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Defective Products Lawyer in Nevada, MO.

Defective Products Lawyer in Nevada, MO. If you or a family member was hurt by a dangerous product, call a Burger law defective products lawyer in Nevada, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.

Imagine what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around heavy equipment, and/or use your cell phone at various times during the day. You may use lawnmowers on the weekend. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that at one point was designed, produced, packaged and bought. When there is an oversight in the stream of commerce and a product becomes hazardous, it can cause severe harm to you and your Nevada, MO family. If tragedy struck you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to stand by your side and get you the great compensation you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Nevada 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. Get in touch with a defective products lawyer in Nevada, MO right away at (314) 500-HURT.

If you were hurt by a defective product in Nevada, MO, find out the true value of your claim by filling out our complimentary 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 Nevada, MO:

How Common Are Defective Products in Nevada, MO?

The Consumer Product Safety Commission estimates that defective products are responsible for over 29 million injuries and 21,000 deaths 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 harmed by a dangerous product, call a Burger Law defective products lawyer in Nevada, MO for compassionate, devoted and expert support and legal representation.

How Defective Products Claims Work in Nevada, MO

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

  1. The corporation was part of the product's stream of commerce.
  2. The product was used in a manner rationally expected.
  3. One or both of the following:
    1. The product was in a defective condition that was unreasonably hazardous when you bought the product that caused you direct harm, and/or
    2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "stream of commerce" refers to anyone involved in the product from initial design to purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may avoid liability if:

  • The manufacturer is known, still exists and can afford to pay for all of your injuries.
  • 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 seller was involved in any other facet of the design and manufacturing process.
  • The motion to dismiss is filed within 60 days.

If the aforementioned conditions are met, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they had a larger role in the design and manufacture of the product than they intimated, were otherwise at fault for the fault or the manufacturer cannot pay for all 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 you get the great financial recovery you deserve.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only applicable to for inadequate warning defective products cases, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

The majority of personal injury cases in Nevada, MO are won or lost based on the conception of negligence. We all have a duty to each other's safety in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone fails in that duty, for example if sustain an injury because you were hit by a distracted driver they may 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 hazardous products cases are determined by strict liability, meaning that a designer, manufacturer or vendor 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 Nevada, 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 inherent flaw in the design that afterwards passes the defect to all products with the same design. An example is a toy intended for children that contains a choking hazard.
  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 dangerous, 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. Insufficient 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 hazard 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 typically does not have to warn against dangers that a reasonable person would anticipate. 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 thorough 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 cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Nevada, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in Nevada, MO

Manufacturers, vendors and anyone else in the chain of distribution will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the manufacturer or seller to put forth the argument that you are liable for a portion of your damages and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent to blame for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to avoid their duty to pay you for the harm they have caused. Your Nevada, MO defective products lawyer at Burger Law will not let them get away with it. 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 seller is only has to make a product safe for ways that they can expect the public to use it. 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 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 happening.
  • You used the product in a way 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 diminish it but can significantly reduce it. Suppose 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 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 wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
  • 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 failed 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 followed proper protocols.
  • You failed to mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the financial recovery you are owed. For example, you cannot seek unnecessary medical treatment. 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 — argue that comparative fault applies to your claim, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ myriad deceitful tactics to try and devalue your claim, but your Nevada, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you are awarded, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law now at (314) 500-HURT for legal advocacy that parallels and eclipses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Nevada, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Nevada, MO. 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 collisions and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous motor vehicle parts we see are:

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

Alternative vehicles like 4-wheelers 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 Nevada, MO

Medical devices are intended 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 complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Nevada, MO has seen cause further injuries to patients include:

  • Artificial hips, knees or other joints that can lead to infections, instability, pain or frequent dislocations
  • Cardiovascular devises, which can cause 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 result in pierced organs, infections and internal burns
  • Blood clot filters that allow free-floating blood clots to slip into the lungs
  • Permanent birth control devices that can perforate organs, cause pain in the pelvic region, excessive blood loss and unwanted pregnancies

As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has increased exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the number one cause.

In 2017, the U.S. Health and Human Services Department reported that throughout a decade Medicare paid out 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 advanced medical devices might cause us extensive pain instead of improving our lives. If a defective medical device ended up aggravating your condition, your Nevada, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February 2022, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to degrade sooner than anticipated and have caused incredible pain and permanent damage to potentially as many as 150,000 people who were depending on the replacement joint to return their mobility. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read our original complaint here:

View Complaint

Defective Drug Lawyer in Nevada, MO

The Federal Drug Administration has strict protocols 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 market. 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 value their bottom line over the safety of the people they are supposed to be helping. 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 Nevada, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

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 love had your condition deteriorate because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations accountable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other examples of dangerous products we file suit for in Nevada, MO include:

  • Children's toys
  • Chemicals such as week killer
  • Baby powder
  • Household appliances
  • Industrial machinery
  • Cell phone batteries
  • Beauty products

Call Burger Law Now

Nevada, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Nevada, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we strive to see the vulnerable in Nevada and throughout Missouri collect great compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on securing you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your Nevada, MO family. We will stand by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Nevada, MO immediately at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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