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Defective Products Lawyer in Marceline, MO.

Defective Products Lawyer in Marceline, MO. If you or someone you love was harmed by a dangerous product, reach out to a Burger law defective products lawyer in Marceline, MO right away at (314) 500-HURT or fill out our online form for a free case review.

Think of what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around machines, and/or use your cell phone at various times during the day. You may go boating on the weekend. You may even have a prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the shelves. When there is an oversight in the chain of distribution and a product becomes defective, it can cause severe harm to you and your Marceline, MO family. If tragedy struck you, you need the expert and committed legal services of Burger Law's defective products lawyer team to stand by your side and win you the full financial recovery you deserve.

In our 30 years of negotiation, litigation and trial experience, we have gotten our clients in Marceline and throughout Missouri in excess of $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Marceline, MO now at (314) 500-HURT.

If you were harmed by a dangerous product in Marceline, MO, find out the true value of your claim by using 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 useful links and FAQS from your Burger Law defective products injury lawyer in Marceline, MO:

Marceline, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that dangerous products are responsible for more than 29 million injuries and 21,000 deaths annually.

According to statistics 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 extreme harm that can be caused when manufacturers and distributors do not follow the rules.

If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Marceline, MO for empathetic, devoted and expert support and legal counsel.

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

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

  1. The defendant was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a manner easily expected.
  3. One or both of the following:
    1. The product was in a faulty condition that was unreasonably dangerous when it left the manufacturer's or distributor's 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 involved in the product from initial conception to purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it may be dismissed from the suit if:

  • The manufacturer is known, has not closed their business and is financially capable of paying you for all of your injuries.
  • The distributor makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
  • No other party in the case comes forward with evidence that the vendor was involved in any other aspect of the stream of commerce.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are fulfilled, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise at fault for the defect or the manufacturer cannot compensate you for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation 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 applicable to for inadequate warning product liability claims, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury cases in Marceline, MO are determined by the concept of negligence. We all have an responsibility to each other's safety in certain situations; for example, Marceline, MO dog owners must always have control of their dog. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they might be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or dangerous products cases are strict liability claims, meaning that anyone in the chain of distribution is at fault for any injuries 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 Marceline, 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 defect in the design that afterwards 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: A product can be designed effectively and safely but still become hazardous 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 installing outdated components or not properly fastening components to each other.
  3. Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather 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 not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer generally does not have to warn against obvious dangers. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety procedures for verifying the safety of their products. Even so, too often companies do not value our safety and spend more energy on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Marceline, MO will fight on your behalf and insist on nothing but the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Marceline, MO

Manufacturers, vendors and anyone else in the stream of commerce will often rely on the theory of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for those in the chain of distribution to argue that you share a portion of your injuries and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt an entity involved in the stream of commerce makes to get out their responsibility to reimburse you for the damage their product did to you. Your Marceline, MO defective products lawyer at Burger Law will not let them get away with it. Pursuant to the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances are present in your case:

  • You did not use the product in a manner 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, while chairs are meant for sitting, standing on one to reach something is common. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. By contrast, if you use a loaded rifle to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably decrease it but can considerably reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle accident. A pharmaceutical company could reasonably see 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 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. 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 are your fault because you had not obeyed recommended precautions.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to lessen the amount of compensation you are owed. For example, you cannot seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

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 they will be successful. Powerful corporations and insurance companies employ numerous dishonest ruses to try and devalue your claim, but your Marceline, MO defective products lawyer at Burger Law knows how to fight back against 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. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the compensation you collect, and you do not pay us anything until we win your case. Call Burger Law today at (314) 500-HURT for legal representation that matches and surpasses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Marceline, MO

Our defective products lawyer team sees in Marceline, 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 recalls were issued both for entire vehicles and individual components. Defective car parts can lead to crashes and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous automobile components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Tires
  • Door latches
  • Engine cooling fan blades

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 Marceline, MO

We trust 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 implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Marceline, MO has seen be defective are:

  • Artificial hips, knees or other joints that can lead to infections, limited mobility, pain or frequent dislocations
  • Pacemakers, which can result in infections or even wrongful death when they do not last as long as expected
  • Surgical robots 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 perforated organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can puncture organs, cause pelvic pain, abnormal bleeding and unwanted pregnancies

As the medical industry becomes more high-tech, medical device recalls have soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly due to defects in software.

In 2017, the U.S. Health and Human Services Department stated that in the course of 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 faulty heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Marceline, 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to deteriorate too quickly and have caused incredible pain and permanent damage to possibly as many as 150,000 people who had the replacement joint implanted. 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 our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Marceline, MO

The Federal Drug Administration has stringent 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 shelves without an objective analysis of the potential drawbacks compared to the 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 truly help their condition. 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 Marceline, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Hundreds of thousands of drugs and medical devices are recalled in the U.S. 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 received injuries because of irresponsible pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by securing you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from this world too soon.

Other examples of defective products we file suit for in Marceline, MO include:

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

Call Burger Law Now

Marceline, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Marceline, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we strive to see the injured in Marceline and throughout Missouri collect fair compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on securing you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical toll your injury has taken on you and your Marceline, 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 Marceline, MO now at (314) 500-HURT or contact us online to start on your journey to true healing.

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