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Defective Products Lawyer in Cuba, MO.

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

Think of your daily routine: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around heavy equipment, and/or use your cell phone throughout the day. You may drive go-carts 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 technology that has gone through various stages of design and production before it reaches the market. When there is a breakdown in the stream of commerce and a product becomes hazardous, it can cause severe injuries to you and your Cuba, MO family. When that happens to you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to stand by your side and deliver you the full compensation you deserve.

In our In our 30 years of experience standing up for the rights of the injured and vulnerable, we have delivered our clients in Cuba and beyond over $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in Cuba, MO now at (314) 500-HURT.

If you were hurt by a dangerous product in Cuba, MO, see the true value of your claim 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 helpful links and FAQS from your Burger Law defective products injury lawyer in Cuba, MO:

How Common Are Defective Products in Cuba, MO?

The Consumer Product Safety Commission states that faulty 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 people injured by dangerous 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 that can be caused when manufacturers and distributors do not obey proper safety measures.

If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Cuba, MO for understanding, dedicated and knowledgeable support and legal counsel.

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

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

  1. The company was involved in the product's chain of distribution.
  2. The product was used in a way reasonably expected.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably hazardous when you bought the product that caused you direct harm, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "stream of commerce" refers to anyone involved in the product from initial conception to sale, including a distributor or seller. Pursuant to Missouri Revised Statute §5537.762, someone 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, still exists and is financially capable of reimbursing you for all of your injuries.
  • The entity that sold it signs an affidavit under oath that their only involvement in the process was selling it.
  • No other party in the case submits evidence that the vendor took part in any other facet of the chain of distribution.
  • The motion to dismiss is filed within 60 days.

If those conditions are satisfied, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they led on, were otherwise responsible for the defect or the manufacturer cannot reimburse you for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great compensation you are owed.

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 consumer. This defense will only work for for failure to warn product liability cases, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury claims in Cuba, MO are decided by the idea of negligence. We all have an responsibility to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found liable for your damages and would owe you a financial recovery.

By contrast, most product liability or hazardous products claims are strict liability claims, 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 Cuba, 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 it came into your possession.

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 subsequently passes the defect to all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
  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 affect only one product, 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 swing set with a cracked chain.
  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 hazard 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 risks. 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 comprehensive safety protocols for verifying that their products will not pose a danger to the public. However, too often companies do not respect their obligation to make safe products and try to focus more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Cuba, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Cuba, MO

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to argue that you are responsible for a portion of your damages and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to avoid their duty to pay you for the harm they have caused. Your Cuba, MO defective products lawyer at Burger Law will not let them get away with it. Pursuant to the statute, the defense may say you bear 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 way the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect a consumer to use it. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. By contrast, 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 reasonably foresee that happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably decrease it but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto collision. 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 called 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, 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 hurt doing such a thing.
  • You neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce 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 would have been avoided had you obeyed proper protocols.
  • You failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot seek unnecessary medical treatment. 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 — argue that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies implement numerous tricks to try and lower your claim, but your Cuba, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you receive, and you owe us nothing until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal representation that parallels and exceeds that of bullying manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Cuba, MO

Our defective products lawyer team sees in Cuba, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and fail to protect occupants from harm as intended. Common defective motor vehicle parts we see are:

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

Alternative vehicles like 4-wheelers can also cause harm, 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 Cuba, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Cuba, MO has seen cause further injuries to patients are:

  • Artificial joints that can lead to infections, limited mobility, chronic soreness or frequent 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 parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can lead to punctured organs, infections and internal burns
  • Blood clot filters that permit free-floating blood clots to slip into the lungs
  • Permanent birth control implements that can puncture organs, cause pelvic pain, excessive bleeding and unwanted pregnancies

As the medical industry becomes more high-tech, medical device recalls have soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the foremost cause.

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 more than 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of easing it. If a flawed medical device caused you damages, your Cuba, 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 do not last nearly as long as they were intended to and have caused incredible pain and lifelong damage to possibly as many as 150,000 patients who had received the replacement joint. When Burger Law was retained 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 the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Cuba, MO

The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. 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 without an objective analysis of the potential drawbacks compared to the 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 Cuba, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.

Hundreds of thousands of drugs and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or a family member sustained injuries because of irresponsible pharmaceutical companies and corporations, get in touch with 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 successfully won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other common dangerous products we file suit for in Cuba, 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

Cuba, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Cuba, MO knows that being injured by a hazardous product can completely disrupt your life. That is why we strive to see the vulnerable in Cuba 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 wining you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical hardships your injury has taken on you and your Cuba, 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 Cuba, MO today at (314) 500-HURT or contact us online to start on your journey to being made whole again.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

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