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Defective Products Lawyer in Garden City, MO.

Defective Products Lawyer in Garden City, MO. If you or a family member was injured by a dangerous product, reach out to a Burger law defective products lawyer in Garden City, MO today at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Think of what you do every day: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work in your car, sit at in a chair or work around technology, and/or use your android on and off throughout the day. You may drive go-carts on your days off. You may even have a joint 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, shipped and purchased. When there is an oversight in that process and a product becomes dangerous, it can cause serious harm to you and your Garden City, MO family. If tragedy struck you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to stand by your side and secure you the great compensation you deserve.

In our three decades of negotiation, litigation and trial experience, we have gotten our clients in Garden City and throughout Missouri in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Garden City, MO immediately at (314) 500-HURT.

If you were injured by a defective product in Garden City, MO, discover how much your claim may be worth by filling out 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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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Garden City, MO:

Garden City, MO Defective Products Statistics

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

Based on facts 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 ruin an unsafe product can cause.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Garden City, MO for passionate, devoted and experienced support and legal counsel.

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

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

  1. The company was part of the product's stream of commerce.
  2. The product was used in a way logically foreseen.
  3. One or both of the following:
    1. The product was in a defective 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 sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the claim if:

  • The manufacturer is known, still exists and is able to compensate you for the entirety of your damages.
  • The seller signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is presented to the court that the distributor was involved in any other part 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 proves that they had a larger role in the engineering of the product than they implied, were otherwise liable for the fault or the manufacturer cannot pay for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held accountable.

Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense will only work for for inadequate warning product liability lawsuits, and the burden of proof is on the defense.

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

Most personal injury lawsuits in Garden City, MO depend on the idea of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Garden City, MO roads. When someone fails in that obligation, for instance if sustain an injury because you were hit by a distracted driver they might be found liable for your damages and would have to pay you a financial recovery.

However, most product liability or defective products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is liable for any injuries that stems from 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 Garden City, 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 flaw in the design that afterwards passes the flaw to all products with the same design. 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 a failure 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 hazardous chemicals. An example could be bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
  3. Insufficient Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but rather 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. The company that makes a product generally does not have to warn against obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement comprehensive safety protocols for verifying the safety of their products. 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 hurt anyone. In those cases, your Burger Law defective products lawyer in Garden City, MO will hold them accountable by conducting a full investigation of your case and insisting on only the best possible compensation.

Comparative Negligence in Defective Productions Claims in Garden City, MO

An oft-used defense for manufacturers in a defective products case is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce to posit that you share a portion of your injuries and, therefore, they are not liable for 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 liable for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt an entity involved in the stream of commerce makes to get out their responsibility to reimburse you for the harm they have caused. Your Garden City, 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 way the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. 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 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, Someone in the stream of commerce will not be able to completely avoid liability but can significantly diminish it. Say 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 risks 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 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
  • You did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling 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 adhered to proper protocols.
  • 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 you have no right to ask them for money they do not owe you.

Just because the manufacturer or seller can — and will — try to convince the court that comparative fault applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies implement myriad tricks to try and devalue your claim, but your Garden City, 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 who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, 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. Call Burger Law now at (314) 500-HURT for legal advocacy that matches and eclipses that of resistant manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Garden City, MO

Our defective products lawyer team sees in Garden City, 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, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common faulty automobile components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wires
  • Tires
  • Seats
  • Engine cooling fan blades

Offroad vehicles like 4-wheelers 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 Garden City, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Garden City, MO has seen cause further injuries to patients are:

  • Artificial joints that can result in infections, limited mobility, chronic soreness or repeated dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can cause pierced organs, infections and electrical burns
  • Blood clot filters that allow dislodged blood clots to invade the lungs
  • Permanent birth control devices that can puncture organs, cause pelvic pain, abnormal hemorrhaging and unplanned pregnancies

As the medical industry keeps implementing more and more advanced technologies, medical device recalls have gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department reported that in the course of a decade Medicare paid out at least $1.5 billion to replace over 73,000 faulty cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a defective medical device ended up worsening your condition, your Garden City, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused incredible pain and permanent damage to possibly as many as 150,000 patients who had received the replacement joint. 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 read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Garden City, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must obey 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 drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit 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 Garden City, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

Four thousand five hundred medications and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one sustained injuries because of irresponsible pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from this world too soon.

Other common defective products we file suit for in Garden City, MO include:

  • Children's toys
  • Chemicals such as cleaning products
  • Baby powder
  • Household appliances
  • Industrial equipment
  • Cell phone batteries
  • Cosmetic products

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Garden City, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Garden City, MO knows that when manufacturers and sellers fail to make safe products it 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 Garden City 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 do not hesitate to start working on wining you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical toll your injury has taken on you and your Garden City, 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 Garden City, MO right away at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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