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Defective Products Lawyer in Franklin County, MO.

Defective Products Lawyer in Franklin County, MO. If you or a loved one sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Franklin County, MO right away at (314) 500-HURT or fill out our online form for a free case review.

Think of your daily routine: 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 iPhone throughout the day. You may go boating on the weekend. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was engineered, produced, packaged and bought. When there is an error in the stream of commerce and a product becomes defective, it can cause serious harm to you and your Franklin County, MO family. If tragedy struck you, you need the knowledgeable and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and deliver you the best possible financial recovery you deserve.

In our In our 30 years of experience fighting for fairness and justice, we have gotten our clients in Franklin County and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Franklin County, MO immediately at (314) 500-HURT.

If you were injured by a dangerous product in Franklin County, MO, discover the true value of your case 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 Franklin County, MO:

How Common Are Defective Products in Franklin County, MO?

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

Based on data 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 shows the extreme ruin that can be caused when manufacturers and distributors do not adhere to the rules.

If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Franklin County, MO for empathetic, committed and talented support and legal representation.

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

Pursuant to Missouri Revised Statute §537.760, you and your Franklin County, MO defective products lawyer can can hold a person or company accountable for your injuries if three factors are met:

  1. The defendant was part of the product's stream of commerce.
  2. You used the product in a manner reasonably expected.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably hazardous when you bought the product that caused you direct harm, 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 "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 that sold you the product. Under Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may be dismissed from the suit 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 vendor signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • No other party in the case comes forward with evidence that the seller was involved in any other part of the chain of distribution.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If those conditions are met, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they intimated, were otherwise at fault for the defect or the manufacturer cannot reimburse 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 liable party is held responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be entirely understood before use by the consumer. This defense is only valid for inadequate warning defective products cases, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury lawsuits in Franklin County, MO are based on the concept of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Franklin County, MO roads. When someone fails in that responsibility, for instance 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.

By contrast, most product liability or dangerous products claims are determined by strict liability, meaning that anyone in the chain of distribution is responsible for any injuries that stems from 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 Franklin County, 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 passes the defect to 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: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either only make one product faulty, 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 incorrectly installing wires or electrical components or using the wrong kind of screws or bolts.
  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 dangers. 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. A manufacturer typically does not have to warn against risks that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to incentivize corporations to implement thorough safety protocols for ensuring the safety of their products. Even so, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Franklin County, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Franklin County, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for those in the stream of commerce to put forth the argument that you are liable for a portion of the fault and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt a manufacturer makes to get out their obligation to reimburse you for the harm they have caused. Your Franklin County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According to the statute, the defense may argue 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 distributor is only has to make a product safe for ways that they can expect a consumer to use it. For example, while chairs are meant for sitting, it is easy to predict that someone will stand on one. 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 be expected to foresee that happening.
  • You used the product in a manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to completely avoid liability but can significantly lower 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 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 principle in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 make custom modification to your car's engine despite not being a mechanic. 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 chain of distribution from liability. If you took more doses of a medication than the labeling or your doctor suggested, 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 lessen the amount of compensation 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 the manufacturer or seller can — and will — work hard to persuade a jury that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies employ numerous dishonest ruses to try and lower your claim, but your Franklin County, 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 make an injury claim before. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you are awarded, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law now at (314) 500-HURT for legal advocacy that parallels and exceeds that of resistant manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Franklin County, MO

Our defective products lawyer team sees in Franklin County, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in accident and fires, and fail to protect drivers and passengers from harm as intended. Common faulty car components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Wheels
  • Seats
  • Accelerators

Alternative vehicles like ATVs can also cause injuries, for instance if a design defect gives them a heightened propensity 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 Franklin County, 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 further complications when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Franklin County, MO has seen cause further injuries to patients are:

  • Artificial hips, knees or other joints that can lead to infections, limited mobility, pain or recurring dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as anticipated
  • Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can lead to punctured organs, infections and internal burns
  • Blood clot filters that permit free-floating blood clots to invade the lungs
  • Permanent birth control devices that can puncture organs, cause pelvic pain, excessive bleeding and unintended pregnancies

As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, mostly due to defects in software.

In 2017, the U.S. Health and Human Services Department reported that over the span of a decade Medicare had to spend at least $1.5 billion to replace over 73,000 defective heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of helping us. If a faulty medical device caused you injuries, your Franklin County, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.

In February 2022, Exactech, a manufacturer of 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 lifelong 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 are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint here:

View Complaint

Defective Drug Lawyer in Franklin County, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must follow from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. With no absolute third-party testing many drugs reach the shelves 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 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 Franklin County, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love sustained injuries because of reckless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer now. 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 examples of dangerous products we collect compensation for our clients for in Franklin County, 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

Franklin County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Franklin County, MO knows that being injured by a faulty product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Franklin County and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. 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 mental and physical hardships your injury has inflicted on you and your Franklin County, 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 Franklin County, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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