have you been injured by a dangerous product in Missouri? Call Burger Law now.

Defective Products Lawyer in Grain Valley, MO.

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

Think of what your daily like looks like: 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 vehicle, sit by a computer or work around heavy machinery, and/or use your iPhone throughout the day. You may use lawnmowers on your days off. 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 at one point was engineered, manufactured, packaged and sold. When there is a mistake in the stream of commerce and a product becomes defective, it can have a devastating impact on on your life and lives of those you love in Grain Valley, MO. If tragedy struck you, you need the accomplished and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the best possible compensation you are owed.

In our In our 70 years of combined experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Grain Valley and beyond 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. Call a defective products lawyer in Grain Valley, MO today at (314) 500-HURT.

If you were hurt by a faulty product in Grain Valley, MO, see how much your claim may be worth 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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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Grain Valley, MO:

How Common Are Defective Products in Grain Valley, MO?

The Consumer Product Safety Commission estimates that hazardous products are responsible for in excess of 29 million injuries and 21,000 deaths annually.

Based on data 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 shows the incredible harm an unsafe product can cause.

If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Grain Valley, MO for understanding, committed and talented support and legal counsel.

How Defective Products Claims Work in Grain Valley, MO

According to Missouri Revised Statute §537.760, you and your Grain Valley, MO defective products lawyer can file a "strict liability" suit if three factors are true:

  1. The defendant was involved in the product's chain of distribution.
  2. You used the product in a way easily expected.
  3. Either or both of the following conditions:
    1. The product had a faulty condition that was unreasonably hazardous 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 conception 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 may 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 injuries.
  • The distributor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • There is no evidence is submitted to the court that the seller took part in any other facet of the chain of distribution.
  • The dismissal is requested to the court no later than 60 days after the complaint is filed.

If the above conditions are fulfilled, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they had a larger role in the design and manufacture of the product than they led on, were otherwise at fault for the defect or the manufacturer cannot pay for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable party is held accountable.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a hazardous 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 failure to warn defective products claims, and the burden of proof is on the defense.

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

Most personal injury claims in Grain Valley, MO are determined by the conception of negligence. We all owe each other a duty of care in certain situations; for example, Grain Valley, MO dog owners must always have control of their dog. When someone fails in that obligation, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or dangerous products claims come down to strict liability, meaning that a designer, manufacturer or vendor is at fault for any injuries 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 Grain Valley, 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 subsequently affects all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
  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 a swing set with a cracked chain.
  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 risks. 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 generally does not have to warn against dangers 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 encourage corporations to implement exhaustive safety protocols for ensuring the safety of their products. Even so, too often companies do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Grain Valley, MO will fight on your behalf and demand nothing but the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Grain Valley, MO

Manufacturers, vendors and anyone else in the chain of distribution will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to put forth the defense that you are liable for a portion of your damages and, therefore, they are not obligated to reimburse you 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 to blame for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to avoid their obligation to reimburse you for the harm they have caused. Your Grain Valley, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are present in your case:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, 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 use of the product.
  • You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it 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 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 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 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 would have been avoided had you followed recommended precautions.
  • You failed to try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. For example, you cannot refuse to return to work when you are healthy enough to do so. The defense may say you have no right to ask them for money they do not owe you.

Just because the defense can — and will — assert that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ numerous dishonest ruses to try and lower your claim, but your Grain Valley, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations have a lot of money to throw at their defense 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 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 (314) 500-HURT for legal advocacy that matches and exceeds that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Grain Valley, MO

Our defective products lawyer team sees in Grain Valley, 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, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in crashes and fires, and fail to protect occupants from harm as intended. Common faulty car components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Tires
  • Steering systems
  • Engine cooling fan blades

Alternative 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 Grain Valley, 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 make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Grain Valley, MO has seen be defective include:

  • Artificial hips, knees or other joints that can result in infections, limited mobility, pain or recurring dislocations
  • Cardiovascular devises, which can result in 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 cause pierced 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, cause pain in the pelvic region, abnormal blood loss and unplanned pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the major factor.

In 2017, the U.S. Health and Human Services Department announced that throughout 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of easing it. If a flawed medical device ended up aggravating your condition, your Grain Valley, 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, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements deteriorate too quickly and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 read our original complaint here:

View Complaint

Defective Drug Lawyer in Grain Valley, MO

The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people they are supposed to be helping. 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 Grain Valley, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Hundreds of thousands of drugs and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or a family member had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer now. 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 negligence has taken someone from their family too soon.

Other examples of dangerous products we see in Grain Valley, MO include:

  • Children's toys
  • Chemicals such as week killer
  • Baby powder
  • Household appliances
  • Industrial machinery
  • Cell phone batteries
  • Beauty products

Call Burger Law Now

Grain Valley, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Grain Valley, MO knows that being injured by a hazardous product can completely upend your life. That is why we endeavor to see the vulnerable in Grain Valley and throughout Missouri get fair compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on delivering you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Grain Valley, 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 Grain Valley, MO immediately at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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