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Defective Products Lawyer in Jackson County, MO.

Defective Products Lawyer in Jackson County, MO. If you or someone you care about was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Jackson County, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.

Picture what you do every day: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on a bus, sit at in a chair or work around heavy equipment, and/or use your iPhone at various times during the day. You may go boating on the weekend. You may even have a pacemaker 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 shelves. When there is an error in that process and a product becomes hazardous, it can cause serious harm to you and your Jackson County, MO family. When that happens to you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to stand by your side and get you the great financial recovery you deserve.

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

If you were injured by a faulty product in Jackson County, MO, learn the true value of your case by filling out our complimentary 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 Jackson County, MO:

How Common Are Defective Products in Jackson County, MO?

The Consumer Product Safety Commission has found that dangerous products account for in excess of 29 million injuries and 21,000 fatalities annually.

According to 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 devastation an unsafe product can cause.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Jackson County, MO for understanding, committed and expert support and legal representation.

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

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

  1. The company was part of the product's stream of commerce.
  2. The product was used in a manner rationally foreseen.
  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 hazardous 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 purchase, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can avoid liability if:

  • You discover who the manufacturer is, it still does business and is financially capable of paying you for the entirety of your damages.
  • The entity that sold it 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 seller was involved in any other facet of the stream of commerce.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned 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 had a larger role in the production of the product than they implied, were otherwise at fault for the fault or the manufacturer is unable to reimburse you 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 are owed.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only applicable to 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?

The majority of personal injury lawsuits in Jackson County, MO depend on the idea of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that obligation, for example if sustain an injury because you were hit by a distracted driver they may be found responsible 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 accountable for any injuries a product causes, 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 Jackson County, 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 — at the moment that it got into your hands.

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 defect in the design that subsequently 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 mistakes in the manufacturing process. This can either only make one product hazardous, 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 a swing set with a cracked chain.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This occurs when the product was not hazardous 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 typically does not have to warn against obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement exhaustive safety protocols for guaranteeing that their products will not pose a danger to the public. Even so, too often companies do not value our safety and spend more energy on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Jackson County, MO will fight on your behalf and demand only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Jackson County, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the theory of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to put forth the argument that you are liable for a portion of your injuries and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to eschew their duty to reimburse you for the harm they have caused. Your Jackson County, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may say 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 manner 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. On the other hand, if you use a loaded rifle to prop a door open and it misfires, 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 considerably lower it but can significantly decrease it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. 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 called as "Assumption of the risk," a principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
  • 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 say that any reasonable person would have known that they could be seriously injured doing such a thing.
  • You neglected 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 are your fault because you had not followed recommended safety measures.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the financial recovery you are owed. 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 seller can — and will — try to convince the court that comparative fault applies to your injuries, that does not mean they will be successful. Bullying corporations and insurance companies implement numerous deceitful tactics to try and devalue your claim, but your Jackson County, 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 who have never had to make an injury claim before. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the compensation you receive, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law right away at (314) 500-HURT for legal counsel that rivals and eclipses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Jackson County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Jackson County, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in collisions and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous motor vehicle components we see are:

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

Alternative vehicles like 4-wheelers can also cause damage, for instance many of them are prone to flipping 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 Jackson County, 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 further injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Jackson County, MO has seen cause further injuries to patients are:

  • Artificial joints that can cause infections, limited mobility, chronic soreness or frequent dislocations
  • Cardiovascular devises, which can lead to 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 faulty, can lead to pierced organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control implements that can perforate organs, lead to pelvic pain, abnormal bleeding and unplanned pregnancies

As the medical industry keeps coming up with more and more advanced technologies, the numbers of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department stated that in the course of 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 flawed heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a flawed medical device ended up aggravating your condition, your Jackson County, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 people who had received the replacement joint. 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 read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Jackson County, MO

The Federal Drug Administration has stringent 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. That means that many medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies 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 Jackson County, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.

Hundreds of thousands of drugs and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one sustained injuries because of careless pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer as soon as possible. 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 common dangerous products we collect compensation for our clients for in Jackson County, 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

Jackson County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Jackson County, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Jackson County and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on securing you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has taken on you and your Jackson County, 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 Jackson County, MO right away at (314) 500-HURT or contact us online to take the first step toward 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!”

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