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Defective Products Lawyer in Grandview, MO.

Defective Products Lawyer in Grandview, MO. If you or someone you care about was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in Grandview, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case review.

Picture your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit by a computer or work around technology, and/or use your iPhone at various times during the day. You may drive go-carts on your free days. You may even have a pacemaker 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 sold. When there is an oversight in the chain of distribution and a product becomes defective, it can cause severe harm to you and your Grandview, MO family. If tragedy struck you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and get you the great compensation you are owed.

In our In our three decades of experience standing up for fairness and justice, we have delivered our clients in Grandview and throughout Missouri over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Grandview, MO right away at (314) 500-HURT.

If you were injured by a defective product in Grandview, MO, learn how much your claim may be worth by using 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 useful links and FAQS from your Burger Law defective products injury lawyer in Grandview, MO:

How Common Are Defective Products in Grandview, MO?

The Consumer Product Safety Commission has found that defective products cause in excess of 29 million injuries and 21,000 deaths annually.

Based on facts from the Insurance Information Institute, in 2019 the mean average that people injured by defective 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 were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in Grandview, MO for compassionate, committed and knowledgeable support and legal counsel.

How Defective Products Claims Work in Grandview, MO

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

  1. The person was part of the product's stream of commerce.
  2. You used the product in a way rationally anticipated.
  3. One or both of the following:
    1. The product was in a faulty 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 "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may be dismissed from the case if:

  • You discover who the manufacturer is, it has not closed their business and can afford to pay for all of your damages.
  • The seller makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case puts forward evidence that the distributor took part in any other aspect of the design and manufacturing process.
  • The dismissal is requested to the court within 60 days.

If those conditions are fulfilled, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise to blame for the fault or the manufacturer cannot reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every to-blame party is held accountable.

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 will only work for for failure to warn product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury cases in Grandview, MO are decided by the concept of negligence. We all have a duty to each other's safety in certain situations; for example, Grandview, 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 be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone in the chain of distribution is accountable for any damage 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 Grandview, 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 fault to all products with the same design. An example is an electrical appliance that can overheat and cause fires.
  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 hazardous, 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 bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Insufficient Warnings and Instructions: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about 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 risks that a reasonable person would anticipate. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to encourage corporations to implement comprehensive safety procedures for verifying the safety of their products. However, too often corporations are negligent and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Grandview, MO will fight on your behalf and insist on only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Grandview, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for those in the chain of distribution to argue that you are liable for a portion of the fault and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent at fault 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 avoid their responsibility to pay you for the harm they have caused. Your Grandview, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative fault if the following situations apply:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. 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. On the other hand, if you use a loaded shotgun to prop a door open and it misfires, 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 manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly diminish it but can considerably reduce it. Say 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 concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • 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 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 did not 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 vendor 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 tricks to try and lower your claim, but your Grandview, MO defective products lawyer at Burger Law knows how to combat them. We know these companies have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you get, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal representation that matches and exceeds that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Grandview, MO

Our defective products lawyer team sees in Grandview, 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, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause crashes and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous car parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Tires
  • Door latches
  • 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 Grandview, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Grandview, MO has seen cause further injuries to patients are:

  • Artificial joints that can lead to infections, limited mobility, pain or repeated dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can result in pierced organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can perforate organs, lead to pelvic pain, excessive hemorrhaging and unwanted pregnancies

As the medical industry keeps implementing new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly owing to issues with software.

In 2017, the U.S. Health and Human Services Department reported that over 10 years Medicare paid out at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you damages, your Grandview, 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.

Earlier this year, Exactech, a company that manufactures implants and 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 intended to and have caused unthinkable pain and lifelong damage to potentially 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 got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can view our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Grandview, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must follow 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 shelves. That means that many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations 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 Grandview, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.

Hundreds of thousands of drugs and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or a family member received injuries because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from their family too soon.

Other examples of defective products we file suit for in Grandview, 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

Grandview, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Grandview, MO knows that being injured by a faulty product can completely disrupt your life. That is why we endeavor to see the vulnerable in Grandview and throughout Missouri be compensated 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 getting you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical toll your injury has taken on you and your Grandview, 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 Grandview, MO immediately at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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