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Defective Products Lawyer in Mount Vernon, MO.

Defective Products Lawyer in Mount Vernon, MO. If you or a family member was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Mount Vernon, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Picture 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 by a computer or work around machines, and/or use your cell phone at various times during the day. You may drive go-carts on your days off. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that at one point was designed, produced, packaged and purchased. When there is a mistake in the chain of distribution and a product becomes dangerous, it can have a devastating impact on on your life and lives of those you love in Mount Vernon, MO. If tragedy struck you, you need the expert and committed legal representation of Burger Law's defective products lawyer team to stand in your corner and get you the maximum compensation you are owed.

In our In our three decades of experience standing up for fairness and justice, we have delivered our clients in Mount Vernon and beyond in excess of $170 million. Talking to us is free, so there's no reason not to reach out. Get in touch with a defective products lawyer in Mount Vernon, MO right away at (314) 500-HURT.

If you were injured by a dangerous product in Mount Vernon, MO, see the true value of your claim 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 Mount Vernon, MO:

Mount Vernon, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that dangerous products account for more than 29 million injuries and 21,000 fatalities every year.

Based on data 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 devastation an unsafe product can cause.

If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Mount Vernon, MO for passionate, committed and knowledgeable support and legal representation.

How Defective Products Claims Work in Mount Vernon, MO

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

  1. The corporation was part of the product's stream of commerce.
  2. You used the product in a way easily expected.
  3. Either or both of the following conditions:
    1. The product had a faulty condition that was unreasonably dangerous when you bought the product that was the proximate cause of your injuries, 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 sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product may be dismissed from the lawsuit if:

  • The manufacturer is known, has not closed their business and is financially capable of reimbursing you for all of your damages.
  • The distributor signs an affidavit under oath that their only involvement in the process was selling it.
  • There is no evidence is brought in front of the court that the vendor took part in any other facet of the chain of distribution.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If those conditions are fulfilled, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they had a larger role in the production of the product than they intimated, were otherwise at fault for the fault or the manufacturer cannot compensate you for the entirety 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 responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be completely understood before use by the consumer. This defense will only work for for failure to warn product liability claims, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury suits in Mount Vernon, MO depend on the notion of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Mount Vernon, MO patients with a standard of care. When someone is negligent, 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 owe you a financial recovery.

By contrast, most product liability or defective products claims come down to strict liability, meaning that anyone in the chain of distribution is accountable for any damage that results 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 Mount Vernon, 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 came into your possession.

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 subsequently affects all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
  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 affect only one product, 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 not properly fastening components to each other.
  3. Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: 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 arise 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. A manufacturer generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement thorough safety protocols for guaranteeing the safety of their products. Even so, too often companies do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Mount Vernon, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Mount Vernon, MO

An oft-used defense for manufacturers in a dangerous product claim is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the chain of distribution to posit that you are responsible 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 liable for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to eschew their duty to pay you for the damage their product did to you. Your Mount Vernon, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect a consumer to use it. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. 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 put wheels on a chair and are injured racing it down the street, 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 the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to totally avoid fault but can considerably reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car 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 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 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 hurt 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 chain of distribution from liability. 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 recommended safety measures.
  • You failed to mitigate your damages. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. 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 people in the chain of distribution can — and will — work hard to persuade a jury 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 use a lot of dishonest ruses to try and lower your claim, but your Mount Vernon, 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 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 compensation you collect, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law immediately at (314) 500-HURT for legal counsel that parallels and exceeds that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Mount Vernon, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Mount Vernon, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in crashes and fires, and fail to protect drivers and passengers from harm as intended. Common defective car components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical systems
  • Tires
  • Steering systems
  • Engine cooling fan blades

Offroad vehicles like 4-wheelers can also cause injuries, for instance many of them are prone 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 Mount Vernon, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Mount Vernon, MO has seen cause further complications for patients include:

  • Artificial joints that can lead to infections, instability, pain or repeated dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
  • 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 cause punctured organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can pierce organs, lead to pain in the pelvic region, abnormal hemorrhaging and unplanned pregnancies

As the medical industry becomes more high-tech, medical device recalls have soared. In the first quarter 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 announced that over 10 years Medicare spent at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Mount Vernon, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a manufacturer of 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 sooner than anticipated and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was contacted by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint here:

View Complaint

Defective Drug Lawyer in Mount Vernon, MO

The Federal Drug Administration has firm procedures 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 prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies 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 Mount Vernon, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, 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 worsen because of reckless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer now. 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 successfully won claims for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other common defective products we collect compensation for our clients for in Mount Vernon, 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

Mount Vernon, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Mount Vernon, MO knows that being harmed by a faulty product 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 Mount Vernon and throughout Missouri get great 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 securing you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Mount Vernon, 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 Mount Vernon, MO today at (314) 500-HURT or contact us online to start on the path to a true recovery.

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