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Defective Products Lawyer in Gladstone, MO.

Defective Products Lawyer in Gladstone, 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 Gladstone, MO now at (314) 500-HURT or fill out our online form for a free case review.

Think of 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 on your bike, sit by a computer or work around heavy equipment, and/or use your cell phone on and off throughout the day. You may go boating on the weekend. You may even have a joint 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 buyer. When there is a mistake in the stream of commerce and a product becomes defective, it can have a disastrous impact on Gladstone, MO individuals and families. When that happens to you, you need the expert and devoted legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the maximum financial recovery you are owed.

In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Gladstone and throughout Missouri more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Gladstone, MO today at (314) 500-HURT.

If you were harmed by a faulty product in Gladstone, MO, learn the true value of your claim by filling out our free 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 Gladstone, MO:

How Common Are Defective Products in Gladstone, MO?

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

According to 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 incredible harm that can be caused when manufacturers and distributors do not follow proper safety measures.

If you or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in Gladstone, MO for understanding, committed and skilled support and legal representation.

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

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

  1. The defendant was involved in the product's chain of distribution.
  2. The product was used 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 the product was sold and your injuries are a direct result of that defect, and/or
    2. Your injuries stemmed from a dangerous 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 hitting the shelves, from initial design to sale, including a distributor or vendor. Under Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can avoid liability if:

  • You discover who the manufacturer is, it has not closed their business and can afford to reimburse you for the entirety of your damages.
  • The distributor makes an affidavit under oath that their only involvement in the process was selling it.
  • No other party in the case presents evidence that the distributor took part in any other facet of the stream of commerce.
  • The motion to dismiss is filed within 60 days.

If those conditions are fulfilled, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they had a larger role in the production of the product than they intimated, were otherwise liable for the hazardous condition or the manufacturer is unable to reimburse you for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every to-blame party is held responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense is only applicable to for failure to warn product liability cases, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury suits in Gladstone, MO are decided by the concept of negligence. We all have a civil duty to not carelessly cause injuries to other people 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 you sustain a dog bite are because a dog owner didn't properly leash their dog they may be held accountable for your damages and would have to pay you compensation.

By contrast, most product liability or defective products cases 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, 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 Gladstone, 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 innate flaw in the design that subsequently affects 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 a failure in the manufacturing process. This can either only make one product faulty, 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 not properly fastening components to each other.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused injury because it did not give proper instructions or warnings about inherent dangers. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product generally 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 meant to incentivize corporations to implement exhaustive safety protocols for verifying the safety of their products. However, too often companies do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Gladstone, MO will fight on your behalf and demand nothing but the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Gladstone, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the defendants to put forth the defense that you are responsible for a portion of your damages and, therefore, they do not have to pay you 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, comparative negligence arguments are an erroneous attempt a defendant makes to get out their responsibility to pay you for the harm they have caused. Your Gladstone, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances are relevant in your case:

  • 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 the public to use it. For example, while chairs are meant for sitting, standing on one to reach something is common. 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 reasonably foresee that happening.
  • You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to totally avoid liability but can considerably 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 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 theory in tort claims whereby, if the injured party was aware of risks, 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 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 injured doing such a thing.
  • You failed to take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 recommended precautions.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 stream of commerce can — and will — assert that comparative negligence applies to your case, that does not mean they will be successful. Bullying corporations and insurance companies employ a variety of deceitful tactics to try and minimize your claim, but your Gladstone, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you and try to take advantage of people who have never had to file a lawsuit before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you get, and you owe us nothing until we win your case. Get in touch with Burger Law right away at (314) 500-HURT for legal representation that rivals and eclipses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Gladstone, MO

Our defective products lawyer team sees in Gladstone, 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, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in accident 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
  • Windshield wipers
  • Wheels
  • Steering systems
  • Headlights and taillights

Alternative 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 Gladstone, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Gladstone, MO has seen be defective are:

  • Artificial joints that can lead to infections, limited mobility, chronic soreness or repeated dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as expected
  • Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can lead to pierced organs, infections and electrical burns
  • Blood clot filters that allow dislodged blood clots to slip into the lungs
  • Permanent birth control implements that can pierce organs, cause pain in the pelvic region, excessive hemorrhaging and unintended pregnancies

As the medical industry keeps coming up with more and more advanced technologies, medical device recalls have skyrocketed. 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 found that in the course of 10 years Medicare spent at least $1.5 billion to replace more than 73,000 faulty heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Gladstone, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February 2022, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused incredible pain and permanent damage to possibly as many as 150,000 people 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 Gladstone, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must obey 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 market. With no absolute independent testing many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 Gladstone, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable.

Four thousand five hundred drugs and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or a family member sustained injuries because of careless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by securing you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from their family too soon.

Other common dangerous products we see in Gladstone, MO include:

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

Call Burger Law Now

Gladstone, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Gladstone, MO knows that being harmed by a hazardous product can completely upend your daily routine, your family and even your present and future financial security. That is why we have dedicated our lives to seeing the vulnerable in Gladstone 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 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 emotional and physical hardships your injury has inflicted on you and your Gladstone, MO family. We will stand 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 Gladstone, MO today at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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