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Defective Products Lawyer in Oakville, MO.

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

Imagine what your daily like looks like: 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 heavy machinery, and/or use your android throughout the day. You may drive go-carts on your days off. You may even have a ankle replacement or other medical device. 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 a mistake in the stream of commerce and a product becomes defective, it can have a catastrophic impact on on your life and lives of those you love in Oakville, MO. If tragedy struck you, you need the skilled and dedicated legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the great compensation you deserve.

In our In our 30 years of experience fighting for the rights of the injured and vulnerable, we have gotten our clients in Oakville and beyond over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Oakville, MO today at (314) 500-HURT.

If you were hurt by a dangerous product in Oakville, MO, see the true value of your claim by using our complimentary personal injury calculator.



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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Oakville, MO:

How Common Are Defective Products in Oakville, MO?

The Consumer Product Safety Commission has found that hazardous products account for over 29 million injuries and 21,000 deaths annually.

According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the incredible destruction that can be caused when manufacturers and vendors do not adhere to proper safety measures.

If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Oakville, MO for empathetic, dedicated and knowledgeable support and legal advocacy.

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

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

  1. The defendant was involved in the product's stream of commerce.
  2. The product was used in a way reasonably foreseen.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or seller's 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 "stream of commerce" refers to anyone involved in the product from initial conception to sale, 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 can avoid liability if:

  • The manufacturer is known, has not closed their business and is financially capable of paying you for all of your injuries.
  • The seller signs an affidavit under oath that their only involvement in the stream of commerce was selling it.
  • No other party in the case presents evidence that the seller was involved in any other facet of the design and manufacturing process.
  • The dismissal is requested to the judge within 60 days.

If those conditions are satisfied, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they led on, were otherwise to blame for the fault or the manufacturer is unable to compensate you 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 that every liable party is held accountable.

Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense will only work for for inadequate warning product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury lawsuits in Oakville, MO are decided by the notion of negligence. We all have an obligation to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they can be held accountable for your damages and would owe you a financial recovery.

By contrast, most product liability or hazardous products claims come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is accountable for any damage 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 Oakville, 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 innate fault in the design that subsequently passes the fault to all products with the same design. 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 a failure 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 using the wrong kind of screws or bolts.
  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 hazard 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically 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 intended to hold corporations accountable and persuade them to implement thorough safety protocols for guaranteeing the safety of their products. However, too often corporations are negligent and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Oakville, MO will fight by your side and insist on nothing but a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Oakville, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to put forth the defense that you are liable for a portion of the fault and, therefore, they are not liable 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 an erroneous attempt an entity involved in the stream of commerce makes to eschew their duty to reimburse you for the harm they have caused. Your Oakville, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may say 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 responsible for ensuring the product is safe for reasonable or predictable use. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. On the other hand, 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 reasonably foresee that use of the product.
  • You used the product in a manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to completely avoid liability but can significantly diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car crash. 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 whereby, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
  • 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 would have been avoided had you adhered to recommended precautions.
  • You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. 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 the claim is automatically true. Powerful corporations and insurance companies employ a variety of dishonest ruses to try and devalue your claim, but your Oakville, MO defective products lawyer at Burger Law knows how to effectively counterattack. 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. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Get in touch with Burger Law right away at (314) 500-HURT for legal counsel that parallels and eclipses that of resistant manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Oakville, MO

Our defective products lawyer team sees in Oakville, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common defective car components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Wheels
  • Steering systems
  • Accelerators

Offroad 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 Oakville, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us further complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Oakville, MO has seen be defective include:

  • Artificial joints that can lead to infections, instability, chronic soreness or repeated dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
  • Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can cause pierced organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control devices that can perforate organs, lead to pelvic pain, excessive hemorrhaging and unintended pregnancies

As the medical industry keeps inventing new technologies, the numbers of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, mostly due to issues with software.

In 2017, the U.S. Health and Human Services Department announced that throughout 10 years Medicare paid out at least $1.5 billion to replace over 73,000 flawed heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a flawed medical device caused you injuries, your Oakville, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. 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 unthinkable pain and permanent damage to possibly as many as 150,000 patients 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 the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Oakville, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must obey from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many medications 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 who need medicine and treatments that are truly effective. 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 Oakville, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Hundreds of thousands of medications 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 love received injuries because of irresponsible pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer immediately. 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 held opioid manufacturers accountable when their selfishness has taken someone from this world too soon.

Other examples of defective products we see in Oakville, 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

Oakville, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Oakville, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your life. That is why we endeavor to see the vulnerable in Oakville 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, as well as the emotional and physical hardships your injury has taken on you and your Oakville, 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 Oakville, MO today at (314) 500-HURT or contact us online to take the first step toward true healing.

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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!”

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