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Defective Products Lawyer in Eureka, MO.

Defective Products Lawyer in Eureka, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Eureka, MO today at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Imagine 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 car, sit at in a chair or work around heavy equipment, and/or use your cell phone at various times during the day. You may use lawnmowers on your days off. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that at one point was engineered, produced, shipped and sold. When there is an error in the stream of commerce and a product becomes dangerous, it can have a catastrophic effect on on your life and lives of those you love in Eureka, MO. When that happens to you, you need the accomplished and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the full compensation you are owed.

In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have won our clients in Eureka and throughout Missouri over $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 Eureka, MO immediately at (314) 500-HURT.

If you were injured by a faulty product in Eureka, MO, see how much your claim may be worth by utilizing our complimentary personal injury calculator.



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Phone: (314) 500-HURT

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

Eureka, MO Defective Products Statistics

The Consumer Product Safety Commission states that defective products result in in excess of 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 hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme destruction an unsafe product can cause.

If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Eureka, MO for empathetic, committed and talented support and legal counsel.

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

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

  1. The person was part of the product's chain of distribution.
  2. You used the product in a way easily expected.
  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 was the proximate cause of your injuries, and/or
    2. You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.

The "stream of commerce" refers to anyone involved in the product from initial conception to purchase, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the suit if:

  • You discover who the manufacturer is, it still does business and is financially capable of reimbursing you for the entirety of your injuries.
  • The seller makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • There is no evidence is brought in front of the court that the distributor took part in any other aspect of the stream of commerce.
  • The motion to dismiss is filed within 60 days.

If those conditions are satisfied, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they had a larger role in the engineering of the product than they implied, were otherwise to blame for the dangerous condition or the manufacturer is unable to compensate you for all 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 to-blame party is held accountable.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be fully understood before use by the consumer. This defense is only valid for failure to warn product liability cases, 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 suits in Eureka, MO are won or lost based on the conception of negligence. We all have an obligation to each other's safety in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they may be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

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 to blame for any injuries that results 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 Eureka, 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 inherent imperfection in the design that afterwards passes the defect 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: A product can be designed effectively and safely but still become hazardous 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 swing set with a cracked chain.
  3. Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. 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 risks. For example, 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 comprehensive safety protocols for ensuring that their products will not pose a danger to the public. However, too often corporations do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Eureka, MO will fight on your behalf and demand only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Eureka, MO

A common defense for manufacturers in a product liability case is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to argue that you are responsible 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 at fault for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to eschew their duty to pay you for the damage their product did to you. Your Eureka, MO defective products lawyer at Burger Law will not let them get away with it. 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 seller is only has to make a product safe for ways that they can expect a consumer to use it. 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 are injured playing catch with a power tool or other sharp object, 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 manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly decrease it but can significantly diminish 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 used the product while aware of a reasonable level of danger associated with the use. This is often referred to as "Assumption of the risk," a concept in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 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 hurt doing such a thing.
  • You failed to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. If you were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you obeyed proper protocols.
  • You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the financial recovery you are owed. 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 people in the chain of distribution can — and will — work hard to persuade a jury that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies use a lot of dishonest ruses to try and minimize your claim, but your Eureka, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations 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 we collect a moderate percentage of the compensation you get, and you owe us nothing until we win your case. Call Burger Law immediately at (314) 500-HURT for legal representation that rivals and exceeds that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Eureka, MO

Our defective products lawyer team sees in Eureka, MO sees more defective vehicles than any other product, both because of how many people use them 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 crashes and fires, and lead to further injuries when the safety components to not function as they should. Common defective car components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Tires
  • Steering systems
  • Accelerators

Offroad vehicles like 4-wheelers 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 Eureka, MO

We trust 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. Examples of medical devices that your Burger Law defective products lawyer in Eureka, MO has seen cause further injuries to patients are:

  • Artificial joints that can result in infections, instability, pain or repeated dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can cause perforated organs, infections and internal burns
  • Blood clot filters that permit dislodged blood clots to invade the lungs
  • Permanent birth control devices that can puncture organs, result in pelvic pain, abnormal blood loss and unintended pregnancies

As the medical industry keeps inventing new technologies, the amount of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the number one factor.

In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare had to spend at least $1.5 billion to replace more than 73,000 defective 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 faulty medical device ended up worsening your condition, your Eureka, 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 unneeded pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements degrade too quickly and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was retained by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Eureka, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must follow from manufacturing to sale. 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 prescriptions 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 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 Eureka, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.

Four thousand five hundred 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 reckless pharmaceutical companies and corporations, 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 filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

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

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

Call Burger Law Now

Eureka, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Eureka, MO knows that when manufacturers and vendors fail to make safe products it 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 Eureka and throughout Missouri be compensated 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 immediately start working on securing you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical toll your injury has taken on you and your Eureka, 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 Eureka, MO right away at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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“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!”

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