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Defective Products Lawyer in Farmington, MO.

Defective Products Lawyer in Farmington, MO. If you or a loved one sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Farmington, MO immediately at (314) 500-HURT or fill out our online form for a complimentary consultation.

Think of what you do every day: 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 machinery, and/or use your cell phone throughout the day. You may go 4-wheeling on the weekend. You may even have a ankle 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 market. When there is a breakdown in that process and a product becomes hazardous, it can have a catastrophic impact on Farmington, MO individuals and families. When that happens to you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to fight on your behalf and secure you the maximum financial recovery you are owed.

In our In our 70 years of combined experience standing up for the rights of the injured and vulnerable, we have secured our clients in Farmington and throughout Missouri over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Farmington, MO now at (314) 500-HURT.

If you were harmed by a dangerous product in Farmington, MO, learn how much your claim may be worth by utilizing our complimentary personal injury calculator.



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

How Common Are Defective Products in Farmington, MO?

The Consumer Product Safety Commission states that dangerous products account for in excess of 29 million injuries and 21,000 fatalities every year.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the unbelievable devastation that can be caused when manufacturers and distributors do not follow adequate safety protocols.

If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Farmington, MO for passionate, dedicated and knowledgeable support and legal representation.

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

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

  1. The corporation was involved in the product's stream of commerce.
  2. You used the product in a way easily anticipated.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or vendor's and your injuries are a direct result of that defect, and/or
    2. You were injured because there was a dangerous 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 a distributor or seller. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may avoid liability if:

  • You discover who the manufacturer is, it still exists and can afford to reimburse you for the entirety of your damages.
  • The entity that sold it makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case submits evidence that the seller took part in any other aspect of the design and manufacturing process.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are met, the seller 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 responsible for the defect or the manufacturer cannot pay for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every at-fault party is held accountable.

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 public. This defense is only applicable to for failure to warn defective products claims, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.

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

The majority of personal injury cases in Farmington, MO are won or lost based on the concept of negligence. We all have a duty to each other's safety in certain situations; for example, Farmington, MO dog owners must always have control of their dog. When someone is negligent, for example if are injured by a fatigued truck driver they might be found liable for your damages and would owe you compensation.

However, most product liability or hazardous products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is accountable for any damage that results the reasonable use of a product, 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 Farmington, 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 subsequently passes the flaw to 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: This refers to a product that was safe in its design but became unsafe because of mistakes 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 bugs or other contaminants found in beverages 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 Foreseen: 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 danger that could arise 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 not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to encourage corporations to implement comprehensive safety procedures for verifying the safety of their products. However, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Farmington, MO will fight on your behalf and insist on only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Farmington, MO

An oft-used defense for manufacturers in a dangerous product lawsuit is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to posit that you are liable for a portion of the fault and, therefore, they are not required to compensate you for the full extent of your damages. 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, claims of comparative fault are an erroneous attempt a defendant makes to get out their obligation to pay you for the damage their product did to you. Your Farmington, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. 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 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. By contrast, 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 be expected to 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 considerably lower it but can significantly reduce 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 called as "Assumption of the risk," a principle 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 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 injured doing such a thing.
  • 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 injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries are your fault because you had not adhered to 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 lessen the financial recovery you are owed. For example, you cannot seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the stream of commerce can — and will — try to convince the court that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies employ numerous dishonest ruses to try and devalue your claim, but your Farmington, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations will try everything to avoid paying you and try to take advantage of people who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you get, and you do not pay us anything until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal representation that rivals and surpasses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Farmington, MO

Our defective products lawyer team sees in Farmington, 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, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and fail to protect drivers and passengers from harm as intended. Common faulty car parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Door latches
  • Accelerators

Offroad vehicles like 4-wheelers 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 Farmington, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Farmington, MO has seen cause further complications for patients include:

  • Artificial joints that can lead to infections, instability, pain or frequent dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as anticipated
  • Robotic surgical assistants designed to operate on hard to reach areas which, when faulty, can result in punctured organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control implements that can pierce organs, result in pain in the pelvic region, abnormal bleeding and unplanned pregnancies

As the medical industry keeps implementing new technologies, medical device recalls have increased exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the leading cause.

In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare paid out at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a flawed medical device ended up worsening your condition, your Farmington, 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 unnecessary pain you experienced.

In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. 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 permanent damage to potentially as many as 150,000 patients who had received the replacement joint. 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 view our original complaint here:

View Complaint

Defective Drug Lawyer in Farmington, MO

The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. 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 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, 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 Farmington, MO to stand up to these bullying corporations and let them know that their behavior is unacceptable.

Hundreds of thousands of medications 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 irresponsible pharmaceutical companies and corporations, call 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 held opioid manufacturers responsible when their negligence has taken someone from their family too soon.

Other common defective products we collect compensation for our clients for in Farmington, 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

Farmington, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Farmington, MO knows that being hurt by a faulty product can completely upend your life. That is why we have dedicated our careers to seeing the injured in Farmington 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 bills and lost wages, in addition to the mental and physical toll your injury has inflicted on you and your Farmington, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Farmington, MO immediately at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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