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Defective Products Lawyer in Columbia, MO.

Defective Products Lawyer in Columbia, MO. If you or a loved one sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Columbia, MO immediately at (314) 500-HURT or fill out our online form for a complimentary consultation.

Picture your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around heavy equipment, and/or use your iPhone throughout the day. You may go boating on the weekend. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the market. When there is a breakdown in the chain of distribution and a product becomes hazardous, it can cause serious harm to you and your Columbia, MO family. When that happens to you, you need the experienced and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and get you the full financial recovery you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in Columbia and beyond over $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Columbia, MO right away at (314) 500-HURT.

If you were hurt by a defective product in Columbia, MO, see how much your claim may be worth by using 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 Columbia, MO:

Columbia, MO Defective Products Statistics

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

Based on facts 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 speaks to the extreme harm an unsafe product can cause.

If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Columbia, MO for empathetic, committed and expert support and legal representation.

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

Pursuant to Missouri Revised Statute §537.760, you and your Columbia, MO defective products lawyer can can hold a person or company responsible for your injuries if three conditions are true:

  1. The person was part of the product's design, manufacture, distribution and sale.
  2. You used the product in a manner easily anticipated.
  3. One or both of the following:
    1. The product was in a faulty condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, and/or
    2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "stream of commerce" refers to anyone involved in the product from initial design to purchase, including the person or entity you bought the product from. Pursuant 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 can be dismissed from the lawsuit if:

  • The manufacturer is known, has not closed their business and is able to pay for the entirety of your damages.
  • The vendor signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is submitted to the court that the seller was involved in any other facet of the chain of distribution.
  • The dismissal is requested to the judge 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 dismissal is temporary at first. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise responsible for the dangerous condition or the manufacturer cannot compensate you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held accountable.

Missouri Revised Statute §537.764 provides one defense 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 hit the shelves. This defense will only work for for inadequate warning product liability 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 Columbia, MO depend on 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 duty, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found accountable for your damages and would owe you compensation.

However, most product liability or defective products cases are determined by strict liability, meaning that a designer, manufacturer or vendor 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 Columbia, 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 fault in the design that afterwards passes the imperfection to all of that product model that go on to be manufactured. An example is an improperly designed safeguard on a power tool.
  2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure 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 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 occurs when the product was not defective 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 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. A manufacturer typically does not have to warn against dangers that a reasonable person would foresee. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to encourage corporations to implement exhaustive safety procedures for ensuring that their products will not put the people who use it at risk. However, too often companies are negligent and try to focus more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Columbia, MO will fight by your side and demand only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Columbia, MO

Manufacturers, vendors 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 posit that you share a portion of the fault 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, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to eschew their duty to reimburse you for the damage their product did to you. Your Columbia, MO defective products lawyer at Burger Law will not let them get away with it. Under the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, 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 be expected to foresee that happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to completely avoid fault but can significantly lower 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 used the product while aware of a reasonable level of danger associated with the use. This is often referred to as "Assumption of the risk," a principle in tort claims whereby, 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 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 say that any reasonable person would have known that they could be seriously harmed doing such a thing.
  • You failed to follow safety guidelines. 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 power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you adhered to recommended safety measures.
  • You failed to try to keep your damages to a minimum. 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 you have no right to ask them for money they do not owe you.

Just because people in the chain of distribution can — and will — try to convince the court that comparative negligence applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies use myriad tricks to try and lower your claim, but your Columbia, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations have a lot of money to throw at their defense 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 our only fee is a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until we win your case. Call Burger Law immediately at (314) 500-HURT for legal advocacy that matches and exceeds that of bullying manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Columbia, MO

Our defective products lawyer team sees in Columbia, 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 recalls were issued both for entire vehicles and individual components. Defective car parts can result in accident and fires, and fail to protect drivers and passengers from harm as intended. Common defective motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wiring
  • Wheels
  • Door latches
  • Engine cooling fan blades

Offroad vehicles like ATVs 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 Columbia, MO

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

  • Artificial joints that can cause infections, instability, chronic soreness or repeated dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as anticipated
  • Robotic surgical assistants intended to operate on hard to reach areas which, when they malfunction, can cause pierced organs, infections and electrical burns
  • Blood clot filters that permit free-floating blood clots to slip into the lungs
  • Permanent birth control implements that can puncture organs, lead to pain in the pelvic region, excessive blood loss and unplanned pregnancies

As the medical industry keeps coming up with new technologies, the numbers of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, mostly due to defects in software.

In 2017, the U.S. Health and Human Services Department stated that in the course of a decade Medicare had to spend at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up aggravating your condition, your Columbia, 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 company that manufactures implants and 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 permanent damage to possibly as many as 150,000 people who had received the replacement joint. When Burger Law was contacted 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 read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Columbia, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must obey from manufacturing to sale. 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. With no absolute third-party testing many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people they are supposed to be helping. 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 Columbia, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Hundreds of thousands of prescriptions 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 loved one sustained injuries because of reckless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer now. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from this world too soon.

Other common dangerous products we see in Columbia, 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

Columbia, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Columbia, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Columbia and throughout Missouri recover great compensation 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 delivering you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Columbia, 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 Columbia, MO today at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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