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Defective Products Lawyer in Lincoln County, MO.

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

Imagine your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit at in a chair or work around technology, and/or use your android at various times during the day. You may go boating on your free days. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of product that at one point was engineered, manufactured, packaged and sold. When there is an error in that process and a product becomes hazardous, it can have a devastating impact on Lincoln County, MO individuals and families. If tragedy struck you, you need the accomplished and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the best possible financial recovery you deserve.

In our In our three decades of experience fighting for fairness and justice, we have secured our clients in Lincoln County and throughout Missouri over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Lincoln County, MO today at (314) 500-HURT.

If you were harmed by a faulty product in Lincoln County, MO, find out the true value of your case by utilizing our free personal injury calculator.



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St. Louis, MO 63102

Phone: (314) 500-HURT

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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Lincoln County, MO:

How Common Are Defective Products in Lincoln County, MO?

The Consumer Product Safety Commission states that faulty products result in more than 29 million injuries and 21,000 deaths each year.

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 that can be caused when manufacturers and distributors do not follow adequate safety protocols.

If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Lincoln County, MO for compassionate, dedicated and talented support and legal representation.

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

Under Missouri Revised Statute §537.760, you and your Lincoln County, MO defective products lawyer can file a "strict liability" suit if three factors are true:

  1. The person was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a way easily anticipated.
  3. One or both of the following:
    1. The product was in 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. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

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

  • You discover who the manufacturer is, it still exists and is financially capable of reimbursing you for all of your injuries.
  • The entity that sold it makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
  • There is no evidence is brought in front of the court that the distributor took part in any other part 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 met, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they led on, were otherwise to blame for the defect 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 that every liable party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat 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 was introduced to the public. 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 suits in Lincoln County, MO are won or lost based on the idea of negligence. We all have an obligation to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Lincoln County, MO roads. When someone fails in that obligation, for example if if there a loose floor boards at a restaurant that cause you to fall they can be held accountable 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 come down to strict liability, meaning that anyone in the chain of distribution is at fault 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 Lincoln 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 — at the moment that it got into your hands.

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 imperfection in the design that subsequently passes the defect to all products with the same design. 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 dangerous chemicals. An example could be bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
  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 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 not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product typically 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 meant to hold corporations accountable and persuade them to implement comprehensive safety protocols for guaranteeing that their products will not pose a danger to the public. Even so, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Lincoln County, MO will fight by your side and demand nothing but a full financial recovery.

Comparative Negligence in Defective Productions Claims in Lincoln County, MO

An oft-used defense for manufacturers in a defective products claim is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for those in the chain of distribution to posit that you are liable for a portion of your injuries 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 at fault for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to eschew their responsibility to reimburse you for the damage their product did to you. Your Lincoln County, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may say you bear 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 manner the manufacturer could foresee. A manufacturer or distributor 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 use a loaded gun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not be expected to foresee that happening.
  • 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 liability but can significantly lower 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 concept in tort claims wherein, 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
  • You failed to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you obeyed recommended precautions.
  • You failed to 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 refuse to return to work when you are healthy enough to do so. 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 defense can — and will — try to convince the court that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies employ myriad dishonest ruses to try and minimize your claim, but your Lincoln County, MO defective products lawyer at Burger Law knows how to effectively counterattack. 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 make an injury claim before. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal advocacy that parallels and surpasses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Lincoln County, MO

Our defective products lawyer team sees in Lincoln County, 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 recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to accident and fires, and fail to protect occupants from harm as intended. Common faulty car parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Door latches
  • Headlights and taillights

Alternative vehicles like ATVs 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 Lincoln County, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Lincoln County, MO has seen cause further complications for patients are:

  • Artificial hips, knees or other joints that can cause infections, instability, pain or repeated dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can lead to punctured organs, infections and electrical burns
  • Blood clot filters that permit dislodged blood clots to slip into the lungs
  • Permanent birth control devices that can puncture organs, cause pelvic pain, excessive bleeding and unplanned pregnancies

As the medical industry keeps coming up with more and more advanced technologies, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the leading cause.

In 2017, the U.S. Health and Human Services Department stated that over 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of helping us. If a flawed medical device ended up aggravating your condition, your Lincoln County, 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 company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements deteriorate too quickly and have caused incredible 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 are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Lincoln County, MO

The Federal Drug Administration has strict 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. With no absolute third-party testing many drugs reach the shelves whose potential side effects greatly outweigh their 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 Lincoln County, MO to stand up to these bullying corporations and let them know that their behavior is unacceptable.

Four thousand five hundred drugs and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or a loved one had your condition deteriorate because of careless pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer immediately. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage they have caused. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from their family too soon.

Other common defective products we collect compensation for our clients for in Lincoln County, 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

Lincoln County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Lincoln County, 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 have pledged our careers to seeing the injured in Lincoln County and throughout Missouri receive full 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 wining you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical toll your injury has taken on you and your Lincoln County, 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 Lincoln County, MO immediately at (314) 500-HURT or contact us online to start on your journey to being made whole again.

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