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Defective Products Lawyer in Chesterfield, MO.

Defective Products Lawyer in Chesterfield, MO. If you or someone you care about sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Chesterfield, MO today at (314) 500-HURT or fill out our online form for a free case review.

Picture 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 your bike, sit at in a chair or work around heavy machinery, and/or use your iPhone throughout the day. You may go boating on your days off. You may even have a joint replacement 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 buyer. When there is a breakdown in the chain of distribution and a product becomes defective, it can have a devastating effect on on your life and lives of those you love in Chesterfield, MO. When that happens to you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to stand by your side and secure you the great financial recovery you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Chesterfield and beyond in excess of $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 Chesterfield, MO today at (314) 500-HURT.

If you were hurt by a faulty product in Chesterfield, MO, discover how much your claim may be worth 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 Chesterfield, MO:

How Common Are Defective Products in Chesterfield, MO?

The Consumer Product Safety Commission states that defective products are responsible 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 juries awarded plaintiffs in product liability claims was over $7 million, while the median was $2 million. That speaks to the incredible devastation that can be caused when manufacturers and distributors do not obey adequate safety protocols.

If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Chesterfield, MO for understanding, committed and talented support and legal counsel.

What is the Process for Defective Products Claims in Chesterfield, MO?

Pursuant to Missouri Revised Statute §537.760, you and your Chesterfield, MO defective products lawyer can file a "strict liability" suit if three conditions are met:

  1. The company was involved in the product's stream of commerce.
  2. You used the product in a way logically expected.
  3. One or both of the following:
    1. The product was in a defective condition that was unreasonably hazardous when you bought the product that caused you direct harm, 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 that took part in the product coming to fruiting and going to the market, from initial conception to sale, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:

  • You discover who the manufacturer is, it has not closed their business and is able to reimburse you for the entirety of your damages.
  • The entity that sold it signs an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
  • No other party in the case submits evidence that the distributor was involved in any other facet of the design and manufacturing process.
  • The dismissal is requested to the court no later than 60 days after the complaint is filed.

If the above conditions are satisfied, the seller 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 were actually involved in the engineering of the product, were otherwise at fault for the defect or the manufacturer cannot compensate you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every at-fault party is held responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense is only valid for inadequate warning defective products lawsuits, 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 Chesterfield, MO are determined by the notion of negligence. We all have a civil duty to not recklessly cause injuries to other people 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 you sustain a dog bite are because a dog owner didn't properly leash their dog they can be found responsible for your damages and would have to pay you a financial recovery.

By contrast, most product liability or dangerous products cases are determined by strict liability, meaning that anyone in the chain of distribution is at fault for any injuries a product causes, 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 Chesterfield, 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 imperfection in the design that subsequently affects all products with the same design. 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 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 not properly fastening components to each other.
  3. Insufficient Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused harm 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product typically does not have to warn against obvious risks. For example, 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 thorough safety protocols for verifying that their products will not pose a danger to the public. However, 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 Chesterfield, MO will hold them accountable by conducting a full investigation of your case and insisting on only the best possible compensation.

Comparative Negligence in Defective Productions Claims in Chesterfield, MO

Manufacturers, distributors and anyone else in the chain of distribution 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 argument that you are liable for a portion of your injuries and, therefore, they are not obligated to reimburse you for your full financial recovery. 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 duty to pay you for the damage their product did to you. Your Chesterfield, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect the public 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 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 use of the product.
  • You used the product in a manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to completely avoid fault but can significantly reduce it. Say 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 theory in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
  • 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 packaging can often protect someone in the stream of commerce 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 would have been avoided had you followed recommended safety measures.
  • You did not mitigate your damages. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 people in the chain of distribution can — and will — argue that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies implement myriad tricks to try and minimize your claim, but your Chesterfield, MO defective products lawyer at Burger Law knows how to combat them. We know these companies have a lot of money to throw at their defense 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 are awarded, and you do not pay us anything until we win your case. Reach out to Burger Law immediately at (314) 500-HURT for legal advocacy that rivals and eclipses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Chesterfield, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Chesterfield, MO. In 2019 alone, in excess of 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 occupants from harm as intended. Common defective automobile components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Tires
  • Seats
  • Engine cooling fan blades

Alternative 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 Chesterfield, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Chesterfield, MO has seen cause further complications for patients are:

  • Artificial hips, knees or other joints that can cause infections, limited mobility, pain or repeated dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
  • Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can result in punctured organs, infections and internal burns
  • Blood clot filters that permit free-floating blood clots to travel up to the lungs
  • Permanent birth control implements that can puncture organs, lead to pelvic pain, abnormal hemorrhaging and unplanned pregnancies

As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department found that in the course of a decade Medicare had to spend at least $1.5 billion to replace more than 73,000 flawed cardiovascular devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a flawed medical device caused you injuries, your Chesterfield, 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 patients who had received the replacement joint. 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 button below:

View Complaint

Defective Drug Lawyer in Chesterfield, 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 medications reach the market 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 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 Chesterfield, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Hundreds of thousands of drugs and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or a loved one had your condition deteriorate because of careless pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer immediately. 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 successfully won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other examples of dangerous products we see in Chesterfield, 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

Chesterfield, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Chesterfield, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we endeavor to see the vulnerable in Chesterfield and throughout Missouri receive maximum compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on delivering you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical toll your injury has taken on you and your Chesterfield, MO family. We will stand by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Chesterfield, MO immediately at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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