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Defective Products Lawyer in Lake Ozark, MO.

Defective Products Lawyer in Lake Ozark, MO. If you or a loved one was hurt by a dangerous product, call a Burger law defective products lawyer in Lake Ozark, MO immediately at (314) 500-HURT or fill out our online form for a free consultation.

Imagine what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may drive go-carts on your days off. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the shelves. When there is an oversight in the stream of commerce and a product becomes dangerous, it can have a disastrous effect on on your life and lives of those you love in Lake Ozark, MO. If tragedy struck you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to fight on your behalf and deliver you the best possible compensation you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Lake Ozark 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 Lake Ozark, MO today at (314) 500-HURT.

If you were harmed by a defective product in Lake Ozark, MO, see how much your claim may be worth by filling out 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 Lake Ozark, MO:

Lake Ozark, MO Defective Products Statistics

The Consumer Product Safety Commission has found that faulty 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 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 speaks to the unbelievable harm an unsafe product can cause.

If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Lake Ozark, MO for passionate, dedicated and knowledgeable support and legal representation.

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

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

  1. The person was involved in the product's chain of distribution.
  2. The product was used in a way easily foreseen.
  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 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 design to sale, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:

  • You discover who the manufacturer is, it still exists and is financially capable of compensating you for all of your damages.
  • The distributor makes an affidavit under oath 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 aspect of the chain of distribution.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned 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 had a larger role in the engineering of the product than they intimated, were otherwise liable for the fault or the manufacturer is unable to 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 you get the great compensation you are owed.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product went to market. This defense will only work for for inadequate warning defective products claims, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury claims in Lake Ozark, MO are decided by the idea 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 obligation, for example if if you are misdiagnosed because of substandard medical attention they might be held responsible for your damages and would have to pay you a financial recovery.

By contrast, most product liability or dangerous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is accountable for any damage a product causes, 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 Lake Ozark, 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 imperfection in the design that afterwards affects all products with the same design. An example is an improperly designed safeguard on a power tool.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure 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 not properly fastening components to each other.
  3. Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise 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. A manufacturer generally does not have to warn against obvious dangers. 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 thorough safety protocols for verifying that their products will not pose a danger to the public. However, too often companies do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Lake Ozark, 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 Lake Ozark, MO

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to posit that you are responsible for a portion of your injuries and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt an entity involved in the stream of commerce makes to avoid their responsibility to pay you for the damage their product did to you. Your Lake Ozark, 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 seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant for sitting, 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 shotgun 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 manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to totally avoid fault but can significantly decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto crash. A pharmaceutical company could reasonably see 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 principle 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 did not 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 adhered to proper protocols.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound 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 they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.

Just because people in the chain of distribution can — and will — assert that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies implement numerous deceitful tactics to try and devalue your claim, but your Lake Ozark, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies 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. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you get, and you owe us nothing until we win your case. Call Burger Law today at (314) 500-HURT for legal counsel that matches and surpasses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Lake Ozark, MO

Our defective products lawyer team sees in Lake Ozark, MO sees more defective vehicles than any other product, both because of their ubiquity 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 wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common faulty car components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical systems
  • Wheels
  • Door latches
  • Accelerators

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 Lake Ozark, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Lake Ozark, MO has seen be defective include:

  • Artificial joints that can cause infections, instability, pain or repeated dislocations
  • Pacemakers, which can result in infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on hard to reach areas which, when faulty, can lead to punctured organs, infections and internal burns
  • Blood clot filters that permit dislodged blood clots to invade the lungs
  • Permanent birth control implements that can perforate organs, cause pelvic pain, abnormal hemorrhaging and unplanned pregnancies

As the medical industry keeps inventing new technologies, the numbers of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the chief factor.

In 2017, the U.S. Health and Human Services Department found that over a decade Medicare had to spend at least $1.5 billion to replace over 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of improving our lives. If a flawed medical device caused you damages, your Lake Ozark, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 people who were depending on the replacement joint to ease their pain. 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 by clicking the link below:

View Complaint

Defective Drug Lawyer in Lake Ozark, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must obey from manufacturing to sale. 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. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Lake Ozark, MO to stand up to these bullying corporations and let them know that their conduct is deplorable.

Four thousand five hundred drugs and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you love had your condition worsen because of reckless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by winning you compensation and holding negligent corporations responsible. 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 collect compensation for our clients for in Lake Ozark, MO include:

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

Call Burger Law Now

Lake Ozark, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Lake Ozark, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Lake Ozark and throughout Missouri receive full 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 do not hesitate to start working on delivering you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Lake Ozark, 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 Lake Ozark, MO now at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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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!”

David and Fran Schneider

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