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Defective Products Lawyer in El Dorado Springs, MO.

Defective Products Lawyer in El Dorado Springs, MO. If you or someone you care about was injured by a dangerous product, reach out to a Burger law defective products lawyer in El Dorado Springs, MO immediately at (314) 500-HURT or fill out our online form for a free case evaluation.

Imagine what your daily like looks like: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may go 4-wheeling 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 shelves. When there is a mistake in the chain of distribution and a product becomes dangerous, it can cause severe harm to you and your El Dorado Springs, MO family. If tragedy struck you, you need the skilled and committed legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the full compensation you deserve.

In our In our 30 years of experience fighting for the rights of the injured and vulnerable, we have won our clients in El Dorado Springs and beyond more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in El Dorado Springs, MO today at (314) 500-HURT.

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

How Common Are Defective Products in El Dorado Springs, MO?

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

According to facts 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 unbelievable 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 El Dorado Springs, MO for understanding, devoted and skilled support and legal counsel.

What is the Process for Defective Products Claims in El Dorado Springs, MO?

Pursuant to Missouri Revised Statute §537.760, you and your El Dorado Springs, MO defective products lawyer can file a "strict liability" suit if three factors are true:

  1. The defendant was part of the product's stream of commerce.
  2. The product was used in a manner reasonably anticipated.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, 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 involved in the product from initial conception to purchase, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product may avoid liability if:

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

If the above conditions are met, 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 had a larger role in the design and manufacture of the product than they intimated, were otherwise liable for the defect or the manufacturer cannot reimburse you for all of the economic, physical and emotional loss you sustained, 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," meaning that a hazardous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense is only applicable to for inadequate warning product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

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

Most personal injury suits in El Dorado Springs, MO are decided by the concept of negligence. We all have an obligation to each other's safety in certain situations; for example, doctors must treat their El Dorado Springs, MO patients with a standard of care. When someone is negligent, for example if if there a loose floor boards at a restaurant that cause you to fall they might be held responsible for your damages and would owe you compensation.

However, most product liability or defective products claims are strict liability claims, meaning that a designer, manufacturer or vendor is at fault for any damage that stems from the reasonable use of a product, 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 El Dorado Springs, 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 imperfection in the design that afterwards affects all products with the same design. An example is an improperly designed safeguard on a power tool.
  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, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be bugs or other contaminants found in beverages or not properly fastening components to each other.
  3. Insufficient Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about inherent 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 obvious dangers. For example, 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 comprehensive safety procedures for guaranteeing that their products will not pose a danger to the public. Even so, too often companies are negligent and try to focus more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in El Dorado Springs, MO will fight on your behalf and insist on only a full financial recovery.

Comparative Negligence in Defective Productions Claims in El Dorado Springs, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to posit that you share a portion of your injuries and, therefore, they are not liable for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent to blame for your injuries, you will only receive $70,000. Often, claims of comparative fault are a disingenuous attempt an entity involved in the stream of commerce makes to get out their duty to pay you for the harm they have caused. Your El Dorado Springs, 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 way the manufacturer could foresee. A manufacturer or seller is only has to make a product safe for ways that they can expect the public to use it. For example, while chairs are meant for sitting, standing on one to reach something is common. 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 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 significantly 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 risks of the product while you were using it. This is often referred to as "Assumption of the risk," a theory in tort claims wherein, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. 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. 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 power tools or heavy machinery 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 failed to mitigate your damages. In any personal injury claim, you are ethically bound 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 the manufacturer or distributor can — and will — assert that comparative fault applies to your case, that does not mean they will be successful. Large corporations and insurance companies employ a variety of deceitful tactics to try and devalue your claim, but your El Dorado Springs, 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 have never had to file a lawsuit before. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you get, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal counsel that parallels and eclipses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in El Dorado Springs, MO

Our defective products lawyer team sees in El Dorado Springs, 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, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to collisions and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous motor vehicle components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Tires
  • Seats
  • Headlights and taillights

Offroad vehicles like ATVs can also cause injuries, 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 El Dorado Springs, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in El Dorado Springs, MO has seen be defective include:

  • Artificial hips, knees or other 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 intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can lead to punctured organs, infections and electrical burns
  • Blood clot filters that allow free-floating blood clots to invade the lungs
  • Permanent birth control devices that can puncture organs, lead to pelvic pain, abnormal hemorrhaging and unwanted pregnancies

As the medical industry keeps inventing more and more advanced technologies, the numbers of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly owing to issues with software.

In 2017, the U.S. Health and Human Services Department stated that throughout 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a flawed medical device ended up aggravating your condition, your El Dorado Springs, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 patients who had the replacement joint implanted. 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 view our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in El Dorado Springs, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must obey from manufacturing to delivery. 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 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 El Dorado Springs, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

Four thousand five hundred prescriptions and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one had your condition worsen because of careless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer immediately. 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 justice for the wrongful death of their loved one.

Other examples of defective products we collect compensation for our clients for in El Dorado Springs, MO include:

  • Children's toys
  • Chemicals such as cleaning products
  • Baby powder
  • Household appliances
  • Industrial machinery
  • Cell phone batteries
  • Cosmetic products

Call Burger Law Now

El Dorado Springs, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in El Dorado Springs, 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 injured in El Dorado Springs and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on getting you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your El Dorado Springs, 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 El Dorado Springs, MO right away at (314) 500-HURT or contact us online to start on the path to being made whole again.

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