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Defective Products Lawyer in Lafayette County, MO.

Defective Products Lawyer in Lafayette County, MO. If you or someone you love was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in Lafayette County, MO right away at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Picture what you do every day: You may make coffee in a coffee maker 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 cell phone at various times during the day. You may go 4-wheeling on your days off. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was designed, manufactured, packaged and sold. When there is an oversight in the stream of commerce and a product becomes defective, it can have a devastating effect on Lafayette County, MO individuals and families. If tragedy struck you, you need the knowledgeable and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and win you the best possible compensation you deserve.

In our In our 30 years of experience fighting for the rights of the injured and vulnerable, we have gotten our clients in Lafayette County and beyond more than $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Lafayette County, MO immediately at (314) 500-HURT.

If you were hurt by a faulty product in Lafayette County, MO, discover how much your claim may be worth 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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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Lafayette County, MO:

How Common Are Defective Products in Lafayette County, MO?

The Consumer Product Safety Commission estimates that dangerous products account for over 29 million injuries and 21,000 deaths each year.

Based on facts 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 or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Lafayette County, MO for compassionate, dedicated and skilled support and legal representation.

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

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

  1. The corporation was part of the product's design, manufacture, distribution and sale.
  2. The product was used in a way rationally expected.
  3. One or both of the following:
    1. The product was in a faulty condition that was unreasonably dangerous 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 hazardous characteristic of the product and the labeling or instructions did not give adequate warning.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the suit if:

  • The manufacturer is known, has not closed their business and is financially capable of compensating you for the entirety of your damages.
  • The entity that sold it makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is submitted to the court that the distributor took part in any other aspect of the design and manufacturing process.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If those conditions are fulfilled, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise to blame for the fault or the manufacturer cannot compensate you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every to-blame party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be completely understood before use by the consumer. This defense is only applicable to for failure to warn product liability lawsuits, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

Most personal injury cases in Lafayette County, MO are decided by the idea of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, doctors must treat their Lafayette County, MO patients with a standard of care. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they can be held liable for your damages and would owe you compensation.

By contrast, most product liability or defective products claims are strict liability claims, meaning that a designer, manufacturer or vendor is accountable for any injuries that stems from the reasonable use of a product, 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 Lafayette 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 — 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 inherent flaw in the design that subsequently affects all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
  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 incorrectly installing wires or electrical components or a swing set with a cracked chain.
  3. Insufficient Warnings and Instructions: This occurs when the product was not defective through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects 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 obvious dangers. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement exhaustive safety procedures for ensuring the safety of their products. However, too often corporations do not value our safety and concentrate more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Lafayette County, MO will fight on your behalf and insist on only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Lafayette County, MO

An oft-used defense for manufacturers in a defective products case is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to posit that you share a portion of the fault and, therefore, they are not required to compensate 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 at fault for the accident, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to eschew their responsibility to reimburse you for the damage their product did to you. Your Lafayette County, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. 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 use of the product.
  • You used the product in a way the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid liability but can significantly reduce 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 referred to as "Assumption of the risk," a principle in tort claims whereby, 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. 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 took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you 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 keep your damages as low as you reasonable can. 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 defense can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies employ a variety of deceitful tactics to try and devalue your claim, but your Lafayette County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations 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 our only fee is a moderate percentage of the financial recovery you are awarded, 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 surpasses that of bullying manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Lafayette County, MO

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

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical systems
  • Tires
  • Door latches
  • Engine cooling fan blades

Offroad vehicles like 4-wheelers 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 Lafayette County, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us even more complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Lafayette County, MO has seen be defective include:

  • Artificial joints that can lead to infections, instability, pain or repeated dislocations
  • Pacemakers, which can result in infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on hard to reach areas which, when faulty, can lead to pierced organs, infections and electrical burns
  • Blood clot filters that allow free-floating blood clots to travel up to the lungs
  • Permanent birth control devices that can pierce organs, cause pelvic pain, abnormal hemorrhaging and unintended pregnancies

As the medical industry becomes more high-tech, 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 leading factor.

In 2017, the U.S. Health and Human Services Department reported that over a decade Medicare paid out at least $1.5 billion to replace over 73,000 defective cardiovascular 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 Lafayette County, 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 unnecessary 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 oversights in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused incredible pain and permanent damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was retained 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 our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Lafayette County, MO

The Federal Drug Administration has firm 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 shelves. That means that many prescriptions 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 they are supposed to be helping. 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 Lafayette County, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. each year, 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 irresponsible 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 served by securing you compensation and holding negligent corporations responsible. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other examples of defective products we collect compensation for our clients for in Lafayette 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

Lafayette County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Lafayette County, MO knows that being hurt by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have pledged our careers to seeing the injured in Lafayette County and throughout Missouri collect the best possible compensation for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we do not hesitate to start working on securing you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical toll your injury has taken on you and your Lafayette County, MO family. We will fight 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 Lafayette County, MO right away at (314) 500-HURT or contact us online to start on the path to being made whole again.

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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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