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Defective Products Lawyer in De Kalb, MO.

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

Think of your daily routine: You may make coffee in a coffee maker 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 android at various times during the day. You may use lawnmowers on the weekend. You may even have a knee replacement or other medical device. 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 shelves. When there is a mistake in the stream of commerce and a product becomes dangerous, it can have a devastating effect on on your life and lives of those you love in De Kalb, MO. If tragedy struck you, you need the knowledgeable and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and deliver you the maximum compensation you deserve.

In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have gotten our clients in De Kalb and throughout Missouri more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in De Kalb, MO today at (314) 500-HURT.

If you were injured by a defective product in De Kalb, MO, see how much your claim may be worth 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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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in De Kalb, MO:

De Kalb, MO Defective Products Statistics

The Consumer Product Safety Commission states that hazardous products cause in excess of 29 million injuries and 21,000 deaths every year.

According to statistics 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 speaks to the incredible harm an unsafe product can cause.

If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in De Kalb, MO for understanding, dedicated and talented support and legal counsel.

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

Under Missouri Revised Statute §537.760, you and your De Kalb, 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 manner reasonably foreseen.
  3. Either or both of the following conditions:
    1. The product was in a faulty condition that was unreasonably dangerous 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 "chain of distribution" refers to anyone involved in the product from initial design to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the suit if:

  • The manufacturer is known, still exists and is able to pay for the entirety of your damages.
  • The entity that sold it signs an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
  • There is no evidence is submitted to the court that the distributor took part in any other part of the design and manufacturing process.
  • The motion to dismiss is filed within 60 days.

If the aforementioned conditions are met, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise responsible for the hazardous condition or the manufacturer cannot compensate you for all of your injuries, 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 deserve.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be completely understood before use by the public. This defense is only valid for inadequate warning defective products claims, and the burden of proof is on the defense.

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

The majority of personal injury lawsuits in De Kalb, MO are decided by the concept of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the De Kalb, MO roads. When someone fails in that responsibility, for instance if if there a loose floor boards at a restaurant that cause you to fall they can be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or hazardous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is liable for any injuries 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 De Kalb, 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 got into your hands.

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 imperfection to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
  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 hazardous, 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 leaving sharp edges on plastic or other materials.
  3. Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about innate risks. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product 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 incentivize corporations to implement exhaustive safety procedures for verifying the safety of their products. Even so, too often corporations are negligent and concentrate more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in De Kalb, MO will hold them responsible by conducting a full investigation of your case and insisting on only full compensation.

Comparative Negligence in Defective Productions Claims in De Kalb, MO

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to argue that you are responsible for a portion of your injuries and, therefore, they are not liable for the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt an entity involved in the chain of distribution makes to get out their obligation to pay you for the harm they have caused. Your De Kalb, 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 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, 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 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 way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably diminish it 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 hazards 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 using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
  • 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 say that any reasonable person would have known that they could be seriously hurt 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 highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not followed proper protocols.
  • You did not mitigate your damages. In any personal injury claim, you are expected 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 manufacturer or vendor can — and will — work hard to persuade a jury that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies employ numerous deceitful tactics to try and devalue your claim, but your De Kalb, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies will try everything to avoid paying you and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you receive, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law now at (314) 500-HURT for legal representation that rivals and surpasses that of bullying manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in De Kalb, MO

Our defective products lawyer team sees in De Kalb, 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 lead to crashes and fires, and lead to further injuries when the safety components to not function as they should. Common defective motor vehicle components we see are:

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

Offroad vehicles like ATVs 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 De Kalb, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more complications when they are defective. Common medical devices that your Burger Law defective products lawyer in De Kalb, MO has seen cause further injuries to patients are:

  • Artificial joints that can lead to infections, instability, pain or repeated dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on hard to reach areas which, when they malfunction, can result in perforated organs, infections and internal burns
  • Blood clot filters that permit dislodged blood clots to slip into the lungs
  • Permanent birth control implements that can perforate organs, result in pelvic pain, abnormal bleeding and unintended pregnancies

As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, mostly because of issues with software.

In 2017, the U.S. Health and Human Services Department found that throughout a decade Medicare had to spend at least $1.5 billion to replace more than 73,000 defective heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a flawed medical device caused you damages, your De Kalb, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

In February 2022, 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 unthinkable pain and lifelong damage to possibly as many as 150,000 patients 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 here:

View Complaint

Defective Drug Lawyer in De Kalb, MO

The Federal Drug Administration has stringent 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. That means that many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than 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 De Kalb, MO to stand up to these bullying corporations and let them know that their conduct is intolerable.

Hundreds of thousands of medications and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or a loved one had your condition worsen because of reckless pharmaceutical companies and manufacturers, contact 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 filed suits 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 collect compensation for our clients for in De Kalb, 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

De Kalb, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in De Kalb, 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 De Kalb and throughout Missouri be compensated 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 getting you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your De Kalb, 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 De Kalb, MO now at (314) 500-HURT or contact us online to start on your journey to being made whole again.

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