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Defective Products Lawyer in Chillicothe, MO.

Defective Products Lawyer in Chillicothe, MO. If you or someone you love sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Chillicothe, MO today at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Imagine what you do every day: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work in your car, sit by a computer or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may go boating on the weekend. You may even have a pacemaker or other medical implant. 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 an oversight in that process and a product becomes dangerous, it can cause serious harm to you and your Chillicothe, MO family. When that happens to you, you need the knowledgeable and devoted legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the best possible compensation you are owed.

In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Chillicothe and throughout Missouri more than $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 Chillicothe, MO now at (314) 500-HURT.

If you were hurt by a dangerous product in Chillicothe, MO, learn the true value of your case 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 useful links and FAQS from your Burger Law defective products injury lawyer in Chillicothe, MO:

How Common Are Defective Products in Chillicothe, MO?

The Consumer Product Safety Commission has found that defective products cause over 29 million injuries and 21,000 deaths every year.

According to 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 distributors do not follow the rules.

If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Chillicothe, MO for passionate, dedicated and talented support and legal representation.

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

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

  1. The person was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a way logically expected.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably dangerous when you bought the product 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 "chain of distribution" refers to anyone involved in the product from initial conception to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can be dismissed from the lawsuit if:

  • The manufacturer is known, still does business and is financially capable of reimbursing you for all of your injuries.
  • The vendor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • There is no evidence is presented to the court that the seller was involved in any other part of the design and manufacturing process.
  • The motion to dismiss is filed within 60 days.

If those conditions are fulfilled, the distributor 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 engineering of the product than they implied, were otherwise to blame for the dangerous condition or the manufacturer cannot reimburse you for all of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery you deserve.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be entirely understood before use by the public. This defense is only valid for failure to warn defective products claims, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury cases in Chillicothe, MO are determined by the conception of negligence. We all owe each other a duty of care 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 fails in that obligation, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or defective products claims are strict liability claims, meaning that a designer, manufacturer or vendor is to blame for any injuries 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 Chillicothe, 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 innate flaw in the design that afterwards passes the fault to all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either only make one product dangerous, 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. Failure to Warn of Known Dangers or Risks 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 innate risks. 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 generally does not have to warn against dangers 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 hold corporations accountable and persuade them to implement exhaustive safety protocols for verifying the safety of their products. However, too often companies do not value our safety and try to focus more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Chillicothe, 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 Chillicothe, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to argue that you are responsible for 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 at fault for your injuries, you will only receive $70,000. Often, claims of comparative fault are a disingenuous attempt a manufacturer makes to eschew their duty to pay you for the damage their product did to you. Your Chillicothe, MO defective products lawyer at Burger Law sees through that. 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 seller is only has to make a product safe for ways that they can expect the public to use it. For example, while chairs are meant for sitting, standing on one to reach something is common. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. On the other hand, if you use a loaded gun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
  • You used the product in a way the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to totally avoid fault but can considerably diminish it. Say 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 referred to 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, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
  • 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 neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution 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 are your fault because you had not obeyed proper protocols.
  • You failed to mitigate your damages. 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 manufacturer or vendor 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 implement numerous dishonest ruses to try and lower your claim, but your Chillicothe, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations are unfair and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you collect, and you owe us nothing until you get the great compensation you deserve. Call Burger Law right away at (314) 500-HURT for legal representation that parallels and eclipses that of resistant manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Chillicothe, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Chillicothe, MO. In 2019 alone, over 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 function as they should. Common faulty car parts we see are:

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

Alternative vehicles like 4-wheelers can also cause injuries, for instance many of them are prone 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 Chillicothe, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Chillicothe, MO has seen cause further complications for patients are:

  • Artificial hips, knees or other joints that can lead to infections, instability, pain or repeated dislocations
  • Pacemakers, which can result in infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants designed to operate on hard to reach areas which, when defective, can cause perforated organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control implements that can puncture organs, cause pain in the pelvic region, abnormal hemorrhaging and unintended pregnancies

As the medical industry becomes more high-tech, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly because of defects in software.

In 2017, the U.S. Health and Human Services Department found that in the course of 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Chillicothe, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to deteriorate sooner than anticipated and have caused unimaginable pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 our original complaint here:

View Complaint

Defective Drug Lawyer in Chillicothe, MO

The Federal Drug Administration has stringent protocols for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. That means that many medications reach the shelves 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 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 Chillicothe, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.

Four thousand five hundred drugs and medical devices are taken off the national market 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 deteriorate because of reckless pharmaceutical companies and manufacturers, call 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 held opioid manufacturers accountable when their selfishness has taken someone from this world too soon.

Other examples of defective products we see in Chillicothe, MO include:

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

Call Burger Law Now

Chillicothe, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Chillicothe, MO knows that being hurt by a hazardous product can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Chillicothe and throughout Missouri collect great 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, as well as the emotional and physical toll your injury has taken on you and your Chillicothe, MO family. We will fight 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 Chillicothe, MO right away at (314) 500-HURT or contact us online to start on your journey to true healing.

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