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Defective Products Lawyer in Macon, MO.

Defective Products Lawyer in Macon, MO. If you or someone you love sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Macon, MO immediately at (314) 500-HURT or fill out our online form for a free case review.

Think of what you do every day: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around technology, and/or use your android on and off throughout the day. You may use lawnmowers on your days off. 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 had to be engineered, produced, packaged and sold. When there is an error in the chain of distribution and a product becomes defective, it can cause serious harm to you and your Macon, MO family. When that happens to you, you need the skilled and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the maximum financial recovery you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in Macon and beyond more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Macon, MO immediately at (314) 500-HURT.

If you were hurt by a defective product in Macon, MO, learn the true value of your case 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 helpful links and FAQS from your Burger Law defective products injury lawyer in Macon, MO:

How Common Are Defective Products in Macon, MO?

The Consumer Product Safety Commission states that dangerous products cause over 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 speaks to the unbelievable devastation that can be caused when manufacturers and distributors do not adhere to the rules.

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

How Defective Products Claims Work in Macon, MO

Pursuant to Missouri Revised Statute §537.760, you and your Macon, MO defective products lawyer can make a "strict liability" claim if three conditions are met:

  1. The defendant was part of the product's chain of distribution.
  2. You used the product in a manner easily expected.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, 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 "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. Under Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it can avoid liability if:

  • The manufacturer is known, still does business and is financially capable of reimbursing you for the entirety of your damages.
  • The vendor signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
  • There is no evidence is presented to the court that the vendor was involved in any other facet of the design and manufacturing process.
  • The dismissal is requested to the court no later than 60 days after the complaint is filed.

If the aforementioned conditions are satisfied, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise liable for the hazardous condition or the manufacturer is unable to pay for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held responsible.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be fully understood before use by the consumer. This defense is only applicable to 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 aspect.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in Macon, MO are determined by the conception of negligence. We all have an responsibility to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Macon, MO roads. When someone fails in that responsibility, for instance if are injured by a fatigued truck driver they might be held responsible for your damages and would owe you compensation.

However, most product liability or hazardous products cases come down to strict liability, meaning that a designer, manufacturer or vendor is liable for any damage a product causes, 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 Macon, 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 you acquired it.

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 fault in the design that afterwards passes the flaw 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 a failure in the manufacturing process. This can either only make one product faulty, 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 installing outdated components or using the wrong kind of screws or bolts.
  3. Inadequate Warnings and Instructions: This occurs when the product was not hazardous 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 failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product generally does not have to warn against dangers that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement exhaustive safety procedures for ensuring that their products will not put the people who use it at risk. Even so, too often companies are negligent and try to focus more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Macon, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in Macon, MO

A common defense for manufacturers in a product liability case is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to argue that you share a portion of your injuries and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent at fault for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt an entity involved in the chain of distribution makes to eschew their obligation to reimburse you for the damage their product did to you. Your Macon, 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 seller is only has to make a product safe for ways that they can expect the public to use it. 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. By contrast, 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 reasonably foresee that happening.
  • You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can significantly decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto accident. A pharmaceutical company could reasonably see 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 called 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 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 make custom modification to your car's engine despite not being a mechanic. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You did not take necessary safety precautions. 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 expected to try to lessen the financial recovery 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 — argue that comparative fault applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies employ a variety of dishonest ruses to try and lower your claim, but your Macon, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair 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 we do not collect any attorney's fees until we win your case. Reach out to Burger Law right away at (314) 500-HURT for legal advocacy that matches and surpasses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Macon, MO

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

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

Alternative 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 Macon, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually 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 Macon, MO has seen cause further injuries to patients include:

  • Artificial hips, knees or other joints that can cause infections, limited mobility, pain or frequent dislocations
  • Pacemakers, which can lead to infections or even wrongful death because of premature failures
  • Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can cause punctured organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control devices that can perforate organs, cause pelvic pain, abnormal bleeding and unplanned pregnancies

As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the number one factor.

In 2017, the U.S. Health and Human Services Department found that over the span of a decade Medicare had to spend 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 technological medical devices might cause us extensive pain instead of easing it. If a flawed medical device caused you damages, your Macon, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February of this year, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused incredible pain and lifelong damage to potentially as many as 150,000 people 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 view our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Macon, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must adhere to from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. With no absolute independent testing many prescriptions reach the shelves whose potential side effects greatly outweigh their 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 Macon, 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 taken off the national market annually, and many of them have already been widely ingested and used. If you or a family member received injuries because of reckless pharmaceutical companies and manufacturers, reach out to 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 held opioid manufacturers responsible when their negligence has taken someone from this world too soon.

Other common dangerous products we see in Macon, 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

Macon, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Macon, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your life. That is why we have committed our careers to seeing the injured in Macon and throughout Missouri get maximum 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 immediately 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 inflicted on you and your Macon, MO family. We will stand 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 Macon, MO now at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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