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Defective Products Lawyer in Osage County, MO.

Defective Products Lawyer in Osage County, MO. If you or someone you care about was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in Osage County, MO right away at (314) 500-HURT or fill out our online form for a free case review.

Picture your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit by a computer or work around technology, and/or use your android throughout the day. You may use lawnmowers on your free days. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be designed, manufactured, packaged and sold. When there is a breakdown in the stream of commerce and a product becomes dangerous, it can cause serious harm to you and your Osage County, MO family. When that happens to you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to stand by your side and deliver you the full compensation you deserve.

In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Osage County and throughout Missouri over $170 million. Our initial case reviews 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 Osage County, MO immediately at (314) 500-HURT.

If you were harmed by a defective product in Osage County, MO, find out how much your claim may be worth by using our free 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 useful links and FAQS from your Burger Law defective products injury lawyer in Osage County, MO:

How Common Are Defective Products in Osage County, MO?

The Consumer Product Safety Commission estimates that dangerous products account for in excess of 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 extreme destruction that can be caused when manufacturers and distributors do not obey adequate safety protocols.

If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Osage County, MO for passionate, dedicated and talented support and legal advocacy.

How Defective Products Claims Work in Osage County, MO

According to Missouri Revised Statute §537.760, you and your Osage County, MO defective products lawyer can file a "strict liability" suit if three factors are true:

  1. The corporation was part of the product's chain of distribution.
  2. You used the product in a way logically expected.
  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 distributor's that caused you direct harm, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to purchase, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the vendor or distributor of the product can avoid liability if:

  • You discover who the manufacturer is, it still does business and is able to reimburse you for the entirety of your damages.
  • The vendor makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
  • There is no evidence is submitted to the court that the distributor was involved in any other aspect of the chain of distribution.
  • The motion to dismiss is filed 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 intimated, were otherwise responsible for the dangerous condition or the manufacturer cannot pay for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation you deserve.

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 went to market. This defense is only valid for failure to warn defective products lawsuits, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury cases in Osage County, MO are decided by the conception of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, Osage County, MO dog owners must always have control of their dog. When someone fails in that obligation, for example if are injured by a fatigued truck driver they may be found accountable for your damages and would have to pay you compensation.

However, most product liability or defective products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is to blame for any injuries 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 Osage County, 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 defect in the design that afterwards passes the defect to all products with the same design. 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 dangerous because of mistakes in the manufacturing process. This can either only make one product hazardous, 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 installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: This refers to a product made it through design and production 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 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 dangers that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to encourage corporations to implement exhaustive safety procedures for verifying that their products will not put the people who use it at risk. However, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Osage County, MO will fight on your behalf and insist on only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Osage County, MO

An oft-used defense for manufacturers in a product liability lawsuit is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the defendants to argue that you are liable for a portion of the fault and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt an entity involved in the chain of distribution makes to get out their duty to pay you for the damage their product did to you. Your Osage County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative fault if the following situations apply:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor 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 be expected to foresee that happening.
  • You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to totally avoid liability but can significantly 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 risks of the product while you were using it. This is often referred to 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, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
  • 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 would have been avoided had you adhered to recommended safety measures.
  • 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 you have no right to ask them for money they do not owe you.

Just because the manufacturer or distributor can — and will — assert that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies implement a lot of deceitful tactics to try and lower your claim, but your Osage County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies 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 works on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you receive, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law now at (314) 500-HURT for legal representation that rivals and eclipses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Osage County, MO

Our defective products lawyer team sees in Osage County, 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 lead to collisions and fires, and fail to protect drivers and passengers from harm as intended. Common defective motor vehicle components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Tires
  • Door latches
  • Accelerators

Alternative vehicles like ATVs can also cause damage, 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 Osage County, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Osage County, MO has seen be defective include:

  • Artificial joints that can cause infections, limited mobility, chronic soreness or frequent dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can cause perforated organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control implements that can puncture organs, result in pain in the pelvic region, excessive blood loss and unplanned pregnancies

As the medical industry keeps coming up with more and more advanced technologies, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly because of defects in software.

In 2017, the U.S. Health and Human Services Department reported that over the span of a decade Medicare spent at least $1.5 billion to replace over 73,000 faulty cardiovascular devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Osage County, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced 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 lifelong damage to potentially as many as 150,000 patients 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 view our original complaint here:

View Complaint

Defective Drug Lawyer in Osage County, MO

The Federal Drug Administration has firm procedures for the testing, labeling, packaging and shipping of prescription drugs. 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. That means that many medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 Osage County, MO to stand up to these bullying corporations and let them know that their conduct is deplorable.

Hundreds of thousands of medications and medical devices are taken off the national market each year, 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 careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored 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 common defective products we collect compensation for our clients for in Osage County, MO include:

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

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Osage County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Osage County, MO knows that being hurt by a hazardous product can completely upend your daily routine, your family and even your present and future financial security. That is why we have pledged our careers to seeing the injured in Osage County and throughout Missouri get full compensation 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 securing you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Osage County, 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 Osage County, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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