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Defective Products Lawyer in Manchester, MO.

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

Picture what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on your bike, sit by a computer or work around machines, and/or use your cell phone on and off throughout the day. You may drive go-carts on your days off. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of technology that at one point was engineered, produced, packaged and sold. When there is a mistake in the chain of distribution and a product becomes hazardous, it can cause severe harm to you and your Manchester, MO family. If tragedy struck you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the best possible compensation you deserve.

In our In our 30 years of experience standing up for the rights of the injured and vulnerable, we have won our clients in Manchester 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 Manchester, MO today at (314) 500-HURT.

If you were harmed by a faulty product in Manchester, MO, discover the true value of your case by using our complimentary personal injury calculator.



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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Manchester, MO:

Manchester, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that defective products result in more than 29 million injuries and 21,000 fatalities each year.

According to data from the Insurance Information Institute, in 2019 the mean average that people injured by faulty 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 obey proper safety measures.

If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in Manchester, MO for understanding, dedicated and knowledgeable support and legal advocacy.

How Defective Products Claims Work in Manchester, MO

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

  1. The company was involved in the product's chain of distribution.
  2. The product was used in a way easily anticipated.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably dangerous when it left the manufacturer's or seller's that caused you direct harm, 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 that took part in the product coming to fruiting and going to the market, from initial design to sale, including a distributor or seller. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the suit if:

  • The manufacturer is known, still exists and is financially capable of reimbursing you for all of your damages.
  • The seller makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
  • There is no evidence is presented to the court that the distributor took part in any other part of the design and manufacturing process.
  • The motion to dismiss is filed within 60 days.

If those 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 had a larger role in the engineering of the product than they led on, were otherwise at fault for the defect or the manufacturer is unable to reimburse you 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 liable party is held responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense is only applicable to for failure to warn product liability cases, 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 Manchester, MO are based on the concept of negligence. We all have an responsibility to each other's safety in certain situations; for example, doctors must treat their Manchester, MO patients with a standard of care. When someone fails in that obligation, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found accountable for your damages and would have to pay you compensation.

However, most product liability or hazardous products cases come down to strict liability, meaning that anyone in the chain of distribution is liable for any injuries 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 Manchester, 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 passes the flaw to all products with the same design. An example is a piece of clothing that is easily flammable.
  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, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. 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 defective 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 food packaging that does not mention all the ingredients and causes an allergic reaction. 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 chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement comprehensive safety procedures for guaranteeing that their products will not put the people who use it at risk. However, too often companies do not value our safety and spend more energy on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Manchester, MO will fight on your behalf and insist on nothing but the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Manchester, MO

A common defense for manufacturers in a defective products lawsuit is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the chain of distribution to posit that you are liable for a portion of your damages 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 liable for the accident, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to get out their responsibility to reimburse you for the harm they have caused. Your Manchester, 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 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. 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, Someone in the chain of distribution will not be able to entirely avoid liability but can significantly diminish 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 knew of inherent hazards of the product while you were using it. This is often called as "Assumption of the risk," a theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 say that any reasonable person would have known that they could be seriously injured doing such a thing.
  • 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 injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you obeyed proper protocols.
  • You did not mitigate your damages. 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 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 comparative fault applies to your case, that does not mean the claim is automatically true. Large corporations and insurance companies implement myriad tricks to try and devalue your claim, but your Manchester, 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 do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the compensation you receive, and you owe us nothing 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 resistant manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Manchester, MO

Our defective products lawyer team sees in Manchester, MO sees more defective vehicles than any other product, both because of how many people use them 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 lead to wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common faulty automobile components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Tires
  • Door latches
  • Headlights and taillights

Offroad vehicles like ATVs 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 Manchester, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Manchester, MO has seen be defective include:

  • Artificial joints that can lead to infections, limited mobility, chronic soreness or frequent dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as anticipated
  • Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can lead to punctured organs, infections and electrical burns
  • Blood clot filters that allow dislodged blood clots to slip into the lungs
  • Permanent birth control implements that can perforate organs, lead to pelvic pain, excessive bleeding and unwanted pregnancies

As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has gone up exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the foremost factor.

In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 flawed heart devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a defective medical device caused you damages, your Manchester, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements degrade too quickly and have caused incredible pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was contacted 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 view our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Manchester, 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 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 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 Manchester, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Hundreds of thousands of 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 care about had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer as soon as possible. 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 accountable when their actions have taken someone from this world too soon.

Other common dangerous products we collect compensation for our clients for in Manchester, 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

Manchester, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Manchester, MO knows that being harmed by a faulty product can completely upend your daily routine, your family and even your present and future financial security. That is why we have pledged our lives to seeing the injured in Manchester 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 wining you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical toll your injury has taken on you and your Manchester, 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 Manchester, MO now at (314) 500-HURT or contact us online to start on the path to being made whole again.

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