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Defective Products Lawyer in Nixa, MO.

Defective Products Lawyer in Nixa, MO. If you or a loved one was injured by a dangerous product, reach out to a Burger law defective products lawyer in Nixa, MO today at (314) 500-HURT or fill out our online form for a complimentary consultation.

Picture what you do every day: You may have a skincare routine or put on some 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 on and off throughout the day. You may go 4-wheeling on the weekend. You may even have a ankle replacement or other medical implant. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the buyer. When there is an oversight in that process and a product becomes hazardous, it can cause serious harm to you and your Nixa, MO family. If tragedy struck you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the great compensation you are owed.

In our In our 70 years of combined experience standing up for fairness and justice, we have secured our clients in Nixa and beyond over $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 Nixa, MO now at (314) 500-HURT.

If you were hurt by a dangerous product in Nixa, MO, find out the true value of your case 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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Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Nixa, MO:

Nixa, MO Defective Products Statistics

The Consumer Product Safety Commission has found that dangerous products are responsible for more than 29 million injuries and 21,000 deaths every year.

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 incredible destruction an unsafe product can cause.

If you or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in Nixa, MO for passionate, committed and talented support and legal representation.

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

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

  1. The defendant was involved in the product's design, manufacture, distribution and sale.
  2. The product was used in a way logically foreseen.
  3. One or both of the following:
    1. The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor's that caused you direct harm, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "stream of commerce" refers to anyone involved in the product from initial design to sale, including a distributor or vendor. Pursuant 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 is able to pay for the entirety of your damages.
  • The vendor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case presents evidence that the seller took part in any other aspect of the chain of distribution.
  • The motion to dismiss is filed within 60 days.

If those conditions are met, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise liable for the defect or the manufacturer cannot reimburse 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 you get the great compensation you are owed.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be completely understood before use by the public. This defense is only applicable to for failure to warn defective products lawsuits, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.

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

The majority of personal injury cases in Nixa, MO are determined by the idea of negligence. We all owe each other a duty of care 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 obligation, for example if if there a loose floor boards at a restaurant that cause you to fall they can be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or hazardous products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is to blame for any damage that stems from 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 Nixa, 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 flaw in the design that subsequently 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 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 bugs or other contaminants found in beverages or not properly fastening components to each other.
  3. Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about innate risks. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer typically 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 exhaustive safety protocols for ensuring the safety of their products. Even so, too often corporations do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Nixa, MO will hold them accountable by conducting a full investigation of your case and demanding only full compensation.

Comparative Negligence in Defective Productions Claims in Nixa, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to posit that you are responsible 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 awards you $100,000 but finds you were 30 percent at fault for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to avoid their responsibility to pay you for the harm they have caused. Your Nixa, MO defective products lawyer at Burger Law sees through that. 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 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 are injured playing catch with a power tool or other sharp object, 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 way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can considerably diminish 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 used the product while aware of a reasonable level of danger associated with the use. 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 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 took more doses of a medication than the labeling or your doctor suggested, 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 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 the defense can — and will — assert that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies implement a variety of tricks to try and lower your claim, but your Nixa, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations 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 get paid a moderate percentage of the compensation you are awarded, and you owe us nothing until you get the great compensation you deserve. Call Burger Law today at (314) 500-HURT for legal advocacy that parallels and eclipses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Nixa, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Nixa, MO. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in accident and fires, and lead to further injuries when the safety components to not function as they should. Common faulty automobile components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical systems
  • Wheels
  • Steering systems
  • Accelerators

Alternative vehicles like 4-wheelers can also cause harm, 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 Nixa, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Nixa, MO has seen be defective are:

  • Artificial joints that can lead to infections, instability, chronic soreness or frequent dislocations
  • Pacemakers, which can lead to infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on hard to reach areas which, when faulty, can lead to punctured organs, infections and internal burns
  • Blood clot filters that permit dislodged blood clots to slip into the lungs
  • Permanent birth control devices that can perforate organs, lead to pelvic pain, abnormal hemorrhaging and unwanted pregnancies

As the medical industry becomes more technologically advanced, the numbers 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 chief factor.

In 2017, the U.S. Health and Human Services Department reported that in the course of 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 faulty cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Nixa, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unneeded pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unimaginable pain and lifelong damage to potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was retained 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 Nixa, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must follow from manufacturing to sale. 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 market without an objective analysis of the potential drawbacks compared to the 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 Nixa, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Four thousand five hundred prescriptions 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 had your condition deteriorate because of careless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations liable. 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 see in Nixa, MO include:

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

Call Burger Law Now

Nixa, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Nixa, MO knows that being harmed by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Nixa and throughout Missouri receive the best possible compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to 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 Nixa, 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 Nixa, MO right away at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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