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Defective Products Lawyer in Parkville, MO.

Defective Products Lawyer in Parkville, MO. If you or someone you love was harmed by a dangerous product, reach out to a Burger law defective products lawyer in Parkville, MO today at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Picture 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 on your bike, sit by a computer or work around heavy machinery, and/or use your cell phone on and off throughout the day. You may go boating on your free days. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that had to be designed, produced, packaged and bought. When there is a breakdown in the stream of commerce and a product becomes defective, it can have a catastrophic effect on on your life and lives of those you love in Parkville, MO. When that happens to you, you need the skilled and committed legal services of Burger Law's defective products lawyer team to stand by your side and secure you the best possible financial recovery you deserve.

In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Parkville and throughout Missouri more than $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Parkville, MO right away at (314) 500-HURT.

If you were hurt by a dangerous product in Parkville, MO, see how much your claim may be worth by filling out 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 useful links and FAQS from your Burger Law defective products injury lawyer in Parkville, MO:

How Common Are Defective Products in Parkville, MO?

The Consumer Product Safety Commission states that defective products account for in excess of 29 million injuries and 21,000 fatalities each year.

According to facts 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 speaks to the incredible harm an unsafe product can cause.

If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in Parkville, MO for understanding, committed and experienced support and legal advocacy.

How Defective Products Claims Work in Parkville, MO

Under Missouri Revised Statute §537.760, you and your Parkville, MO defective products lawyer can can hold a person or corporation to blame for your damages if three conditions are met:

  1. The person was involved in the product's chain of distribution.
  2. You used the product in a manner easily expected.
  3. Either or both of the following conditions:
    1. The product had a faulty condition that was unreasonably dangerous when the product was sold and your injuries are a direct result of that defect, and/or
    2. Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.

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 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 may avoid liability if:

  • You discover who the manufacturer is, it still does business and is financially capable of paying you for all of your injuries.
  • The entity that sold it signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
  • No other party in the case submits evidence that the distributor took part 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 met, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they implied, were otherwise responsible for the dangerous condition or the manufacturer is unable to 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 you get the great compensation you are owed.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be entirely understood before use by the public. This defense will only work for for inadequate warning defective products claims, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

Most personal injury lawsuits in Parkville, MO are decided by the idea 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 are injured by a fatigued truck driver they might be found accountable for your damages and would have to pay you compensation.

By contrast, most product liability or hazardous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is responsible 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 Parkville, 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 you acquired it.

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 subsequently passes the fault to all of that product model that go on to be manufactured. 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 hazardous because of mistakes in the manufacturing process. This can either only make one product defective, 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 using the wrong kind of screws or bolts.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: This occurs when the product was not hazardous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could arise from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product generally does not have to warn against obvious dangers. 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 guaranteeing that their products will not pose a danger to the public. However, too often companies do not respect their obligation to make safe products 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 Parkville, MO will fight on your behalf and demand nothing but a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Parkville, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to argue that you share a portion of your damages and, therefore, they are not obligated to reimburse 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 to blame for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt an entity involved in the stream of commerce makes to avoid their duty to reimburse you for the damage their product did to you. Your Parkville, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances are relevant in your case:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. 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 use a loaded rifle to prop a door open and it misfires, 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 manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to totally avoid fault but can significantly lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto collision. 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, 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 injured 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 recommended safety measures.
  • You failed to mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the financial recovery you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 manufacturer or seller can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies employ numerous dishonest ruses to try and lower your claim, but your Parkville, 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 have never had to make an injury claim before. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you get, and you owe us nothing until we win your case. Call Burger Law now at (314) 500-HURT for legal counsel that rivals and eclipses that of bullying manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Parkville, MO

Our defective products lawyer team sees in Parkville, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to collisions and fires, and lead to further injuries when the safety components to not work as they should. Common defective car components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Tires
  • Door latches
  • Engine cooling fan blades

Alternative vehicles like 4-wheelers can also cause damage, 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 Parkville, 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 not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Parkville, MO has seen cause further complications for patients are:

  • Artificial joints that can cause 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 designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can cause perforated organs, infections and internal burns
  • Blood clot filters that allow free-floating blood clots to travel up to the lungs
  • Permanent birth control implements that can perforate organs, result in pelvic pain, excessive bleeding and unwanted pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the major factor.

In 2017, the U.S. Health and Human Services Department stated that throughout 10 years Medicare paid out at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a defective medical device ended up worsening your condition, your Parkville, 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, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly 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 patients who had received the replacement joint. 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 continue to take on Exactech Knee Replacement cases. You can read our original complaint here:

View Complaint

Defective Drug Lawyer in Parkville, MO

The Federal Drug Administration has stringent 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 drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people they are supposed to be helping. 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 Parkville, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Four thousand five hundred drugs and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or a family member had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, get in touch with 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 actions have taken someone from this world too soon.

Other common dangerous products we collect compensation for our clients for in Parkville, MO include:

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

Call Burger Law Now

Parkville, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Parkville, MO knows that being hurt by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Parkville and throughout Missouri recover great 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 immediately start working on delivering you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Parkville, 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 Parkville, MO right away 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!”

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