Defective Products Lawyer in Eureka, MO.
Defective Products Lawyer in Eureka, MO. If you or someone you love sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Eureka, MO right away at or fill out our online form for a complimentary case evaluation.
Picture your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit at in a chair or work around heavy equipment, and/or use your cell phone on and off throughout the day. You may use lawnmowers on the weekend. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the shelves. When there is an error in the chain of distribution and a product becomes hazardous, it can cause severe harm to you and your Eureka, MO family. When that happens to you, you need the expert and committed legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the best possible compensation you deserve.
In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Eureka and beyond more than $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Eureka, MO right away at .
If you were hurt by a faulty product in Eureka, MO, see the true value of your case by filling out our complimentary personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Eureka, MO:
- FDA Recall List and Safety Alerts
- Consumer Products Safety Commission Recall List
- U.S. Department of Transportation Motor Vehicle Recall List
- What to Do if You're Injured by a Dangerous Product?
- Can I Sue a Company if Their Product Gave Me Cancer?
- Can I Sue for a Defective Car Part if it Caused My Accident?
Eureka, MO Defective Products Statistics
The Consumer Product Safety Commission has found that hazardous products result in 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 unbelievable ruin that can be caused when manufacturers and distributors do not adhere to the rules.
If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Eureka, MO for empathetic, committed and experienced support and legal representation.
How Defective Products Claims Work in Eureka, MO
- The person was part of the product's design, manufacture, distribution and sale.
- You used the product in a manner reasonably anticipated.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably dangerous when you bought the product and your injuries are a direct result of that defect, and/or
- 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 design to purchase, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the claim if:
- You discover who the manufacturer is, it has not closed their business and is financially capable of paying you for all of your damages.
- 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 vendor was involved in any other part of the design and manufacturing process.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If those conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise liable for the fault or the manufacturer is unable to reimburse you for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation you deserve.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be completely understood before use by the consumer. This defense is only applicable to 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 claims in Eureka, MO are based on the concept 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 Eureka, MO roads. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they may be found accountable for your damages and would have to pay you a financial recovery.
However, most product liability or defective products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is at fault for any damage 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 — 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:
- Design Defect: A design defect is an inherent imperfection in the design that subsequently passes the defect to all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
- 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 only make one product defective, 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
- Insufficient Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about innate dangers. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water 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 instance, they do not have to warn you that a match could start a fire.
Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety protocols for guaranteeing the safety of their products. However, too often corporations 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 Eureka, MO will fight by your side and insist on nothing but the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in Eureka, MO
An oft-used defense for manufacturers in a dangerous product claim is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to posit 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 to blame for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to avoid their obligation 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 negligence if the following situations apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect the public 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 use a loaded rifle to prop a door open and it misfires, 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 way 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 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 called 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 taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
- 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- 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 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 adhered to recommended safety measures.
- You did not 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 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 vendor can — and will — work hard to persuade a jury that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies use myriad tricks to try and devalue your claim, but your Eureka, MO defective products lawyer at Burger Law knows how to combat them. We know these companies are unfair and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the financial recovery you are awarded, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law today at for legal representation that parallels and exceeds that of bullying manufacturers and sellers 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 are involved. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous car parts we see are:
- Fuel systems
- Electrical wiring
- Headlights and taillights
Offroad vehicles like ATVs can also cause damage, 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 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 be defective are:
- Artificial joints that can result in infections, instability, pain or repeated dislocations
- Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as expected
- Robotic surgical assistants designed to operate on hard to reach areas which, when they do not work properly, can lead to perforated 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 perforate organs, lead to pain in the pelvic region, excessive blood loss and unplanned pregnancies
As the medical industry keeps coming up with new technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly because of problems with software.
In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare had to spend at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Eureka, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
Earlier this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was contacted 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 here:
Defective Drug Lawyer in Eureka, MO
The Federal Drug Administration has firm procedures that pharmaceutical companies must adhere to 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. With no absolute independent testing many medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations 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 Eureka, MO to stand up to these bullying corporations and make them realize that their behavior is unacceptable.
Hundreds of thousands of drugs and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you care about had your condition deteriorate because of reckless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations liable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.
Other examples of defective products we see in Eureka, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Eureka, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Eureka, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we endeavor to see the injured in Eureka and throughout Missouri collect full 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 immediately start working on wining you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical hardships your injury has inflicted 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 or contact us online to take the first step toward a true recovery.