call a Burger law defective products lawyer in Carrollton, MO now 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 allergy medication, go to school or work on your bike, sit by a computer or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may use lawnmowers on your free days. 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 engineered, manufactured, packaged and bought. When there is a mistake in the stream of commerce and a product becomes defective, it can cause serious injuries to you and your Carrollton, MO family. When that happens to you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand in your corner and secure you the maximum financial recovery you are owed.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in Carrollton and beyond in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Carrollton, MO immediately at (314) 500-HURT.

If you were injured by a faulty product in Carrollton, MO, see how much your claim may be worth by utilizing 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 Carrollton, MO:

How Common Are Defective Products in Carrollton, MO?

The Consumer Product Safety Commission has found that defective products cause in excess of 29 million injuries and 21,000 fatalities each year.

Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable devastation an unsafe product can cause.

If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in Carrollton, MO for understanding, devoted and skilled support and legal representation.

How Defective Products Claims Work in Carrollton, MO

Under Missouri Revised Statute §537.760, you and your Carrollton, MO defective products lawyer can make a "strict liability" claim if three conditions are met:

  1. The defendant was part of 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 dangerous when it left the manufacturer's or seller's that was the proximate cause of your injuries, 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 purchase, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:

  • The manufacturer is known, still does business and can afford to compensate you for all of your damages.
  • The seller makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case comes forward with evidence that the vendor took part 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 met, 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 intimated, were otherwise responsible for the dangerous condition or the manufacturer cannot reimburse you for all 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 that they owe you.

Missouri Revised Statute §537.764 mentions a caveat 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 inadequate warning defective products claims, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury suits in Carrollton, MO are won or lost based on the notion of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they may be held accountable for your damages and would owe you compensation.

However, most product liability or dangerous products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is accountable for any damage that results 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 Carrollton, 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 inherent imperfection in the design that subsequently affects 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 mistakes in the manufacturing process. This can either only make one product dangerous, 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 bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product 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 match could start a fire.

Strict liability is meant to hold corporations accountable and persuade them to implement comprehensive safety procedures for ensuring the safety of their products. Even so, too often companies are negligent and concentrate more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Carrollton, MO will fight on your behalf and demand only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Carrollton, MO

A common defense for manufacturers in a product liability claim is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to put forth the defense that you are liable for a portion of your damages and, therefore, they are not required to compensate you 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 responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt an entity involved in the stream of commerce makes to eschew their duty to reimburse you for the damage their product did to you. Your Carrollton, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. 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 has to make a product safe for ways that they can expect the public to use it. 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 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 happening.
  • You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly diminish it but can considerably decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle crash. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
  • You knew of inherent risks of the product while you were using it. This is often referred to 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 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 failed to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. 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 followed proper protocols.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to keep your damages as low as you reasonable can. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 — assert that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ myriad dishonest ruses to try and minimize your claim, but your Carrollton, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair and try to take advantage of people who have never had to file a lawsuit before. 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 you get the great compensation you deserve. Call Burger Law right away at (314) 500-HURT for legal advocacy that parallels and surpasses that of resistant manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Carrollton, MO

Our defective products lawyer team sees in Carrollton, 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, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not function as they should. Common defective car components we see are:

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

Alternative vehicles like ATVs 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 Carrollton, 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 Carrollton, MO has seen be defective are:

  • Artificial hips, knees or other joints that can lead to infections, limited mobility, chronic soreness or frequent dislocations
  • Pacemakers, which can lead to infections or even wrongful death because of premature failures
  • Surgical robots intended to operate on hard to reach areas which, when defective, can cause perforated organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control implements that can pierce organs, result in pelvic pain, excessive bleeding and unwanted pregnancies

As the medical industry keeps inventing more and more advanced technologies, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly because of defects in software.

In 2017, the U.S. Health and Human Services Department found that throughout 10 years Medicare spent at least $1.5 billion to replace more than 73,000 faulty heart 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 faulty medical device caused you injuries, your Carrollton, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to deteriorate too quickly and have caused unimaginable pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was made aware of the defect 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 our original complaint here:

View Complaint

Defective Drug Lawyer in Carrollton, MO

The Federal Drug Administration has firm protocols for the testing, labeling, packaging and shipping of prescription drugs. 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 pharmaceutical companies put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Carrollton, 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 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 someone you love had your condition worsen because of reckless pharmaceutical companies and manufacturers, contact 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 they have caused. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other common dangerous products we collect compensation for our clients for in Carrollton, MO include:

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

Call Burger Law Now

Carrollton, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Carrollton, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we have pledged our lives to seeing the injured in Carrollton and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on getting you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has taken on you and your Carrollton, 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 Carrollton, MO right away at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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