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Defective Products Lawyer in Peculiar, MO.

Defective Products Lawyer in Peculiar, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Peculiar, MO now at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Think of what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around heavy equipment, and/or use your android on and off throughout the day. You may use lawnmowers on your free days. You may even have a prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of product that at one point was engineered, manufactured, shipped and purchased. When there is a mistake in the chain of distribution and a product becomes dangerous, it can have a devastating effect on on your life and lives of those you love in Peculiar, MO. If tragedy struck you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the maximum financial recovery you deserve.

In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Peculiar 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 Peculiar, MO today at (314) 500-HURT.

If you were harmed by a dangerous product in Peculiar, 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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Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Peculiar, MO:

How Common Are Defective Products in Peculiar, MO?

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

According to 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 speaks to the extreme ruin that can be caused when manufacturers and distributors do not adhere to the rules.

If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Peculiar, MO for understanding, committed and talented support and legal counsel.

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

According to Missouri Revised Statute §537.760, you and your Peculiar, MO defective products lawyer can file a "strict liability" suit if three conditions are met:

  1. The corporation was involved in the product's design, manufacture, distribution and sale.
  2. The product was used in a manner easily expected.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably hazardous when you bought the product that caused you direct harm, and/or
    2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone involved in the product from initial conception to sale, including a distributor or vendor. According to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling 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 injuries.
  • The vendor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
  • No other party in the case comes forward with evidence that the distributor was involved in any other facet of the chain of distribution.
  • The motion to dismiss is filed within 60 days.

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 shows that they had a larger role in the production of the product than they intimated, were otherwise responsible for the defect or the manufacturer is unable to compensate you for all of the economic, physical and emotional hardships 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 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 is only applicable to for inadequate warning product liability cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury cases in Peculiar, MO are determined by the idea of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they might be held accountable for your damages and would have to pay you a financial recovery.

By contrast, most product liability or defective products cases are determined by strict liability, 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, 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 Peculiar, 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 inherent flaw in the design that subsequently affects all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
  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 defective, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. An example could be installing outdated components or not properly fastening components to each other.
  3. Inadequate Warnings and Instructions: 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 come about from normal use of the product. 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 generally does not have to warn against dangers that a reasonable person would anticipate. 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 procedures for verifying the safety of their products. Even so, too often corporations are negligent and try to focus more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Peculiar, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but complete compensation.

Comparative Negligence in Defective Productions Claims in Peculiar, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to argue that you share a portion of your injuries and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent at fault for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt an entity involved in the chain of distribution makes to avoid their obligation to pay you for the damage their product did to you. Your Peculiar, 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 negligence 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 the public 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 manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably lower it but can considerably decrease 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 referred to as "Assumption of the risk," a concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 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 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 were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not followed recommended safety measures.
  • You did not mitigate your damages. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 people in the stream of commerce can — and will — assert that comparative fault applies to your case, that does not mean they will be successful. Large corporations and insurance companies use a lot of tricks to try and lower your claim, but your Peculiar, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies are unfair and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you collect, and you owe us nothing until you get the great compensation you deserve. Call Burger Law immediately at (314) 500-HURT for legal representation that rivals and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Peculiar, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Peculiar, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause accident and fires, and fail to protect occupants from harm as intended. Common defective automobile components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Wheels
  • Seats
  • Accelerators

Alternative vehicles like ATVs can also cause injuries, for instance many of them are prone to flipping 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 Peculiar, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Peculiar, MO has seen cause further complications for patients are:

  • Artificial joints that can cause infections, instability, pain or repeated dislocations
  • Pacemakers, which can lead to infections or even wrongful death when they do not last as long as expected
  • Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to perforated organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to slip into the lungs
  • Permanent birth control implements that can puncture organs, lead to pelvic pain, excessive hemorrhaging and unplanned pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly owing to issues with software.

In 2017, the U.S. Health and Human Services Department found that in the course of a decade Medicare spent at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Peculiar, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements deteriorate too quickly and have caused unimaginable pain and permanent damage to potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was contacted 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 the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Peculiar, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must adhere to 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 market. That means that many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Peculiar, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.

Four thousand five hundred prescriptions and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or a loved one had your condition deteriorate because of reckless pharmaceutical companies and corporations, reach out to 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 has been inflicted because of their actions. Burger Law has already successfully filed suits 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 file suit for in Peculiar, 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

Peculiar, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Peculiar, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we have devoted our lives to seeing the injured in Peculiar and throughout Missouri get great compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on securing you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical hardships your injury has taken on you and your Peculiar, MO family. We will stand 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 Peculiar, MO today at (314) 500-HURT or contact us online to take the first step toward true healing.

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