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Defective Products Lawyer in Johnson County, MO.

Defective Products Lawyer in Johnson County, MO. If you or a loved one sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Johnson County, MO immediately at (314) 500-HURT or fill out our online form for a free case evaluation.

Picture your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your vehicle, sit by a computer or work around machines, and/or use your iPhone throughout the day. You may go 4-wheeling 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, shipped and purchased. When there is an error in the stream of commerce and a product becomes dangerous, it can have a ruinous impact on Johnson County, MO individuals and families. When that happens to you, you need the knowledgeable and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and secure you the maximum 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 Johnson County and throughout Missouri more than $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Johnson County, MO today at (314) 500-HURT.

If you were injured by a dangerous product in Johnson County, MO, discover the true value of your claim by using 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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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Johnson County, MO:

Johnson County, MO Defective Products Statistics

The Consumer Product Safety Commission states that dangerous products cause more than 29 million injuries and 21,000 deaths annually.

According to data 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 shows the unbelievable harm that can be caused when manufacturers and vendors do not obey proper safety measures.

If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Johnson County, MO for understanding, committed and skilled support and legal counsel.

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

According to Missouri Revised Statute §537.760, you and your Johnson County, MO defective products lawyer can file a "strict liability" suit if three conditions are met:

  1. The corporation was part of the product's design, manufacture, distribution and sale.
  2. You used the product in a manner easily foreseen.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably hazardous when you bought the product 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 "chain of distribution" refers to anyone involved in the product from initial design to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may avoid liability if:

  • You discover who the manufacturer is, it still exists and is financially capable of reimbursing you for all of your injuries.
  • The entity that sold it signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
  • No other party in the case submits evidence that the seller took part in any other part of the chain of distribution.
  • The motion to dismiss is filed within 60 days.

If the aforementioned conditions are met, 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 engineering of the product than they implied, were otherwise responsible for the defect or the manufacturer cannot pay 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 has an exception 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 failure to warn defective products 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 suits in Johnson County, MO depend on the concept 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 responsibility, for instance if if you are misdiagnosed because of substandard medical attention they might be held responsible for your damages and would owe you a financial recovery.

By contrast, most product liability or defective products cases are strict liability claims, meaning that anyone in the chain of distribution is to blame for any damage that stems from the reasonable use of a product, 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 Johnson 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 you acquired it.

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 imperfection in the design that subsequently affects all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
  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 only make one product dangerous, 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 Dangers or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about inherent risks. 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 typically does not have to warn against obvious dangers. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to incentivize corporations to implement comprehensive safety procedures for guaranteeing the safety of their products. Even so, too often corporations are negligent and try to focus more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Johnson County, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but complete compensation.

Comparative Negligence in Defective Productions Claims in Johnson County, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the principle of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to argue that you are liable for a portion of your injuries and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to avoid their duty to reimburse you for the damage their product did to you. Your Johnson County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. 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 the public to use it. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. On the other hand, 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 the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid fault but can significantly lower it. Say 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 concept in tort claims whereby, 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 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 failed to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce 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 failed to try to keep your damages to a minimum. 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 refuse to return to work when you are healthy enough to do so. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the stream of commerce can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Bullying corporations and insurance companies use a variety of deceitful tactics to try and devalue your claim, but your Johnson County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies will try everything to avoid paying you 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 we get paid a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law right away at (314) 500-HURT for legal counsel that matches and eclipses that of resistant manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Johnson County, MO

Our defective products lawyer team sees in Johnson 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, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common faulty motor vehicle components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wiring
  • Wheels
  • Steering systems
  • Accelerators

Offroad vehicles like 4-wheelers can also cause injuries, 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 Johnson County, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Johnson County, MO has seen cause further complications for patients include:

  • Artificial joints that can cause infections, instability, chronic soreness or recurring dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots intended to operate on hard to reach areas which, when they do not work properly, can result in pierced organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control implements that can perforate organs, result in pain in the pelvic region, abnormal hemorrhaging and unintended pregnancies

As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of problems with software.

In 2017, the U.S. Health and Human Services Department stated that throughout a decade Medicare had to spend at least $1.5 billion to replace in excess of 73,000 flawed 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 flawed medical device caused you damages, your Johnson County, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused unimaginable pain and lifelong damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was made aware of the defect 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 by clicking the link below:

View Complaint

Defective Drug Lawyer in Johnson County, MO

The Federal Drug Administration has stringent procedures for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. With no absolute third-party testing 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, 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 Johnson County, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Four thousand five hundred drugs 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 family member had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, 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 they have caused. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other common defective products we see in Johnson County, MO include:

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

Call Burger Law Now

Johnson County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Johnson County, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we have devoted our lives to seeing the vulnerable in Johnson 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 wining you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Johnson County, 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 Johnson County, MO immediately at (314) 500-HURT or contact us online to start on the path to being made whole again.

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