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Defective Products Lawyer in Lexington, MO.

Defective Products Lawyer in Lexington, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Lexington, MO now at (314) 500-HURT or fill out our online form for a complimentary case review.

Picture what your daily like looks like: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around machines, and/or use your iPhone on and off throughout the day. You may go boating on the weekend. You may even have a pacemaker or other medical device. 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 market. When there is a mistake in the chain of distribution and a product becomes dangerous, it can have a devastating effect on Lexington, MO individuals and families. If tragedy struck you, you need the expert and committed legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the great compensation you are owed.

In our In our 70 years of combined experience fighting for fairness and justice, we have delivered our clients in Lexington and beyond more than $170 million. Our initial consultations 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 Lexington, MO now at (314) 500-HURT.

If you were harmed by a dangerous product in Lexington, MO, discover the true value of your case by utilizing 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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Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Lexington, MO:

Lexington, MO Defective Products Statistics

The Consumer Product Safety Commission has found that faulty products account for more than 29 million injuries and 21,000 deaths annually.

According to 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 shows the incredible destruction that can be caused when manufacturers and vendors do not obey adequate safety protocols.

If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in Lexington, MO for compassionate, devoted and talented support and legal representation.

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

According to Missouri Revised Statute §537.760, you and your Lexington, MO defective products lawyer can can hold a person or company responsible for your injuries if three factors are true:

  1. The defendant was part of the product's stream of commerce.
  2. The product was used in a manner logically anticipated.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably dangerous when the product was sold that was the proximate cause of your injuries, 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 purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may avoid liability if:

  • The manufacturer is known, still exists and is able to compensate you for the entirety of your damages.
  • The distributor signs an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
  • No other party in the case comes forward with evidence that the vendor took part in any other aspect of the chain of distribution.
  • The dismissal is requested to the court no later than 60 days after the complaint is filed.

If the above conditions are met, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise liable for the fault or the manufacturer cannot reimburse you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every at-fault party is held accountable.

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 hit the shelves. This defense will only work for for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury suits in Lexington, MO are based on the conception of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, Lexington, MO dog owners must always have control of their dog. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they can be found responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or defective products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is to blame for any injuries that results 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 Lexington, 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 innate fault in the design that subsequently passes the flaw to 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 hazardous, 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 leaving sharp edges on plastic or other materials.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This occurs when the product was not hazardous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about from normal use of the product. 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 generally does not have to warn against dangers 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 encourage corporations to implement comprehensive safety protocols for guaranteeing the safety of their products. However, too often corporations do not value our safety and try to focus more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Lexington, MO will hold them responsible by conducting a full investigation of your case and demanding only the best possible compensation.

Comparative Negligence in Defective Productions Claims in Lexington, MO

A common defense for manufacturers in a defective products lawsuit is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to argue that you are liable for a portion of your damages and, therefore, they are not liable for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to eschew their responsibility to reimburse you for the damage their product did to you. Your Lexington, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may say 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 manner 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 manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to completely avoid fault but can considerably lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car wreck. A pharmaceutical company could reasonably see 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 concept in tort claims whereby, if the injured party was aware of risks, 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 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 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 were using or around highly corrosive materials 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 safety measures.
  • You did not mitigate your damages. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 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 employ a variety of tricks to try and lower your claim, but your Lexington, MO defective products lawyer at Burger Law knows how to combat them. We know these companies will try everything to avoid paying you 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 collect a moderate percentage of the financial recovery you get, and you do not pay us anything until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal advocacy that parallels and surpasses that of bullying manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Lexington, MO

Our defective products lawyer team sees in Lexington, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. 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 accident and fires, and lead to further injuries when the safety components to not work as they should. Common defective motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Tires
  • Steering systems
  • Headlights and taillights

Offroad 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 Lexington, 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 Lexington, MO has seen be defective include:

  • Artificial hips, knees or other joints that can cause infections, instability, chronic soreness or frequent dislocations
  • Cardiovascular devises, which can result in 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 lead to punctured organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control implements that can pierce organs, cause pain in the pelvic region, abnormal blood loss and unintended pregnancies

As the medical industry becomes more high-tech, medical device recalls have soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the major cause.

In 2017, the U.S. Health and Human Services Department announced that in the course of 10 years Medicare spent at least $1.5 billion to replace over 73,000 flawed heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of easing it. If a flawed medical device ended up worsening your condition, your Lexington, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to degrade sooner than anticipated and have caused unimaginable pain and permanent 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 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 link below:

View Complaint

Defective Drug Lawyer in Lexington, 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. With no absolute independent testing many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people they are supposed to be helping. 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 Lexington, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Four thousand five hundred prescriptions 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 deteriorate because of careless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer now. We fight hard to see justice restored by securing you compensation and holding negligent corporations liable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other common dangerous products we file suit for in Lexington, MO include:

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

Call Burger Law Now

Lexington, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Lexington, MO knows that being injured 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 injured in Lexington and throughout Missouri be compensated 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 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 inflicted on you and your Lexington, 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 Lexington, MO now at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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