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Defective Products Lawyer in Desloge, MO.

Defective Products Lawyer in Desloge, MO. If you or a loved one was harmed by a dangerous product, reach out to a Burger law defective products lawyer in Desloge, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.

Imagine your daily routine: You may have a skincare routine or put on some 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 go boating on the weekend. You may even have a pacemaker 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 shelves. When there is a breakdown in that process and a product becomes hazardous, it can have a catastrophic impact on Desloge, MO individuals and families. When that happens to you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to stand in your corner and secure you the full compensation you deserve.

In our In our 30 years of experience standing up for fairness and justice, we have secured our clients in Desloge and beyond more than $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Desloge, MO right away at (314) 500-HURT.

If you were hurt by a faulty product in Desloge, MO, see how much your claim may be worth by utilizing 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 Desloge, MO:

How Common Are Defective Products in Desloge, MO?

The Consumer Product Safety Commission states that dangerous products are responsible for more than 29 million injuries and 21,000 fatalities annually.

According to facts 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 extreme devastation an unsafe product can cause.

If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Desloge, MO for empathetic, committed and skilled support and legal representation.

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

According to Missouri Revised Statute §537.760, you and your Desloge, MO defective products lawyer can can hold a person or corporation responsible for your damages if three conditions are true:

  1. The company was part of the product's chain of distribution.
  2. The product was used in a way rationally foreseen.
  3. One or both of the following:
    1. The product was in a faulty condition that was unreasonably hazardous when you bought the product 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 that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may avoid liability if:

  • The manufacturer is known, has not closed their business and is financially capable of compensating you for the entirety of your damages.
  • The vendor makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
  • No other party in the case puts forward evidence that the vendor was involved in any other facet of the design and manufacturing process.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are fulfilled, 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 demonstrates that they were actually involved in the design or manufacture of the product, were otherwise to blame for the defect or the manufacturer cannot reimburse 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 compensation that they owe you.

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 is only valid for inadequate warning 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 suits in Desloge, MO are decided by the conception of negligence. We all have a duty to each other's safety in certain situations; for example, Desloge, MO dog owners must always have control of their dog. When someone fails in that obligation, for instance if if you are misdiagnosed because of substandard medical attention they might be found accountable for your damages and would owe you a financial recovery.

By contrast, most product liability or dangerous products claims come down to strict liability, meaning that a designer, manufacturer or vendor is to blame for any injuries that results the reasonable use of a product, 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 Desloge, 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 inherent defect in the design that afterwards passes the flaw 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 mistakes 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 installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Insufficient Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about inherent risks. 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. The company that makes a product generally does not have to warn against dangers that a reasonable person would anticipate. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement exhaustive safety procedures for ensuring the safety of their products. Even so, too often companies do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Desloge, MO will fight by your side and demand nothing but the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Desloge, 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 allows for those in the chain of distribution to put forth the defense that you are liable for a portion of your injuries 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 responsible for the accident, you will only receive $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to get out their obligation to reimburse you for the harm they have caused. Your Desloge, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative fault if the following situations apply:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. 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. By contrast, if you use a loaded shotgun 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 the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to completely avoid liability but can considerably lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car 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 risks of the product while you were using it. This is often referred to 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, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
  • 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. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 recommended precautions.
  • You failed to mitigate your damages. In any personal injury claim, you are expected 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 the defense can — and will — work hard to persuade a jury that comparative negligence applies to your case, that does not mean they will be successful. Bullying corporations and insurance companies use myriad deceitful tactics to try and minimize your claim, but your Desloge, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies 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 works on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you collect, and you owe us nothing until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal representation that rivals and exceeds that of bullying manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Desloge, MO

Our defective products lawyer team sees in Desloge, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not work as they should. Common defective motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Wheels
  • Door latches
  • Headlights and taillights

Alternative vehicles like 4-wheelers 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 Desloge, MO

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

  • Artificial hips, knees or other joints that can lead to infections, instability, pain or recurring dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can result in punctured organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control devices that can puncture organs, result in pain in the pelvic region, abnormal hemorrhaging and unintended pregnancies

As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has increased exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to issues with software.

In 2017, the U.S. Health and Human Services Department found that over a decade Medicare paid out at least $1.5 billion to replace more than 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 helping us. If a faulty medical device ended up worsening your condition, your Desloge, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused incredible pain and lifelong damage to potentially as many as 150,000 people 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 continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Desloge, MO

The Federal Drug Administration has firm 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 independent testing many medications reach the market without an objective analysis of the potential drawbacks compared to the 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 Desloge, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Hundreds of thousands of prescriptions 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 family member had your condition worsen because of careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by winning you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from this world too soon.

Other examples of dangerous products we collect compensation for our clients for in Desloge, MO include:

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

Call Burger Law Now

Desloge, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Desloge, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your life. That is why we have dedicated our lives to seeing the injured in Desloge and throughout Missouri collect maximum compensation 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 securing 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 Desloge, 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 Desloge, MO right away at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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