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Defective Products Lawyer in Oak Grove, MO.

Defective Products Lawyer in Oak Grove, MO. If you or someone you love sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Oak Grove, MO now at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Think of your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around technology, and/or use your iPhone at various times during the day. You may go 4-wheeling on the weekend. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of product that had to be designed, produced, packaged and sold. When there is a mistake in that process and a product becomes dangerous, it can have a devastating effect on on your life and lives of those you love in Oak Grove, MO. If tragedy struck you, you need the expert and committed legal services of Burger Law's defective products lawyer team to stand in your corner and deliver you the great financial recovery you deserve.

In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have won our clients in Oak Grove and throughout Missouri in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Oak Grove, MO immediately at (314) 500-HURT.

If you were hurt by a faulty product in Oak Grove, MO, find out how much your claim may be worth by using 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 Oak Grove, MO:

How Common Are Defective Products in Oak Grove, MO?

The Consumer Product Safety Commission states that hazardous products result in over 29 million injuries and 21,000 fatalities each year.

According to statistics 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 incredible destruction an unsafe product can cause.

If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Oak Grove, MO for empathetic, devoted and talented support and legal counsel.

How Defective Products Claims Work in Oak Grove, MO

According to Missouri Revised Statute §537.760, you and your Oak Grove, MO defective products lawyer can can hold a person or corporation accountable for your injuries if three conditions are true:

  1. The defendant was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a manner reasonably foreseen.
  3. One or both of the following:
    1. The product was in a defective condition that was unreasonably dangerous when the product was sold that was the proximate cause of your injuries, 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 "stream of commerce" 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 can avoid liability if:

  • The manufacturer is known, still exists and can afford to pay for the entirety of your damages.
  • The vendor signs an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
  • No other party in the case comes forward with evidence that the distributor was involved in any other part of the stream of commerce.
  • The dismissal is requested to the judge within 60 days.

If the aforementioned conditions are fulfilled, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they had a larger role in the engineering of the product than they led on, were otherwise responsible for the hazardous condition or the manufacturer cannot pay for the entirety of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation that they owe you.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense will only work for for inadequate warning product liability 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 Oak Grove, MO are won or lost based on the notion of negligence. We all have an responsibility 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 is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they might be found liable for your damages and would owe you compensation.

By contrast, most product liability or hazardous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is at fault for any damage that results the reasonable use of a product, 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 Oak Grove, 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 affects all of that product model that go on to be manufactured. An example is an improperly designed safeguard on a power tool.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes in the manufacturing process. This can either only make one product defective, 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. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about inherent risks. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer generally does not have to warn against dangers that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to hold corporations accountable and persuade them to implement exhaustive safety protocols for ensuring that their products will not put the people who use it at risk. Even so, too often companies are negligent 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 Oak Grove, MO will fight by your side and insist on only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Oak Grove, MO

An oft-used defense for manufacturers in a dangerous product claim is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to put forth the defense that you are liable for a portion of the fault and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a defendant makes to get out their obligation to pay you for the harm they have caused. Your Oak Grove, 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, while chairs are meant to be sat on, 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. On the other hand, 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, Someone in the chain of distribution will not be able to totally avoid liability but can considerably decrease it. Say 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 called as "Assumption of the risk," a principle in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
  • You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you adhered to proper protocols.
  • You failed to mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. 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 — argue that comparative fault applies to your injuries, that does not mean the claim is automatically true. Large corporations and insurance companies use a variety of tricks to try and minimize your claim, but your Oak Grove, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair 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 financial recovery you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal counsel that rivals and surpasses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Oak Grove, MO

Our defective products lawyer team sees in Oak Grove, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to accident and fires, and fail to protect occupants from harm as intended. Common faulty automobile parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Tires
  • Seats
  • Engine cooling fan blades

Alternative vehicles like 4-wheelers can also cause harm, for instance many of them are prone to flipping 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 Oak Grove, 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 complications when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Oak Grove, MO has seen cause further injuries to patients are:

  • Artificial hips, knees or other joints that can result in infections, instability, chronic soreness or recurring dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
  • Surgical robots intended to operate on hard to reach areas which, when they malfunction, can result in punctured organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control implements that can puncture organs, lead to pelvic pain, excessive blood loss and unwanted pregnancies

As the medical industry keeps inventing more and more advanced technologies, the numbers of recalls issued for medical devices has increased exponentially. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the major cause.

In 2017, the U.S. Health and Human Services Department reported that in the course of a decade Medicare spent at least $1.5 billion to replace over 73,000 faulty heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of helping us. If a flawed medical device ended up aggravating your condition, your Oak Grove, MO defective injuries lawyer at Burger Law will fight for your right to be compensated 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. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 people who had received the replacement joint. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint here:

View Complaint

Defective Drug Lawyer in Oak Grove, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must adhere to from manufacturing to sale. 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. With no absolute third-party testing many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line 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 Oak Grove, MO to stand up to these bullying corporations and make them realize that their conduct is deplorable.

Four thousand five hundred drugs 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 a loved one received injuries because of irresponsible pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer now. We fight hard to see justice served by winning you compensation and holding negligent corporations liable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other examples of defective products we see in Oak Grove, 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

Oak Grove, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Oak Grove, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Oak Grove and throughout Missouri be compensated 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 getting 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 Oak Grove, 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 Oak Grove, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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