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Defective Products Lawyer in Platte County, MO.

Defective Products Lawyer in Platte County, MO. If you or someone you love was injured by a dangerous product, call a Burger law defective products lawyer in Platte County, MO right away at (314) 500-HURT or fill out our online form for a free consultation.

Think of what your daily like looks like: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around heavy machinery, and/or use your android on and off throughout the day. You may use lawnmowers on your days off. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of technology that had to be designed, manufactured, packaged and bought. When there is an error in that process and a product becomes dangerous, it can have a devastating impact on on your life and lives of those you love in Platte County, MO. If tragedy struck you, you need the knowledgeable and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and deliver you the full financial recovery you are owed.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in Platte County and throughout Missouri in excess of $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 Platte County, MO immediately at (314) 500-HURT.

If you were harmed by a faulty product in Platte County, MO, learn the true value of your claim 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 Platte County, MO:

How Common Are Defective Products in Platte County, MO?

The Consumer Product Safety Commission has found that dangerous products cause more than 29 million injuries and 21,000 deaths each year.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable ruin an unsafe product can cause.

If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Platte County, MO for compassionate, dedicated and skilled support and legal representation.

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

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

  1. The defendant was part of the product's design, manufacture, distribution and sale.
  2. You used the product in a way logically foreseen.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, 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 "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 the person or entity you bought the product from. 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 lawsuit if:

  • The manufacturer is known, has not closed their business and is financially capable of compensating you for the entirety of your injuries.
  • The distributor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • No other party in the case comes forward with evidence that the vendor took part in any other part of the design and manufacturing process.
  • The dismissal is requested to the court no later than 60 days after the complaint is filed.

If those conditions are satisfied, 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 led on, were otherwise responsible for the dangerous condition or the manufacturer is unable to reimburse you for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery you are owed.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be fully understood before use by the public. This defense will only work for for failure to warn defective products lawsuits, 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 Platte County, MO depend on the notion of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, Platte County, MO dog owners must always have control of their dog. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they may be held responsible for your damages and would have to pay you compensation.

By contrast, most product liability or dangerous products cases are determined by strict liability, meaning that a designer, manufacturer or vendor is liable for any damage 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 Platte 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 fault in the design that afterwards affects all products with the same design. 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 a failure in the manufacturing process. This can either affect only one product, 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 incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
  3. Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about innate dangers. 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. A manufacturer typically 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 meant to hold corporations accountable and persuade them to implement thorough safety protocols for verifying the safety of their products. Even so, too often corporations do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Platte County, MO will hold them responsible by conducting a full investigation of your case and demanding only the best possible compensation.

Comparative Negligence in Defective Productions Claims in Platte County, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the theory of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to posit that you share 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 deceitful attempt a defendant makes to avoid their duty to reimburse you for the damage their product did to you. Your Platte County, MO defective products lawyer at Burger Law sees through that. According to 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, 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. On the other hand, 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 the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to entirely avoid liability but can considerably diminish 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 called as "Assumption of the risk," a theory 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 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You neglected to take necessary safety precautions. 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 power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not followed proper protocols.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 defense can — and will — work hard to persuade a jury that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies employ a variety of deceitful tactics to try and lower your claim, but your Platte County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you receive, and we do not collect any attorney's fees until we win your case. Call Burger Law now at (314) 500-HURT for legal counsel that parallels and surpasses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Platte County, MO

Our defective products lawyer team sees in Platte County, 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 individual cars and vehicle components were recalled in the United States. Defective car parts can cause accident and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Tires
  • Door latches
  • Headlights and taillights

Offroad vehicles like 4-wheelers can also cause harm, 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 County, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us further complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Platte County, MO has seen be defective are:

  • Artificial joints that can lead to infections, instability, pain or repeated dislocations
  • Cardiovascular devises, 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 they do not work properly, can result in punctured organs, infections and electrical burns
  • Blood clot filters that allow dislodged blood clots to invade the lungs
  • Permanent birth control implements that can perforate organs, result in pelvic pain, excessive hemorrhaging and unwanted pregnancies

As the medical industry keeps inventing more and more advanced technologies, the numbers of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly owing to issues with software.

In 2017, the U.S. Health and Human Services Department reported that throughout a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of helping us. If a faulty medical device caused you injuries, your Platte 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to deteriorate too quickly and have caused incredible pain and lifelong damage to possibly as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was retained 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 view our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Platte County, MO

The Federal Drug Administration has strict protocols 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 third-party testing many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than the safety of the people who need medicine and treatments that truly help their condition. 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 County, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Four thousand five hundred 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 someone you care about had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by winning you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from their family too soon.

Other common defective products we file suit for in Platte County, 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

Platte County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Platte County, MO knows that being injured 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 devoted our careers to seeing the vulnerable in Platte County and throughout Missouri be compensated 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 do not hesitate to start working on delivering you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Platte 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 Platte County, MO now at (314) 500-HURT or contact us online to start on the path to a true recovery.

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