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Defective Products Lawyer in Kirkwood, MO.

Defective Products Lawyer in Kirkwood, MO. If you or someone you care about was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in Kirkwood, MO immediately at (314) 500-HURT or fill out our online form for a free case review.

Think of what you do every day: You may have put on some lotion or 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 equipment, and/or use your android on and off throughout the day. You may go 4-wheeling 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 product that has gone through various stages of design and production before it reaches the shelves. When there is an error in the chain of distribution and a product becomes defective, it can have a disastrous effect on on your life and lives of those you love in Kirkwood, MO. If tragedy struck you, you need the knowledgeable and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and get you the best possible compensation you are owed.

In our In our 70 years of combined experience standing up for the rights of the injured and vulnerable, we have secured our clients in Kirkwood and beyond more than $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Kirkwood, MO now at (314) 500-HURT.

If you were hurt by a faulty product in Kirkwood, MO, learn the true value of your claim by utilizing our free personal injury calculator.



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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Kirkwood, MO:

Kirkwood, MO Defective Products Statistics

The Consumer Product Safety Commission has found that faulty products are responsible for in excess of 29 million injuries and 21,000 fatalities every year.

Based on data 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 speaks to the incredible harm that can be caused when manufacturers and distributors do not obey adequate safety protocols.

If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Kirkwood, MO for passionate, committed and expert support and legal counsel.

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

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

  1. The person was part of the product's stream of commerce.
  2. The product was used in a manner rationally expected.
  3. One or both of the following:
    1. The product had 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. 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 sale, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it may avoid liability if:

  • You discover who the manufacturer is, it still exists and is financially capable of paying you for all of your injuries.
  • The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is presented to the court that the distributor took part in any other part of the chain of distribution.
  • The dismissal is requested to the court no later than 60 days after the complaint is filed.

If the aforementioned conditions are fulfilled, the distributor 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 implied, were otherwise at fault for the fault or the manufacturer is unable to compensate you for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every at-fault party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be fully understood before use by the public. This defense is only valid for inadequate warning product liability claims, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury suits in Kirkwood, MO are won or lost based on 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 Kirkwood, MO roads. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they can be held accountable for your damages and would have to pay you a financial recovery.

By contrast, most product liability or dangerous products cases come down to strict liability, meaning that anyone in the chain of distribution is responsible 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 Kirkwood, 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 flaw in the design that afterwards affects all products with the same design. An example is a toy intended for children that contains a choking hazard.
  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 defective, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be incorrectly installing wires or electrical components or a swing set with a cracked chain.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: This occurs when the product was not dangerous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could arise 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. The company that makes a product generally does not have to warn against risks that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to hold corporations accountable and persuade them to implement exhaustive safety protocols for ensuring that their products will not put the people who use it at risk. However, too often companies do not respect their obligation to make safe products and try to focus more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Kirkwood, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but complete compensation.

Comparative Negligence in Defective Productions Claims in Kirkwood, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the defendants to argue that you share a portion of your damages and, therefore, they are not obligated to reimburse you 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 to blame for your injuries, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt an entity involved in the stream of commerce makes to avoid their obligation to reimburse you for the harm they have caused. Your Kirkwood, MO defective products lawyer at Burger Law will not let them get away with it. Pursuant to 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 way the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. 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 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 way 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 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 knew of inherent hazards of the product while you were using it. 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, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
  • You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
  • You did not 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 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 precautions.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. 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 the manufacturer or distributor can — and will — assert that comparative fault applies to your injuries, that does not mean they will be successful. Powerful corporations and insurance companies use myriad deceitful tactics to try and lower your claim, but your Kirkwood, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you 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 our only fee is a moderate percentage of the compensation you collect, and you owe us nothing until we win your case. Get in touch with Burger Law right away at (314) 500-HURT for legal advocacy that parallels and exceeds that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Kirkwood, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Kirkwood, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common defective automobile components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Wheels
  • Door latches
  • Engine cooling fan blades

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 Kirkwood, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Kirkwood, MO has seen cause further complications for patients include:

  • Artificial joints that can result in infections, limited mobility, chronic soreness or repeated dislocations
  • Pacemakers, which can lead to infections or even wrongful death because of premature failures
  • Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can result in pierced organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can perforate organs, cause pelvic pain, excessive blood loss and unintended pregnancies

As the medical industry becomes more high-tech, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, mostly due to problems with software.

In 2017, the U.S. Health and Human Services Department announced that over the span of 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 faulty cardiovascular devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a defective medical device ended up worsening your condition, your Kirkwood, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get 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. Their knee replacements were incorrectly packaged and shipped, causing them to degrade too quickly 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 made aware of the defect by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view our original complaint here:

View Complaint

Defective Drug Lawyer in Kirkwood, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must follow from manufacturing to delivery. 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 shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than 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 Kirkwood, 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. annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you love received injuries because of careless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations liable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other common dangerous products we see in Kirkwood, 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

Kirkwood, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Kirkwood, MO knows that being injured by a faulty product can completely disrupt your life. That is why we have devoted our careers to seeing the vulnerable in Kirkwood 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 immediately start working on wining you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Kirkwood, 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 Kirkwood, MO today at (314) 500-HURT or contact us online to start on your journey to being made whole again.

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