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Defective Products Lawyer in Platte City, MO.

Defective Products Lawyer in Platte City, MO. If you or a loved one was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Platte City, MO immediately at (314) 500-HURT or fill out our online form for a free consultation.

Imagine your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on your bike, sit by a computer or work around machines, and/or use your android at various times during the day. You may drive go-carts on the weekend. You may even have a prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the shelves. When there is a mistake in the chain of distribution and a product becomes dangerous, it can have a disastrous effect on Platte City, MO individuals and families. If tragedy struck you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and win you the maximum compensation you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have delivered our clients in Platte City and beyond 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 Platte City, MO now at (314) 500-HURT.

If you were injured by a dangerous product in Platte City, MO, see the true value of your case by using 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 helpful links and FAQS from your Burger Law defective products injury lawyer in Platte City, MO:

Platte City, MO Defective Products Statistics

The Consumer Product Safety Commission states that hazardous products cause more than 29 million injuries and 21,000 fatalities every year.

Based on facts from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the incredible devastation that can be caused when manufacturers and vendors do not follow the rules.

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

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

Pursuant to Missouri Revised Statute §537.760, you and your Platte City, MO defective products lawyer can make a "strict liability" claim if three factors are met:

  1. The corporation was part of the product's chain of distribution.
  2. The product was used in a manner logically foreseen.
  3. One or both of the following:
    1. The product had a faulty condition that was unreasonably dangerous when you bought the product that caused you direct harm, 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 involved in the product from initial design to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product may avoid liability if:

  • The manufacturer is known, has not closed their business and can afford to compensate you for the entirety of your injuries.
  • The seller makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case puts forward evidence that the seller was involved in any other part of the chain of distribution.
  • The dismissal is requested to the court within 60 days.

If those conditions are met, the seller 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 liable for the defect or the manufacturer is unable to pay for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every at-fault party is held responsible.

Missouri Revised Statute §537.764 has an exception 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 will only work for for inadequate warning product liability lawsuits, 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 Platte City, MO are determined by the conception of negligence. We all have a civil duty to not recklessly cause harm 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 fails in that responsibility, for instance if if you are misdiagnosed because of substandard medical attention they may be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or dangerous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is responsible for any injuries a product causes, 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 Platte City, 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 defect in the design that afterwards 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 a failure 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather 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 not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer typically does not have to warn against risks 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 incentivize corporations to implement comprehensive safety procedures for ensuring the safety of their products. Even so, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Platte City, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Platte City, MO

An oft-used defense for manufacturers in a dangerous product claim is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the defendants to posit that you are responsible for a portion of the fault and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for your injuries, you will only receive $70,000. Often, claims of comparative fault are a disingenuous attempt an entity involved in the stream of commerce makes to get out their obligation to pay you for the damage their product did to you. Your Platte City, MO defective products lawyer at Burger Law will not let them get away with it. 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 distributor is only has to make a product safe for ways that they can expect a consumer to use it. For example, while chairs are meant to be sat on, standing on one to reach something is common. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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, Someone in the stream of commerce will not be able to completely avoid fault but can considerably reduce it. Say 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 used the product while aware of a reasonable level of danger associated with the use. This is often referred to as "Assumption of the risk," a concept in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
  • You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. 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 would have been avoided had you followed recommended precautions.
  • You failed to mitigate your damages. 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 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 the defense can — and will — assert that comparative fault applies to your case, that does not mean they will be successful. Large corporations and insurance companies implement a lot of tricks to try and minimize your claim, but your Platte City, MO defective products lawyer at Burger Law knows how to combat them. We know these companies 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. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you are awarded, and you owe us nothing until we win your case. Get in touch with Burger Law today at (314) 500-HURT for legal representation that rivals and surpasses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Platte City, MO

Our defective products lawyer team sees in Platte City, 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, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common faulty automobile components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Wheels
  • Steering systems
  • Headlights and taillights

Offroad 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 Platte City, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us further injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Platte City, MO has seen be defective are:

  • Artificial joints that can result in infections, limited mobility, chronic soreness or recurring dislocations
  • Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots intended to operate on hard to reach areas which, when faulty, can cause pierced organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to invade the lungs
  • Permanent birth control implements that can pierce organs, lead to pain in the pelvic region, excessive blood loss and unintended pregnancies

As the medical industry keeps inventing more and more advanced technologies, medical device recalls have soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly owing to problems with software.

In 2017, the U.S. Health and Human Services Department stated that over the span of 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of helping us. If a faulty medical device ended up worsening your condition, your Platte City, 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 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 incredible pain and permanent damage to possibly 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 Platte City, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must follow 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 shelves. With no absolute third-party testing many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Platte City, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

Hundreds of thousands of prescriptions 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 loved one received injuries because of reckless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer now. 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 peace for the wrongful death of their loved one.

Other examples of defective products we see in Platte City, MO include:

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

Call Burger Law Now

Platte City, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Platte City, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we endeavor to see the vulnerable in Platte City and throughout Missouri get full 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 costs and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Platte City, MO family. We will stand by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Platte City, MO immediately at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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