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Defective Products Lawyer in Lamar, MO.

Defective Products Lawyer in Lamar, MO. If you or someone you care about was injured by a dangerous product, reach out to a Burger law defective products lawyer in Lamar, MO today at (314) 500-HURT or fill out our online form for a complimentary consultation.

Think of your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your car, sit at in a chair or work around heavy equipment, and/or use your iPhone at various times during the day. You may drive go-carts on your free days. You may even have a prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of product that had to be designed, manufactured, packaged and bought. When there is a breakdown in that process and a product becomes dangerous, it can have a ruinous impact on Lamar, MO individuals and families. If tragedy struck you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to stand by your side and win you the great compensation you deserve.

In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have secured our clients in Lamar and throughout Missouri more than $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Lamar, MO today at (314) 500-HURT.

If you were injured by a defective product in Lamar, MO, discover how much your claim may be worth by filling out 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 Lamar, MO:

How Common Are Defective Products in Lamar, MO?

The Consumer Product Safety Commission states that hazardous products account for in excess of 29 million injuries and 21,000 deaths every year.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous 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 devastation an unsafe product can cause.

If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Lamar, MO for understanding, dedicated and knowledgeable support and legal counsel.

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

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

  1. The corporation was part of the product's design, manufacture, distribution and sale.
  2. The product was used in a way reasonably expected.
  3. One or both of the following:
    1. The product was in a defective condition that was unreasonably hazardous when the product was sold that caused you direct harm, and/or
    2. Your injuries stemmed from a dangerous 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 sale, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product can avoid liability if:

  • You discover who the manufacturer is, it has not closed their 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 process was selling it.
  • There is no evidence is brought in front of the court that the seller took part in any other facet of the design and manufacturing process.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If those conditions are satisfied, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise at fault for the fault or the manufacturer cannot compensate you for the entirety of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery that they owe you.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product went to market. This defense is only valid for failure to warn defective products lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

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

Most personal injury claims in Lamar, MO depend on the notion of negligence. We all have a duty to each other's safety in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for example if are injured by a fatigued truck driver they might be found liable for your damages and would have to pay you a financial recovery.

However, most product liability or dangerous products cases are strict liability claims, meaning that anyone in the chain of distribution is responsible for any damage that results 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 Lamar, 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 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 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 leaving sharp edges on plastic or other materials.
  3. Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about inherent risks. 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 dangers that a reasonable person would anticipate. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to incentivize corporations to implement thorough safety protocols for verifying the safety of their products. However, too often companies do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Lamar, MO will fight by your side and demand nothing but a full financial recovery.

Comparative Negligence in Defective Productions Claims in Lamar, MO

A common defense for manufacturers in a dangerous product claim is that you are at fault for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the defendants to argue that you are liable for a portion of your damages 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 liable for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a manufacturer makes to get out their duty to reimburse you for the damage their product did to you. Your Lamar, 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 distributor 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 put wheels on a chair and are injured racing it down the street, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
  • You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly decrease it but can considerably diminish 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 risks of the product while you were using it. 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 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 modify a chainsaw or other tool to remove certain guards or safety measures. 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. 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 obeyed recommended safety measures.
  • 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 amount of compensation 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 people in the chain of distribution can — and will — assert that you share part of the blame, that does not mean the claim is automatically true. Bullying corporations and insurance companies employ a variety of dishonest ruses to try and devalue your claim, but your Lamar, MO defective products lawyer at Burger Law knows how to combat 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 file a lawsuit before. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the compensation you receive, and we do not collect any attorney's fees until you get the great compensation you deserve. Call Burger Law immediately at (314) 500-HURT for legal advocacy that matches and exceeds that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Lamar, MO

Our defective products lawyer team sees in Lamar, 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, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and fail to protect occupants from harm as intended. Common defective car parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Tires
  • Door latches
  • Accelerators

Alternative vehicles like ATVs can also cause damage, 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 Lamar, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Lamar, MO has seen be defective include:

  • Artificial hips, knees or other joints that can lead to infections, limited mobility, pain or recurring dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause pierced organs, infections and electrical burns
  • Blood clot filters that permit dislodged blood clots to slip into the lungs
  • Permanent birth control devices that can perforate organs, lead to pelvic pain, abnormal hemorrhaging and unintended pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the chief cause.

In 2017, the U.S. Health and Human Services Department found that in the course of a decade Medicare spent at least $1.5 billion to replace in excess of 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 defective medical device caused you injuries, your Lamar, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 patients 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 the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Lamar, MO

The Federal Drug Administration has firm protocols 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. That means that many prescriptions reach the market 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 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 Lamar, 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 a loved one sustained injuries because of reckless pharmaceutical companies and manufacturers, 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 held opioid manufacturers responsible when their negligence has taken someone from this world too soon.

Other examples of defective products we see in Lamar, MO include:

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

Call Burger Law Now

Lamar, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Lamar, MO knows that being hurt by a hazardous product can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Lamar and throughout Missouri collect maximum 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 getting you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical toll your injury has taken on you and your Lamar, 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 Lamar, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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