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Defective Products Lawyer in Holden, MO.

Defective Products Lawyer in Holden, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Holden, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case review.

Imagine your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around technology, and/or use your cell phone throughout the day. You may go 4-wheeling 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 product that had to be engineered, produced, packaged and purchased. When there is an oversight in that process and a product becomes hazardous, it can have a devastating effect on on your life and lives of those you love in Holden, MO. When that happens to you, you need the skilled and dedicated legal representation of Burger Law's defective products lawyer team to fight on your behalf and secure you the great compensation you deserve.

In our In our 30 years of experience fighting for the rights of the injured and vulnerable, we have secured our clients in Holden and throughout Missouri over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Holden, MO today at (314) 500-HURT.

If you were injured by a dangerous product in Holden, MO, see 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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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Holden, MO:

How Common Are Defective Products in Holden, MO?

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

Based on facts from the Insurance Information Institute, in 2019 the mean average that juries awarded plaintiffs in product liability claims was over $7 million, while the median was $2 million. That speaks to the incredible destruction an unsafe product can cause.

If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Holden, MO for understanding, committed and knowledgeable support and legal advocacy.

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

Under Missouri Revised Statute §537.760, you and your Holden, MO defective products lawyer can file a "strict liability" suit if three conditions are true:

  1. The corporation was part of the product's design, manufacture, distribution and sale.
  2. You used the product in a way reasonably anticipated.
  3. Either or both of the following conditions:
    1. The product was in a faulty condition that was unreasonably dangerous when you bought the product that caused you direct harm, 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 design to sale, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the lawsuit if:

  • You discover who the manufacturer is, it still does business and can afford to compensate you for the entirety of your damages.
  • The entity that sold it signs an affidavit under oath that they had nothing to do with the product beyond 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 vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise at fault for the dangerous condition or the manufacturer cannot pay for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great compensation you deserve.

Missouri Revised Statute §537.764 mentions a caveat 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 was introduced to the public. This defense is only valid for failure to warn product liability cases, and the burden of proof is on the defense.

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

The majority of personal injury cases in Holden, MO are based on the conception of negligence. We all have a duty to each other's safety in certain situations; for example, doctors must treat their Holden, MO patients with a standard of care. When someone is negligent, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found accountable for your damages and would have to pay you a financial recovery.

However, most product liability or dangerous products cases are determined by strict liability, meaning that a designer, manufacturer or vendor is to blame for any injuries a product causes, 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 Holden, 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 defect in the design that afterwards affects all products with the same design. An example is an improperly designed safeguard on a power tool.
  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 affect only one product, 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 installing outdated components or using the wrong kind of screws or bolts.
  3. Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer generally does not have to warn against risks that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement thorough safety procedures for ensuring the safety of their products. Even so, too often companies are negligent and try to focus more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Holden, MO will fight on your behalf and demand only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Holden, MO

An oft-used defense for manufacturers in a defective products case is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to put forth the argument that you are liable for a portion of your damages and, therefore, they are not liable for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent to blame for your injuries, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt a defendant makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Holden, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances apply:

  • You did not use the product in a manner 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 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. On the other hand, 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 reasonably foresee that happening.
  • You used the product in a manner 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 considerably decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto wreck. A pharmaceutical company could reasonably see 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, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
  • 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 did not take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you adhered to recommended precautions.
  • You did not mitigate your damages. In any personal injury claim, you have a duty to try to keep your damages as low as you reasonable can. For example, you cannot seek unnecessary medical treatment. 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 chain of distribution can — and will — assert that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies implement a lot of dishonest ruses to try and minimize your claim, but your Holden, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair and try to take advantage of people who do not have the same resources. 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 you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law right away at (314) 500-HURT for legal representation that rivals and exceeds that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Holden, MO

Our defective products lawyer team sees in Holden, 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 cause collisions and fires, and fail to protect occupants from harm as intended. Common dangerous automobile parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Wheels
  • Seats
  • Headlights and taillights

Offroad vehicles like ATVs can also cause injuries, 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 Holden, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Holden, MO has seen cause further injuries to patients are:

  • Artificial joints that can lead to infections, limited mobility, chronic soreness or recurring dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to pierced organs, infections and internal burns
  • Blood clot filters that permit free-floating blood clots to travel up to the lungs
  • Permanent birth control implements that can perforate organs, cause pain in the pelvic region, excessive blood loss and unwanted pregnancies

As the medical industry becomes more high-tech, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the number one factor.

In 2017, the U.S. Health and Human Services Department announced that over a decade Medicare had to spend at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of improving our lives. If a defective medical device ended up worsening your condition, your Holden, 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 degrade too quickly and have caused incredible pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was contacted by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Holden, MO

The Federal Drug Administration has strict procedures for the testing, labeling, packaging and shipping of prescription drugs. 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 prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people they are supposed to be helping. Currently, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Holden, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or a loved one received injuries because of careless pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer now. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other common defective products we collect compensation for our clients for in Holden, MO include:

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

Call Burger Law Now

Holden, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Holden, MO knows that when manufacturers and vendors 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 strive to see the injured in Holden and throughout Missouri recover 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 costs and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your Holden, MO family. You do not have to go through this alone, and the big corporations do not have to win every time. Call a Burger Law defective products lawyer in Holden, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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