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Defective Products Lawyer in Odessa, MO.

Defective Products Lawyer in Odessa, MO. If you or a loved one was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Odessa, MO immediately at (314) 500-HURT or fill out our online form for a free case evaluation.

Imagine your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around machines, and/or use your android at various times during the day. You may drive go-carts 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 market. When there is a mistake in the chain of distribution and a product becomes hazardous, it can cause serious harm to you and your Odessa, MO family. When that happens to you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to stand in your corner and win you the full compensation you deserve.

In our three decades of negotiation, litigation and trial experience, we have gotten our clients in Odessa and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Odessa, MO immediately at (314) 500-HURT.

If you were hurt by a dangerous product in Odessa, MO, learn how much your claim may be worth by utilizing 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 Odessa, MO:

Odessa, MO Defective Products Statistics

The Consumer Product Safety Commission has found that dangerous products result in more than 29 million injuries and 21,000 deaths each year.

Based on statistics 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 incredible destruction that can be caused when manufacturers and vendors do not follow adequate safety protocols.

If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Odessa, MO for understanding, devoted and experienced support and legal representation.

How Defective Products Claims Work in Odessa, MO

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

  1. The defendant was involved in the product's stream of commerce.
  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 you bought the product and your injuries are a direct result of that defect, 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 that took part in the product coming to fruiting and going to the market, from initial conception to sale, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can avoid liability if:

  • You discover who the manufacturer is, it has not closed their business and is able to reimburse you for the entirety of your damages.
  • The vendor signs an affidavit under oath that their only involvement in the stream of commerce was selling it.
  • No other party in the case puts forward evidence that the vendor was involved in any other part of the chain of distribution.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If those conditions are satisfied, the distributor 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 design and manufacture of the product than they led on, were otherwise liable for the fault or the manufacturer cannot pay for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense is only applicable to for inadequate warning product liability lawsuits, 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 lawsuits in Odessa, MO are based on the conception of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, doctors must treat their Odessa, MO patients with a standard of care. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or dangerous products claims come down to strict liability, meaning that a designer, manufacturer or vendor is liable 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 Odessa, 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 innate fault in the design that afterwards affects all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
  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, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This occurs when the product was not dangerous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger 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 generally does not have to warn against risks that a reasonable person would anticipate. For example, 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 thorough safety procedures for ensuring the safety of their products. Even so, too often companies do not value our safety and spend more energy on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Odessa, 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 Odessa, MO

A common 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 allows for those in the stream of commerce to put forth the argument that you are liable for a portion of your injuries 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 responsible for the accident, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt a manufacturer makes to avoid their obligation to reimburse you for the damage their product did to you. Your Odessa, MO defective products lawyer at Burger Law will not let them get away with it. According to 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 distributor is only has to make a product safe for ways that they can expect the public to use it. For example, while chairs are meant for sitting, 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. By contrast, if you use a loaded rifle to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably 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 significantly decrease it but can considerably lower 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 principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 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 harmed doing such a thing.
  • You neglected to follow safety guidelines. 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 obeyed proper protocols.
  • You failed to 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 the manufacturer or vendor can — and will — assert that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies employ myriad deceitful tactics to try and devalue your claim, but your Odessa, 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 have never had to make an injury claim before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you collect, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal advocacy that rivals and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Odessa, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Odessa, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and fail to protect occupants from harm as intended. Common defective car parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical systems
  • Tires
  • Door latches
  • Headlights and taillights

Offroad vehicles like ATVs can also cause injuries, 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 Odessa, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Odessa, MO has seen be defective are:

  • Artificial joints that can lead to infections, limited mobility, chronic soreness or recurring dislocations
  • Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in 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 pain in the pelvic region, excessive hemorrhaging and unwanted pregnancies

As the medical industry becomes more high-tech, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department reported that in the course of 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of easing it. If a faulty medical device caused you damages, your Odessa, 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was made aware of the defect by a client, we immediately got to work bringing them what peace of mind we could 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 Odessa, MO

The Federal Drug Administration has stringent 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 drugs reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations 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 Odessa, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.

Four thousand five hundred medications 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 family member received injuries because of irresponsible pharmaceutical companies and manufacturers, 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 held opioid manufacturers responsible when their negligence has taken someone from this world too soon.

Other common dangerous products we see in Odessa, MO include:

  • Children's toys
  • Chemicals such as cleaning products
  • Baby powder
  • Household appliances
  • Industrial equipment
  • Cell phone batteries
  • Beauty products

Call Burger Law Now

Odessa, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Odessa, 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 have devoted our lives to seeing the vulnerable in Odessa 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 costs and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Odessa, 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 Odessa, MO right away at (314) 500-HURT or contact us online to start on your journey to 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!”

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