have you been injured by a dangerous product in Missouri? Call Burger Law now.

Defective Products Lawyer in Eldon, MO.

Defective Products Lawyer in Eldon, MO. If you or a family member was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Eldon, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case review.

Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around technology, and/or use your android throughout the day. You may go 4-wheeling 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 product that had to be engineered, produced, packaged and purchased. When there is an oversight in the chain of distribution and a product becomes defective, it can cause serious harm to you and your Eldon, MO family. If tragedy struck you, you need the experienced and committed legal representation of Burger Law's defective products lawyer team to stand by your side and win you the maximum financial recovery 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 Eldon and beyond over $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Eldon, MO now at (314) 500-HURT.

If you were hurt by a defective product in Eldon, MO, find out 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

View Location

Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Eldon, MO:

Eldon, MO Defective Products Statistics

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

Based on 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 incredible ruin that can be caused when manufacturers and vendors do not follow the rules.

If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Eldon, MO for understanding, devoted and knowledgeable support and legal representation.

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

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

  1. The company was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a way easily foreseen.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably hazardous when you bought the product and your injuries are a direct result of that defect, and/or
    2. Your injuries stemmed from a hazardous 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 conception to sale, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it can be dismissed from the lawsuit 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 distributor makes 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 was involved in any other part of the design and manufacturing process.
  • The motion to dismiss is filed within 60 days.

If the aforementioned conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise to blame for the fault or the manufacturer is unable to compensate you for the entirety of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held responsible.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense is only applicable to for failure to warn 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.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury suits in Eldon, MO are decided by the notion of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Eldon, MO roads. When someone is negligent, for example if if there a loose floor boards at a restaurant that cause you to fall they may be held accountable for your damages and would owe you compensation.

By contrast, most product liability or dangerous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is liable 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 Eldon, 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 of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes in the manufacturing process. This can either only make one product dangerous, 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 leaving sharp edges on plastic or other materials.
  3. Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This occurs when the product was not hazardous 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 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 typically does not have to warn against dangers that a reasonable person would anticipate. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement comprehensive safety protocols for ensuring that their products will not pose a danger to the public. Even so, too often corporations do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Eldon, MO will hold them accountable by conducting a full investigation of your case and demanding only complete compensation.

Comparative Negligence in Defective Productions Claims in Eldon, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to argue that you are liable for a portion of your injuries and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to eschew their obligation to pay you for the harm they have caused. Your Eldon, MO defective products lawyer at Burger Law will not let them get away with it. Pursuant to the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances apply:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor 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 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 manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid fault but can considerably diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto accident. A pharmaceutical company could reasonably see 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, 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 make custom modification to your car's engine despite not being a mechanic. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You neglected to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 would have been avoided had you followed recommended safety measures.
  • You failed to try to keep your damages to a minimum. 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 defense can — and will — assert that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies use numerous dishonest ruses to try and minimize your claim, but your Eldon, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies are unfair and try to take advantage of people who have never had to file a lawsuit before. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you collect, and you do not pay us anything until we win your case. Call Burger Law now at (314) 500-HURT for legal representation that rivals and eclipses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Eldon, MO

Our defective products lawyer team sees in Eldon, 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 individual cars and vehicle components were recalled in the United States. Defective car parts can cause collisions and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous car parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical systems
  • Wheels
  • Door latches
  • Engine cooling fan blades

Alternative vehicles like ATVs 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 Eldon, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Eldon, MO has seen cause further complications for patients include:

  • Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or recurring dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can result in perforated organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can perforate organs, cause pain in the pelvic region, abnormal blood loss and unintended pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the leading cause.

In 2017, the U.S. Health and Human Services Department announced that over the span of 10 years Medicare paid out 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 injuries, your Eldon, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly 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 potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was contacted by a client, we immediately got to work bringing them what peace of mind we could 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 Eldon, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must follow from manufacturing to sale. 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 prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies 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 Eldon, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Hundreds of thousands of drugs 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 someone you care about had your condition worsen because of careless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by securing you compensation and holding negligent corporations liable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other common dangerous products we see in Eldon, 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

Eldon, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Eldon, MO knows that being harmed by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Eldon and throughout Missouri recover fair compensation for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we do not hesitate to start working on wining 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 Eldon, 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 Eldon, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.

Request a Free Consultation


“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!”

David and Fran Schneider

Hurt? Hire Us Today or call (314) 500-HURT

Other Locations

Schema