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Defective Products Lawyer in Concordia, MO.

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

Think of what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit by a computer or work around machines, and/or use your cell phone throughout the day. You may use lawnmowers on your free days. You may even have a joint replacement 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 market. When there is an error in that process and a product becomes defective, it can have a ruinous impact on on your life and lives of those you love in Concordia, MO. If tragedy struck you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to stand in your corner and win you the full compensation you deserve.

In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have gotten our clients in Concordia and throughout Missouri in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Concordia, MO now at (314) 500-HURT.

If you were injured by a defective product in Concordia, MO, learn how much your claim may be worth by using our complimentary 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 Concordia, MO:

How Common Are Defective Products in Concordia, MO?

The Consumer Product Safety Commission has found that dangerous products account for in excess of 29 million injuries and 21,000 fatalities each year.

According to facts 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 speaks to the unbelievable devastation an unsafe product can cause.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Concordia, MO for understanding, committed and skilled support and legal representation.

How Defective Products Claims Work in Concordia, MO

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

  1. The defendant was part of 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 had a defective condition that was unreasonably dangerous when the product was sold and your injuries are a direct result of that defect, 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 "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to purchase, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the case if:

  • You discover who the manufacturer is, it still does business and is financially capable of reimbursing you for the entirety of your damages.
  • The distributor signs an affidavit under oath that their only involvement in the process was selling it.
  • There is no evidence is presented to the court that the vendor was involved in any other facet of the chain of distribution.
  • The motion to dismiss is filed within 60 days.

If the above conditions are satisfied, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they had a larger role in the production of the product than they led on, were otherwise liable for the fault or the manufacturer is unable to compensate you for the entirety of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery you are owed.

Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product went to market. This defense will only work for 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?

Most personal injury cases in Concordia, MO depend on the concept of negligence. We all have a civil duty to not recklessly cause harm 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 fails in that obligation, for instance if sustain an injury because you were hit by a distracted driver they can be held responsible for your damages and would owe you compensation.

However, most product liability or dangerous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is liable for any damage 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 Concordia, 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 fault in the design that afterwards passes the imperfection to all products with the same design. An example is a toy intended for children that contains a choking hazard.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure in the manufacturing process. This can either only make one product dangerous, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be installing outdated components or a swing set with a cracked chain.
  3. Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This occurs when the product was not dangerous through design or manufacture, but instead 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 a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. 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 chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement exhaustive safety protocols for verifying that their products will not put the people who use it at risk. However, too often companies do not value our safety and try to focus more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Concordia, MO will fight by your side and demand only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Concordia, MO

An oft-used defense for manufacturers in a product liability lawsuit is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the chain of distribution to put forth the argument that you share 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 your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to get out their obligation to reimburse you for the damage their product did to you. Your Concordia, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may say you bear 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 distributor is only has to make a product safe for ways that they can expect the public to use it. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. On the other hand, if you use a loaded rifle 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 way that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can considerably lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. A pharmaceutical company could reasonably see 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 called as "Assumption of the risk," a theory 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
  • You did not follow safety guidelines. 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 followed proper protocols.
  • You did not mitigate your damages. In any personal injury claim, you are expected to try to lessen the financial recovery you are owed. For example, you cannot seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because the manufacturer or seller can — and will — argue that comparative fault applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ a lot of dishonest ruses to try and devalue your claim, but your Concordia, 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 do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the compensation you receive, and we do not collect any attorney's fees until we win your case. Call Burger Law today at (314) 500-HURT for legal advocacy that matches and surpasses that of resistant manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Concordia, MO

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

  • Brakes
  • Airbags
  • Ignitions
  • Electrical systems
  • Tires
  • Steering systems
  • Engine cooling fan blades

Offroad 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 Concordia, 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 implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Concordia, MO has seen be defective are:

  • Artificial hips, knees or other joints that can cause infections, instability, pain or frequent dislocations
  • Pacemakers, which can result in infections or even wrongful death when they do not last as long as expected
  • Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can lead to perforated organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to invade the lungs
  • Permanent birth control implements that can pierce organs, cause pelvic pain, abnormal bleeding and unplanned pregnancies

As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the number one factor.

In 2017, the U.S. Health and Human Services Department found that over the span of 10 years Medicare had to spend at least $1.5 billion to replace over 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of improving our lives. If a faulty medical device caused you damages, your Concordia, 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. Their knee replacements were incorrectly packaged and shipped, causing them to degrade sooner than anticipated and have caused incredible pain and permanent damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was made aware of the defect 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 here:

View Complaint

Defective Drug Lawyer in Concordia, MO

The Federal Drug Administration has strict 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. That means that many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over 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 Concordia, MO to stand up to these bullying corporations and let them know that their behavior is intolerable.

Hundreds of thousands of drugs and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or a family member received injuries because of irresponsible pharmaceutical companies and manufacturers, 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from their family too soon.

Other examples of dangerous products we see in Concordia, 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

Concordia, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Concordia, 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 endeavor to see the vulnerable in Concordia and throughout Missouri get 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, as well as the mental and physical toll your injury has taken on you and your Concordia, 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 Concordia, MO now at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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