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Defective Products Lawyer in Concord, MO.

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

Imagine your daily routine: 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 by a computer or work around heavy equipment, and/or use your iPhone at various times during the day. You may drive go-carts on your free days. You may even have a prosthetic limb 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 buyer. When there is a breakdown in the stream of commerce and a product becomes dangerous, it can have a disastrous impact on Concord, MO individuals and families. If tragedy struck you, you need the expert and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and deliver you the great financial recovery you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Concord and throughout Missouri 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 Concord, MO immediately at (314) 500-HURT.

If you were hurt by a defective product in Concord, MO, discover how much your claim may be worth by using our free personal injury calculator.



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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Concord, MO:

Concord, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that dangerous products result in over 29 million injuries and 21,000 fatalities every year.

Based on data 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 extreme destruction that can be caused when manufacturers and vendors do not obey adequate safety protocols.

If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Concord, MO for passionate, committed and experienced support and legal counsel.

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

Pursuant to Missouri Revised Statute §537.760, you and your Concord, MO defective products lawyer can make a "strict liability" claim if three factors are met:

  1. The defendant was involved in the product's chain of distribution.
  2. The product was used in a manner rationally expected.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or seller's that caused you direct harm, and/or
    2. You were injured because there was a dangerous 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 design to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can avoid liability if:

  • You discover who the manufacturer is, it still exists and is financially capable of paying you for the entirety of your damages.
  • The seller makes an affidavit under oath that their only involvement in the stream of commerce was selling it.
  • No other party in the case presents evidence that the seller took part in any other aspect of the chain of distribution.
  • The dismissal is requested to the court no later than 60 days after the complaint is filed.

If those conditions are met, 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 responsible for the hazardous condition or the manufacturer is unable to pay for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every at-fault party is held accountable.

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

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

Most personal injury suits in Concord, MO depend on the idea 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 instance if if there a loose floor boards at a restaurant that cause you to fall they might be found responsible for your damages and would have to pay you compensation.

However, most product liability or defective products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault 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 Concord, 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 defect in the design that subsequently passes the defect to all of that product model that go on to be manufactured. 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 a failure 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 using the wrong kind of screws or bolts.
  3. Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger that could come about 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically does not have to warn against obvious dangers. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to incentivize corporations to implement exhaustive safety protocols for verifying the safety of their products. Even so, too often companies do not value our safety and try to focus more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Concord, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but full compensation.

Comparative Negligence in Defective Productions Claims in Concord, MO

Manufacturers, vendors and anyone else in the stream of commerce will often rely on the concept of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the defendants to argue that you are liable for a portion of the fault and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt an entity involved in the chain of distribution makes to get out their responsibility to reimburse you for the damage their product did to you. Your Concord, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances apply:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor 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, 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. 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 reasonably foresee that use of the product.
  • You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can significantly lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto wreck. 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 referred to as "Assumption of the risk," a principle in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 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 did not take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 obeyed proper protocols.
  • You failed to mitigate your damages. In any personal injury claim, you are ethically bound 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 you have no right to ask them for money they do not owe you.

Just because the defense can — and will — try to convince the court that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies use a variety of tricks to try and devalue your claim, but your Concord, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair 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 we get paid a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal representation that matches and exceeds that of bullying manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Concord, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Concord, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause accident and fires, and lead to further injuries when the safety components to not function as they should. Common defective motor vehicle parts we see are:

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

Alternative vehicles like 4-wheelers 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 Concord, MO

Medical devices are intended to make our lives better and allow us to live the life we want. 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 Concord, MO has seen be defective include:

  • Artificial hips, knees or other joints that can result in infections, instability, pain or repeated dislocations
  • Pacemakers, which can lead to infections or even wrongful death because of premature failures
  • Surgical robots designed 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 bleeding and unwanted pregnancies

As the medical industry keeps implementing more and more advanced technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the leading factor.

In 2017, the U.S. Health and Human Services Department reported that in the course of a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of easing it. If a flawed medical device caused you injuries, your Concord, MO defective injuries lawyer at Burger Law will fight for your right to be compensated 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 degrade too quickly and have caused unthinkable pain and permanent damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Concord, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must follow 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 market whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Concord, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Hundreds of thousands of 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 a loved one sustained injuries because of reckless pharmaceutical companies and manufacturers, reach out to 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 held opioid manufacturers accountable when their actions have taken someone from this world too soon.

Other common dangerous products we file suit for in Concord, MO include:

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

Call Burger Law Now

Concord, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Concord, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we strive to see the vulnerable in Concord and throughout Missouri receive full compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on securing 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 Concord, 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 Concord, MO today at (314) 500-HURT or contact us online to start on your journey to true healing.

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