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Defective Products Lawyer in Cass County, MO.

Defective Products Lawyer in Cass County, MO. If you or a loved one was injured by a dangerous product, reach out to a Burger law defective products lawyer in Cass County, MO right away at (314) 500-HURT or fill out our online form for a free case evaluation.

Imagine what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit by a computer or work around technology, and/or use your iPhone on and off throughout the day. You may use lawnmowers on your days off. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the shelves. When there is an error in the stream of commerce and a product becomes dangerous, it can cause serious harm to you and your Cass County, MO family. When that happens to you, you need the knowledgeable and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and secure you the maximum financial recovery you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Cass County and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Cass County, MO immediately at (314) 500-HURT.

If you were injured by a dangerous product in Cass County, MO, discover the true value of your case by using 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

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

How Common Are Defective Products in Cass County, MO?

The Consumer Product Safety Commission has found that faulty products result in more than 29 million injuries and 21,000 fatalities each year.

Based on statistics 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 shows the incredible destruction an unsafe product can cause.

If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Cass County, MO for compassionate, dedicated and experienced support and legal representation.

How Defective Products Claims Work in Cass County, MO

Under Missouri Revised Statute §537.760, you and your Cass County, MO defective products lawyer can file a "strict liability" suit if three factors are met:

  1. The company was part of the product's chain of distribution.
  2. The product was used in a way reasonably foreseen.
  3. Either or both of the following conditions:
    1. The product had a faulty condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, and/or
    2. You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.

The "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it may be dismissed from the lawsuit if:

  • The manufacturer is known, still exists and is financially capable of paying you for the entirety of your injuries.
  • The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is brought in front of the court that the seller was involved in any other aspect of the design and manufacturing process.
  • The dismissal is requested to the court no later than 60 days after the complaint is filed.

If those conditions are fulfilled, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they had a larger role in the production of the product than they intimated, were otherwise responsible for the fault or the manufacturer cannot compensate you for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great financial recovery you are owed.

Missouri Revised Statute §537.764 has an exception 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 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 claims in Cass County, MO are won or lost based on the concept 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 Cass County, MO roads. When someone fails in that responsibility, for instance if if you are misdiagnosed because of substandard medical attention they can be found responsible for your damages and would owe you a financial recovery.

However, most product liability or dangerous products claims come down to strict liability, meaning that a designer, manufacturer or vendor is accountable 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 Cass County, 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 you acquired it.

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 passes the flaw to all products with the same design. An example is a toy intended for children that contains a choking hazard.
  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 incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
  3. Insufficient Warnings and Instructions: 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 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 obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement comprehensive safety protocols for guaranteeing the safety of their products. However, too often corporations do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Cass County, MO will hold them responsible by conducting a full investigation of your case and demanding only maximum compensation.

Comparative Negligence in Defective Productions Claims in Cass County, MO

An oft-used defense for manufacturers in a dangerous product claim is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for those in the chain of distribution to put forth the argument that you share a portion of your damages 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 the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to eschew their duty to reimburse you for the damage their product did to you. Your Cass County, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may say you bear some or all of the fault if one or several of the following circumstances are present 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, 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. On the other hand, 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 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 reduce it but can significantly diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car wreck. 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 concept 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
  • You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. 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 recommended safety measures.
  • You failed to mitigate your damages. In any personal injury claim, you are ethically bound 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 manufacturer or vendor can — and will — work hard to persuade a jury that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies implement numerous tricks to try and lower your claim, but your Cass County, 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 unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you are awarded, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law immediately at (314) 500-HURT for legal representation that matches and eclipses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Cass County, MO

Our defective products lawyer team sees in Cass County, 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 lead to crashes and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous car parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Tires
  • Seats
  • Headlights and taillights

Offroad 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 Cass County, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Cass County, MO has seen cause further complications for patients include:

  • Artificial hips, knees or other joints that can lead to infections, limited mobility, pain or repeated dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause perforated organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control implements that can perforate organs, result in pain in the pelvic region, excessive hemorrhaging and unplanned pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first quarter 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 reported that throughout a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of easing it. If a faulty medical device caused you damages, your Cass County, 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. Their knee replacements were incorrectly packaged and shipped, causing them to degrade sooner than anticipated and have caused unimaginable pain and lifelong damage to potentially as many as 150,000 patients who had the replacement joint implanted. 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 view the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Cass County, 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 prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over 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 Cass County, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Four thousand five hundred medications and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or a loved one received injuries because of reckless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning 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 peace for the wrongful death of their loved one.

Other common dangerous products we see in Cass County, MO include:

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

Call Burger Law Now

Cass County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Cass County, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Cass County and throughout Missouri be compensated 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 hardships your injury has inflicted on you and your Cass County, 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 Cass County, MO right away at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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