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Defective Products Lawyer in Old Jamestown, MO.

Defective Products Lawyer in Old Jamestown, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Old Jamestown, MO right away at (314) 500-HURT or fill out our online form for a free case evaluation.

Think of what you do every day: You may have a skincare routine or put on some hair gel 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 cell phone throughout the day. You may go boating 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 technology that had to be engineered, produced, packaged and bought. When there is a breakdown in the chain of distribution and a product becomes hazardous, it can cause serious injuries to you and your Old Jamestown, MO family. When that happens to you, you need the expert and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the maximum financial recovery you deserve.

In our In our 70 years of combined experience standing up for the rights of the injured and vulnerable, we have won our clients in Old Jamestown and throughout Missouri more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Old Jamestown, MO now at (314) 500-HURT.

If you were hurt by a dangerous product in Old Jamestown, MO, learn the true value of your case by using our complimentary personal injury calculator.



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St. Louis, MO 63102

Phone: (314) 500-HURT

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Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Old Jamestown, MO:

How Common Are Defective Products in Old Jamestown, MO?

The Consumer Product Safety Commission states that faulty products cause more than 29 million injuries and 21,000 deaths each 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 unbelievable harm that can be caused when manufacturers and distributors do not follow proper safety measures.

If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Old Jamestown, MO for compassionate, dedicated and knowledgeable support and legal advocacy.

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

According to Missouri Revised Statute §537.760, you and your Old Jamestown, MO defective products lawyer can can hold a person or corporation liable for your injuries if three factors are met:

  1. The company was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a way easily anticipated.
  3. Either or both of the following conditions:
    1. The product was in a faulty condition that was unreasonably hazardous when it left the manufacturer's or vendor's and your injuries are a direct result of that defect, 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 "chain of distribution" refers to anyone involved in the product from initial design to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can avoid liability if:

  • The manufacturer is known, has not closed their business and is financially capable of paying you for the entirety of your injuries.
  • The vendor signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
  • No other party in the case comes forward with evidence that the vendor was involved in any other aspect of the design and manufacturing process.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned 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 proves that they were actually involved in the engineering of the product, were otherwise liable for the dangerous condition or the manufacturer is unable to reimburse you 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 that every liable party is held responsible.

Missouri Revised Statute §537.764 mentions a caveat 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 went to market. This defense is only valid 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 dangerous condition.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury suits in Old Jamestown, MO are based on the conception of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Old Jamestown, MO patients with a standard of care. When someone fails in that duty, for instance if are injured by a fatigued truck driver they might be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or hazardous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is at fault for any injuries that stems from 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 Old Jamestown, 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 imperfection in the design that subsequently passes the imperfection to 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: This refers to a product that was safe in its design but became unsafe because of mistakes 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 bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Insufficient Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about innate dangers. 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. The company that makes a product typically does not have to warn against obvious dangers. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety protocols for verifying the safety of their products. Even so, 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 Old Jamestown, MO will fight on your behalf and insist on only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Old Jamestown, MO

Manufacturers, vendors 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 permits for those in the stream of commerce to argue that you are responsible for a portion of your damages and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt a defendant makes to eschew their duty to pay you for the damage their product did to you. Your Old Jamestown, 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 seller is only has to make a product safe for ways that they can expect a consumer 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 are injured playing catch with a power tool or other sharp object, 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 way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably lower it but can significantly reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle crash. A pharmaceutical company could reasonably see 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 the injured party was aware of risks, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
  • 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You did not 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 are your fault because you had not obeyed proper protocols.
  • You failed to 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 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 — try to convince the court that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies employ myriad deceitful tactics to try and lower your claim, but your Old Jamestown, 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 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 financial recovery you collect, 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 representation that matches and eclipses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Old Jamestown, MO

Our defective products lawyer team sees in Old Jamestown, 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, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause crashes and fires, and fail to protect drivers and passengers from harm as intended. Common defective car parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wiring
  • Tires
  • Steering systems
  • Engine cooling fan blades

Offroad vehicles like 4-wheelers can also cause harm, for instance many of them are prone 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 Old Jamestown, 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 not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Old Jamestown, MO has seen be defective are:

  • Artificial hips, knees or other joints that can cause infections, limited mobility, chronic soreness or frequent dislocations
  • Pacemakers, which can lead to infections or even wrongful death when they do not last as long as expected
  • Surgical robots intended to operate on hard to reach areas which, when faulty, can result in perforated organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control devices that can puncture organs, lead to pain in the pelvic region, abnormal blood loss and unplanned pregnancies

As the medical industry keeps inventing new technologies, the amount 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 number one factor.

In 2017, the U.S. Health and Human Services Department found that in the course of a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a defective medical device caused you injuries, your Old Jamestown, 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, 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 potentially as many as 150,000 patients 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 read the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Old Jamestown, MO

The Federal Drug Administration has firm procedures 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 whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than the safety of the people who need medicine and treatments that truly help their condition. 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 Old Jamestown, MO to stand up to these bullying corporations and let them know that their behavior is unacceptable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. 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 reckless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by securing you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from their family too soon.

Other common defective products we collect compensation for our clients for in Old Jamestown, MO include:

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

Call Burger Law Now

Old Jamestown, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Old Jamestown, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Old Jamestown and throughout Missouri receive the best possible compensation for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we do not hesitate to start working on getting you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your Old Jamestown, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Old Jamestown, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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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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