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Defective Products Lawyer in Drexel, MO.

Defective Products Lawyer in Drexel, MO. If you or someone you love was harmed by a dangerous product, call a Burger law defective products lawyer in Drexel, MO now at (314) 500-HURT or fill out our online form for a free consultation.

Imagine what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around technology, and/or use your cell phone throughout the day. You may use lawnmowers on the weekend. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be engineered, produced, shipped and bought. When there is a mistake in that process and a product becomes dangerous, it can cause serious injuries to you and your Drexel, MO family. If tragedy struck you, you need the knowledgeable and committed legal representation of Burger Law's defective products lawyer team to stand in your corner and win you the great financial recovery you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Drexel and beyond 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 Drexel, MO immediately at (314) 500-HURT.

If you were harmed by a defective product in Drexel, MO, discover the true value of your claim by filling out 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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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Drexel, MO:

Drexel, MO Defective Products Statistics

The Consumer Product Safety Commission has found that defective products cause more than 29 million injuries and 21,000 deaths annually.

According to data from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable harm 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 Drexel, MO for understanding, dedicated and experienced support and legal representation.

How Defective Products Claims Work in Drexel, MO

Under Missouri Revised Statute §537.760, you and your Drexel, MO defective products lawyer can can hold a person or corporation liable for your damages if three factors are met:

  1. The corporation was part of the product's design, manufacture, distribution and sale.
  2. You used the product in a way reasonably anticipated.
  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. Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone 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 has not closed their business and is financially capable of compensating you for all of your injuries.
  • The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is submitted to the court that the vendor took part in any other facet of the stream of commerce.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If those conditions are satisfied, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they implied, were otherwise at fault for the hazardous condition or the manufacturer cannot reimburse you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every liable party is held accountable.

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 will only work for for inadequate warning product liability cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in Drexel, MO are decided by the idea of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that obligation, for instance if are injured by a fatigued truck driver they can be held liable for your damages and would owe you a financial recovery.

However, most product liability or hazardous products cases 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 Drexel, 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 subsequently affects 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: A product can be designed effectively and safely but still become dangerous 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 installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This occurs when the product was not defective through design or manufacture, but instead 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 a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer generally does not have to warn against risks that a reasonable person would foresee. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety procedures for verifying the safety of their products. Even so, too often companies are negligent and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Drexel, MO will hold them accountable by conducting a full investigation of your case and demanding only full compensation.

Comparative Negligence in Defective Productions Claims in Drexel, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the defendants to posit that you are liable for a portion of the fault and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent at fault for your injuries, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to eschew their duty to pay you for the harm they have caused. Your Drexel, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According to the statute, the defense may say you shoulder 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 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. 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 be expected to foresee that happening.
  • 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 significantly diminish it but can considerably diminish 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 concept 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 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 took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you adhered to proper protocols.
  • You failed to mitigate your damages. In any personal injury claim, you have a duty 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 people in the chain of distribution can — and will — argue that comparative fault applies to your injuries, that does not mean the claim is automatically true. Powerful corporations and insurance companies implement a variety of dishonest ruses to try and devalue your claim, but your Drexel, 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 unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you receive, and you owe us nothing until you get the great compensation you deserve. Call Burger Law immediately at (314) 500-HURT for legal representation that matches and exceeds that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Drexel, MO

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

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

Offroad vehicles like ATVs can also cause damage, for instance many of them are prone to flipping 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 Drexel, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Drexel, MO has seen cause further complications for patients include:

  • Artificial joints that can result in infections, instability, pain or frequent dislocations
  • Pacemakers, which can lead to infections or even wrongful death because of premature failures
  • Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can cause pierced organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control implements that can puncture organs, lead to pain in the pelvic region, abnormal hemorrhaging and unintended pregnancies

As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department reported that over the span of 10 years 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 defective medical device caused you injuries, your Drexel, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you receive a full financial recovery for all of the unneeded pain you experienced.

In February of this year, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to deteriorate too quickly and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was made aware of the defect 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 Drexel, MO

The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. 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 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 who need medicine and treatments that are truly effective. 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 Drexel, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.

Hundreds of thousands of medications and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you love had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer now. 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 selfishness has taken someone from their family too soon.

Other examples of defective products we file suit for in Drexel, 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

Drexel, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Drexel, MO knows that being injured by a faulty product can completely upend your life. That is why we have devoted our lives to seeing the injured in Drexel and throughout Missouri get the best possible 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 securing you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Drexel, MO family. We will fight by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Drexel, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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