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Defective Products Lawyer in Greenwood, MO.

Defective Products Lawyer in Greenwood, 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 Greenwood, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Imagine 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 heavy machinery, and/or use your android on and off throughout the day. You may go boating on your free days. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the shelves. When there is a mistake in the chain of distribution and a product becomes defective, it can cause severe harm to you and your Greenwood, MO family. When that happens to you, you need the knowledgeable and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and get you the full compensation you deserve.

In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Greenwood and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Greenwood, MO now at (314) 500-HURT.

If you were hurt by a dangerous product in Greenwood, MO, learn the true value of your case 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 Greenwood, MO:

Greenwood, MO Defective Products Statistics

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

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme devastation that can be caused when manufacturers and distributors do not follow adequate safety protocols.

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

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

According to Missouri Revised Statute §537.760, you and your Greenwood, MO defective products lawyer can can hold a person or corporation at fault for your damages if three conditions are true:

  1. The corporation was part of the product's stream of commerce.
  2. You used the product in a manner logically expected.
  3. One or both of the following:
    1. The product had a defective 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 "stream of commerce" refers to anyone involved in the product from initial conception 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 may be dismissed from the claim if:

  • The manufacturer is known, still does business and can afford to pay 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.
  • There is no evidence is brought in front of the court that the vendor took part in any other aspect of the design and manufacturing process.
  • The dismissal is requested to the court within 60 days.

If the above conditions are satisfied, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise liable for the fault or the manufacturer cannot compensate you for the entirety of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery you are owed.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be completely understood before use by the public. This defense is only applicable to for inadequate warning 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.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury claims in Greenwood, MO are based on the conception of negligence. We all have a civil duty to not recklessly cause harm 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 fails in that duty, for example if are injured by a fatigued truck driver they can be held liable for your damages and would owe you compensation.

However, most product liability or hazardous products cases are determined by strict liability, meaning that anyone in the chain of distribution is accountable for any damage that results 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 Greenwood, 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 afterwards 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: A product can be designed effectively and safely but still become hazardous 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 hazardous chemicals. An example could be installing outdated components or using the wrong kind of screws or bolts.
  3. Inadequate Warnings and Instructions: This occurs when the product was not defective through design or manufacture, but instead 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 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. The company that makes a product generally does not have to warn against dangers that a reasonable person would anticipate. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to encourage corporations to implement comprehensive safety protocols for guaranteeing the safety of their products. Even so, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Greenwood, MO will fight on your behalf and demand only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Greenwood, MO

An oft-used defense for manufacturers in a defective products lawsuit is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to posit that you are liable for a portion of your injuries and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent at fault for the accident, you will only receive $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to get out their responsibility to pay you for the harm they have caused. Your Greenwood, 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 present in your case:

  • 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 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, Someone in the stream of commerce will not be able to completely avoid fault but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto collision. 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 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, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
  • 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You did not follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. If you were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not adhered to recommended precautions.
  • You did not mitigate your damages. 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 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 — argue that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies employ a lot of deceitful tactics to try and minimize your claim, but your Greenwood, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense 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 get paid a moderate percentage of the financial recovery you get, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law today at (314) 500-HURT for legal counsel that rivals and exceeds that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Greenwood, MO

Our defective products lawyer team sees in Greenwood, 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, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and fail to protect occupants from harm as intended. Common defective motor vehicle components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wiring
  • Wheels
  • Door latches
  • Headlights and taillights

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 Greenwood, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Greenwood, MO has seen be defective are:

  • Artificial hips, knees or other joints that can cause infections, instability, chronic soreness or recurring dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants intended 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 free-floating blood clots to invade the lungs
  • Permanent birth control devices that can perforate organs, lead to pain in the pelvic region, excessive blood loss and unwanted pregnancies

As the medical industry keeps inventing more and more advanced technologies, the numbers of recalls issued for medical devices has gone up exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to defects in software.

In 2017, the U.S. Health and Human Services Department stated that in the course of 10 years Medicare spent at least $1.5 billion to replace more than 73,000 faulty heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of improving our lives. If a defective medical device caused you injuries, your Greenwood, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was retained 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 Greenwood, MO

The Federal Drug Administration has strict protocols 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. That means that many medications reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Greenwood, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.

Four thousand five hundred drugs and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you love received injuries because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations accountable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other common dangerous products we collect compensation for our clients for in Greenwood, MO include:

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

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Greenwood, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Greenwood, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we strive to see the injured in Greenwood and throughout Missouri get great 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 immediately start working on securing you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Greenwood, 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 Greenwood, MO immediately at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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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!”

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