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Defective Products Lawyer in Cole County, MO.

Defective Products Lawyer in Cole County, MO. If you or a loved one sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Cole County, MO today at (314) 500-HURT or fill out our online form for a complimentary case review.

Imagine 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 a bus, sit at in a chair or work around technology, and/or use your cell phone on and off throughout the day. You may go boating on your free days. You may even have a knee replacement or other medical implant. 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 a breakdown in that process and a product becomes hazardous, it can cause severe injuries to you and your Cole County, MO family. If tragedy struck you, you need the skilled and dedicated legal services of Burger Law's defective products lawyer team to stand in your corner and win you the maximum financial recovery you deserve.

In our 30 years of negotiation, litigation and trial experience, we have delivered our clients in Cole County and throughout Missouri in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Cole County, MO now at (314) 500-HURT.

If you were harmed by a defective product in Cole County, MO, learn the true value of your case 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 Cole County, MO:

How Common Are Defective Products in Cole County, MO?

The Consumer Product Safety Commission states that defective products account for over 29 million injuries and 21,000 fatalities every year.

Based on data 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 extreme harm an unsafe product can cause.

If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Cole County, MO for understanding, devoted and experienced support and legal advocacy.

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

Under Missouri Revised Statute §537.760, you and your Cole County, MO defective products lawyer can can hold a person or company at fault for your injuries if three conditions are true:

  1. The corporation was part of the product's design, manufacture, distribution and sale.
  2. The product was used in a manner logically foreseen.
  3. One or both of the following:
    1. The product had a faulty condition that was unreasonably hazardous when the product was sold 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 that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may avoid liability if:

  • The manufacturer is known, still does business and can afford to reimburse you for all of your damages.
  • The seller makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
  • No other party in the case presents evidence that the seller took part in any other part of the design and manufacturing process.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If those conditions are met, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they had a larger role in the engineering of the product than they intimated, were otherwise to blame for the defect or the manufacturer is unable to pay 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 compensation you are owed.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only valid for inadequate warning defective products lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

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

The majority of personal injury claims in Cole County, MO are decided by the conception of negligence. We all have an responsibility 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 fails in that obligation, for instance if if you are misdiagnosed because of substandard medical attention they may be found accountable for your damages and would have to pay you a financial recovery.

However, most product liability or dangerous products claims come down to strict liability, meaning that anyone in the chain of distribution is accountable for any damage that stems from 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 Cole 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 — 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 afterwards passes the imperfection to all products with the same design. An example is a piece of clothing that is easily flammable.
  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 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 bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate 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 food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement exhaustive safety protocols for guaranteeing the safety of their products. However, too often companies are negligent 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 Cole County, MO will fight by your side and demand only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Cole County, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the theory of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to argue that you share 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 responsible for your injuries, you will only receive $70,000. Often, claims of comparative fault 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 Cole County, 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 manner the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant for sitting, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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 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 chain of distribution will not be able to totally avoid liability but can significantly decrease it. Suppose 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 risks of the product while you were using it. This is often referred to as "Assumption of the risk," a principle 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 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. 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 would have been avoided had you obeyed recommended precautions.
  • You failed to mitigate your damages. 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 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 — assert that comparative negligence applies to your injuries, that does not mean they will be successful. Large corporations and insurance companies use a variety of tricks to try and devalue your claim, but your Cole County, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations will try everything to avoid paying you and try to take advantage of people who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you get, and you owe us nothing until we win your case. Call Burger Law immediately at (314) 500-HURT for legal counsel that matches and eclipses that of bullying manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Cole County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Cole County, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to accident and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous automobile parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wiring
  • Wheels
  • Door latches
  • Accelerators

Offroad vehicles like 4-wheelers can also cause harm, 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 Cole County, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Cole County, MO has seen cause further complications for patients include:

  • Artificial hips, knees or other joints that can result in infections, limited mobility, chronic soreness or recurring dislocations
  • Pacemakers, which can result in infections or even wrongful death because of premature failures
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can cause perforated organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to travel up to the lungs
  • Permanent birth control devices that can pierce organs, result in pain in the pelvic region, excessive hemorrhaging and unintended pregnancies

As the medical industry keeps inventing new technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the major cause.

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

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused unthinkable pain and permanent damage to potentially as many as 150,000 people 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 continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Cole County, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. With no absolute third-party testing many drugs reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line over 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 Cole County, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Four thousand five hundred drugs and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or a family member sustained injuries because of careless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer as soon as possible. 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 held opioid manufacturers responsible when their selfishness has taken someone from their family too soon.

Other examples of dangerous products we file suit for in Cole County, MO include:

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

Call Burger Law Now

Cole County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Cole 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 Cole County and throughout Missouri recover fair 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 bills and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Cole 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 Cole County, MO immediately at (314) 500-HURT or contact us online to start on your journey to true healing.

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