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Defective Products Lawyer in Phelps County, MO.

Defective Products Lawyer in Phelps County, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Phelps County, MO immediately at (314) 500-HURT or fill out our online form for a free consultation.

Imagine 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 at in a chair or work around machines, and/or use your android at various times during the day. You may go 4-wheeling on your days off. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that at one point was designed, manufactured, packaged and bought. When there is a mistake in the stream of commerce and a product becomes dangerous, it can have a catastrophic impact on on your life and lives of those you love in Phelps County, MO. If tragedy struck you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and deliver you the full financial recovery you deserve.

In our In our three decades of experience fighting for fairness and justice, we have gotten our clients in Phelps County and throughout Missouri in excess of $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Phelps County, MO right away at (314) 500-HURT.

If you were hurt by a defective product in Phelps County, MO, see 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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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Phelps County, MO:

How Common Are Defective Products in Phelps County, MO?

The Consumer Product Safety Commission estimates that defective products account for in excess of 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 speaks to the incredible destruction an unsafe product can cause.

If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Phelps County, MO for compassionate, devoted and expert support and legal advocacy.

How Defective Products Claims Work in Phelps County, MO

Under Missouri Revised Statute §537.760, you and your Phelps County, MO defective products lawyer can can hold a person or corporation at fault for your injuries if three factors are true:

  1. The company was part of the product's chain of distribution.
  2. The product was used in a manner rationally foreseen.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably dangerous when the product was sold 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 dangerous condition.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may be dismissed from the case if:

  • You discover who the manufacturer is, it has not closed their business and is able to reimburse you for all of your injuries.
  • The entity that sold it signs an affidavit under oath that they had nothing to do with the product beyond selling it.
  • There is no evidence is presented to the court that the vendor took part in any other part of the chain of distribution.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they had a larger role in the production of the product than they led on, were otherwise responsible for the dangerous condition or the manufacturer is unable to reimburse you 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 claim and ensure you get the great compensation you are owed.

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 hit the shelves. This defense is only valid for failure to warn product liability cases, 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

The majority of personal injury cases in Phelps County, MO are decided by the concept of negligence. We all owe each other a duty of care 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 fails in that obligation, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found accountable for your damages and would owe you a financial recovery.

However, most product liability or hazardous products claims are strict liability claims, meaning that anyone in the chain of distribution is to blame for any injuries 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 Phelps 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 inherent imperfection 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: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either affect only one product, 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 bugs or other contaminants found in beverages or leaving sharp edges on plastic or other materials.
  3. Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about innate risks. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water 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 risks that a reasonable person would foresee. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement exhaustive safety procedures for ensuring the safety of their products. However, too often corporations do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Phelps County, MO will fight by your side and insist on only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Phelps County, MO

A common defense for manufacturers in a dangerous product claim is that you are at fault for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to argue that you are liable for a portion of your injuries 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 responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to get out their responsibility to pay you for the harm they have caused. Your Phelps County, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances 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 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 reduce it but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto accident. 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 theory 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. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you adhered to recommended precautions.
  • You failed to try to keep your damages to a minimum. 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 refuse to return to work when you are healthy enough to do so. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the chain of distribution can — and will — try to convince the court that comparative fault applies to your claim, that does not mean the claim is automatically true. Bullying corporations and insurance companies use myriad dishonest ruses to try and devalue your claim, but your Phelps County, MO defective products lawyer at Burger Law knows how to combat them. We know these companies are unfair 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 we get paid a moderate percentage of the financial recovery you receive, and you owe us nothing until we win your case. Get in touch with Burger Law right away at (314) 500-HURT for legal advocacy that parallels and exceeds that of resistant manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Phelps County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Phelps County, 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 accident and fires, and fail to protect occupants from harm as intended. Common dangerous motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Tires
  • Seats
  • Engine cooling fan blades

Alternative 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 Phelps County, 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 Phelps County, MO has seen be defective include:

  • Artificial hips, knees or other joints that can cause infections, limited mobility, pain or repeated dislocations
  • Pacemakers, which can result in infections or even wrongful death because of premature failures
  • Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can cause pierced organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can pierce organs, result in pelvic pain, excessive hemorrhaging and unintended pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the leading factor.

In 2017, the U.S. Health and Human Services Department reported that in the course of 10 years Medicare had to spend 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 faulty medical device ended up aggravating your condition, your Phelps County, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February 2022, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to degrade sooner than anticipated and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people 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 by clicking the link below:

View Complaint

Defective Drug Lawyer in Phelps County, MO

The Federal Drug Administration has strict 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 shelves. With no absolute independent testing many prescriptions 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 Phelps County, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.

Four thousand five hundred medications 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 family member sustained injuries because of reckless pharmaceutical companies and corporations, call 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 responsible when their actions have taken someone from their family too soon.

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

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

Call Burger Law Now

Phelps County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Phelps County, MO knows that being hurt by a faulty product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have pledged our lives to seeing the injured in Phelps County and throughout Missouri be compensated 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 delivering you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Phelps County, 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 Phelps County, MO now 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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