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Defective Products Lawyer in Jefferson County, MO.

Defective Products Lawyer in Jefferson County, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Jefferson County, MO right away at (314) 500-HURT or fill out our online form for a free case review.

Picture your daily routine: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around heavy machinery, and/or use your cell phone on and off throughout the day. You may go 4-wheeling on your days off. You may even have a ankle replacement or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was engineered, produced, shipped and sold. When there is a breakdown in that process and a product becomes hazardous, it can cause serious injuries to you and your Jefferson County, MO family. If tragedy struck you, you need the skilled and dedicated legal services of Burger Law's defective products lawyer team to fight on your behalf and win you the maximum financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have secured our clients in Jefferson County and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Jefferson County, MO immediately at (314) 500-HURT.

If you were injured by a defective product in Jefferson County, MO, discover the true value of your claim by filling out our free personal injury calculator.



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Phone: (314) 500-HURT

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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Jefferson County, MO:

How Common Are Defective Products in Jefferson County, MO?

The Consumer Product Safety Commission estimates that faulty products result in more than 29 million injuries and 21,000 fatalities every year.

Based on statistics 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 unbelievable devastation 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 Jefferson County, MO for understanding, devoted and talented support and legal representation.

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

Under Missouri Revised Statute §537.760, you and your Jefferson County, MO defective products lawyer can can hold a person or company at fault for your damages if three factors are met:

  1. The defendant was part of the product's design, manufacture, distribution and sale.
  2. The product was used in a manner reasonably anticipated.
  3. One or both of the following:
    1. The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or distributor's that was the proximate cause of your injuries, and/or
    2. You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product can avoid liability if:

  • You discover who the manufacturer is, it still does business and is financially capable of paying you for all of your injuries.
  • The distributor signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
  • There is no evidence is presented to the court that the vendor was involved in any other part of the design and manufacturing process.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the aforementioned conditions are met, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they intimated, were otherwise responsible for the dangerous condition or the manufacturer cannot compensate you for all of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held accountable.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be fully understood before use by the public. This defense will only work for 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 cases in Jefferson County, MO are determined by the notion of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Jefferson County, MO roads. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they may 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 cases are strict liability claims, meaning that anyone in the chain of distribution is responsible 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 Jefferson 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 inherent flaw in the design that subsequently passes the flaw to all products with the same design. An example is an electrical appliance that can overheat and cause fires.
  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 affect only one product, 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 not properly fastening components to each other.
  3. Failure to Warn of Known Risks or Risks That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about inherent dangers. 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. 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 chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement exhaustive safety protocols for ensuring the safety of their products. However, too often companies do not value our safety and concentrate more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Jefferson County, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but full compensation.

Comparative Negligence in Defective Productions Claims in Jefferson County, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to put forth the argument that you share a portion of your injuries and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to avoid their obligation to reimburse you for the harm they have caused. Your Jefferson County, 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 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 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. 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 be expected to foresee that happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can considerably decrease it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle crash. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
  • You knew of inherent hazards of the product while you were using it. This is often referred to as "Assumption of the risk," a theory in tort claims wherein, if the injured party was aware of risks, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 failed to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling 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 followed recommended safety measures.
  • 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 seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 — assert that comparative negligence applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies implement a variety of deceitful tactics to try and minimize your claim, but your Jefferson County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations 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 takes claims on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you are awarded, and you owe us nothing until you get the great compensation you deserve. Call Burger Law now at (314) 500-HURT for legal representation that rivals and eclipses that of bullying manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Jefferson County, MO

Our defective products lawyer team sees in Jefferson County, 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, 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 faulty car parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Wheels
  • Steering systems
  • Accelerators

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 Jefferson County, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Jefferson County, MO has seen be defective 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 because of premature failures
  • Surgical robots designed to operate on hard to reach areas which, when defective, can result in punctured organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to invade the lungs
  • Permanent birth control devices that can pierce organs, result in pelvic pain, excessive blood loss and unintended pregnancies

As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has gone up exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the foremost cause.

In 2017, the U.S. Health and Human Services Department found that over a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a defective medical device caused you injuries, your Jefferson County, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. 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 by clicking the link below:

View Complaint

Defective Drug Lawyer in Jefferson County, MO

The Federal Drug Administration has firm 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 medications reach the market 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 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 Jefferson County, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

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 reckless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer immediately. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage they have caused. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from their family too soon.

Other common dangerous products we see in Jefferson County, MO include:

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

Call Burger Law Now

Jefferson County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Jefferson County, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we have pledged our lives to seeing the vulnerable in Jefferson County and throughout Missouri get full compensation 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 delivering you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Jefferson County, 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 Jefferson 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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