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Defective Products Lawyer in Jackson, MO.

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

Think of what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, 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 drive go-carts on your days off. You may even have a pacemaker 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 that process and a product becomes hazardous, it can cause severe harm to you and your Jackson, MO family. When that happens to you, you need the skilled and committed legal representation of Burger Law's defective products lawyer team to stand in your corner and deliver you the best possible compensation you are owed.

In our In our 70 years of combined experience standing up for fairness and justice, we have secured our clients in Jackson and throughout Missouri over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Jackson, MO right away at (314) 500-HURT.

If you were hurt by a dangerous product in Jackson, MO, discover the true value of your claim by utilizing 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 Jackson, MO:

How Common Are Defective Products in Jackson, MO?

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

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 an unsafe product can cause.

If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Jackson, MO for passionate, committed and skilled support and legal advocacy.

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

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

  1. The person was part of the product's chain of distribution.
  2. The product was used in a way rationally expected.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or seller's and your injuries are a direct result of that defect, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "stream of commerce" refers to anyone involved in the product from initial design to sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can avoid liability if:

  • You discover who the manufacturer is, it has not closed their business and is financially capable of paying you for the entirety of your damages.
  • The distributor signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • No other party in the case submits evidence that the seller was involved in any other facet of the chain of distribution.
  • The dismissal is requested to the judge within 60 days.

If those conditions are fulfilled, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. 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 to blame for the dangerous condition or the manufacturer cannot reimburse you for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great compensation that they owe you.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be entirely understood before use by the public. This defense will only work for for inadequate warning product liability cases, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury claims in Jackson, MO are won or lost based on the idea of negligence. We all have a duty to each other's safety 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 is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they might be found liable for your damages and would owe you a financial recovery.

By contrast, most product liability or defective products cases are determined by strict liability, meaning that a designer, manufacturer or vendor is responsible for any damage 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 Jackson, 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 subsequently passes the flaw to all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes 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 bugs or other contaminants found in beverages or a swing set with a cracked chain.
  3. Failure to Warn of Known Risks or Dangers 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product typically does not have to warn against risks that a reasonable person would foresee. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement thorough safety procedures for ensuring the safety of their products. However, too often companies are negligent and try to focus more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Jackson, MO will fight by your side and insist on only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Jackson, MO

A common defense for manufacturers in a dangerous product claim is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or seller to argue that you are responsible for a portion of the fault and, therefore, they are not liable 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 responsible for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the chain of distribution makes to avoid their obligation to pay you for the harm they have caused. Your Jackson, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect a consumer to use it. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. 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 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 use of the product.
  • You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably lower it but can considerably decrease 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 called as "Assumption of the risk," a theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 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 are your fault because you had not followed proper protocols.
  • You failed to mitigate your damages. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. 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 the manufacturer or distributor can — and will — assert that comparative negligence applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ a variety of tricks to try and lower your claim, but your Jackson, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies are unfair and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the financial recovery you receive, and you do not pay us anything until we win your case. Get in touch with Burger Law now at (314) 500-HURT for legal advocacy that matches and surpasses that of bullying manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Jackson, MO

Our defective products lawyer team sees in Jackson, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. 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 dangerous automobile parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wires
  • Tires
  • Seats
  • Headlights and taillights

Alternative vehicles like 4-wheelers can also cause harm, 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, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Jackson, MO has seen be defective are:

  • Artificial hips, knees or other joints that can cause infections, limited mobility, pain or repeated dislocations
  • Pacemakers, which can lead to infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on hard to reach areas which, when faulty, can cause pierced organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control devices that can puncture organs, lead to pain in the pelvic region, excessive hemorrhaging and unwanted 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, with software issues being the major cause.

In 2017, the U.S. Health and Human Services Department stated that over the span of 10 years Medicare had to spend at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a faulty medical device ended up aggravating your condition, your Jackson, 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 unneeded pain you experienced.

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 do not last nearly as long as they were intended to and have caused incredible pain and lifelong damage to potentially as many as 150,000 people who had received the replacement joint. 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 read our original complaint here:

View Complaint

Defective Drug Lawyer in Jackson, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey 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. With no absolute third-party testing many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Jackson, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Four thousand five hundred prescriptions 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 loved one received injuries because of irresponsible pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by securing you compensation and holding negligent corporations liable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other common dangerous products we see in Jackson, MO include:

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

Call Burger Law Now

Jackson, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Jackson, MO knows that being hurt by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Jackson and throughout Missouri collect great 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 immediately start working on getting you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Jackson, MO family. We will fight by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Jackson, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.

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