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Defective Products Lawyer in Poplar Bluff, MO.

Defective Products Lawyer in Poplar Bluff, 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 Poplar Bluff, MO now at (314) 500-HURT or fill out our online form for a free 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 at in a chair or work around heavy equipment, and/or use your android at various times during the day. You may use lawnmowers on your days off. You may even have a prosthetic limb or other medical implant. 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 market. When there is an oversight in that process and a product becomes defective, it can cause severe harm to you and your Poplar Bluff, MO family. When that happens to you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the maximum compensation you deserve.

In our In our 30 years of experience fighting for fairness and justice, we have secured our clients in Poplar Bluff and throughout Missouri over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Poplar Bluff, MO now at (314) 500-HURT.

If you were injured by a dangerous product in Poplar Bluff, MO, discover 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 Poplar Bluff, MO:

How Common Are Defective Products in Poplar Bluff, MO?

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

Based on 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 incredible harm that can be caused when manufacturers and vendors do not follow proper safety measures.

If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Poplar Bluff, MO for empathetic, dedicated and expert support and legal representation.

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

According to Missouri Revised Statute §537.760, you and your Poplar Bluff, MO defective products lawyer can make a "strict liability" claim if three factors are true:

  1. The defendant was part of the product's stream of commerce.
  2. You used the product in a manner reasonably anticipated.
  3. Either or both of the following conditions:
    1. The product had a faulty condition that was unreasonably hazardous 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 "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can avoid liability if:

  • The manufacturer is known, still does business and is able to compensate you for all of your damages.
  • The distributor signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
  • No other party in the case puts forward evidence that the seller took part in any other aspect of the stream of commerce.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If those conditions are satisfied, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise at fault for the dangerous condition or the manufacturer cannot reimburse 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 at-fault party is held responsible.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be completely understood before use by the consumer. This defense will only work for for failure to warn defective products claims, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

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

Most personal injury cases in Poplar Bluff, MO are decided by the concept of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Poplar Bluff, MO patients with a standard of care. When someone fails in that responsibility, for example if if there a loose floor boards at a restaurant that cause you to fall they can be held accountable for your damages and would owe you a financial recovery.

By contrast, most product liability or dangerous products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is liable 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 Poplar Bluff, 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 defect 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 hazardous, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
  3. Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: 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 failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product generally does not have to warn against dangers 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 hold corporations accountable and persuade them to implement exhaustive safety procedures for verifying that their products will not put the people who use it at risk. However, too often corporations do not respect their obligation to make safe products and try to focus more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Poplar Bluff, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but complete compensation.

Comparative Negligence in Defective Productions Claims in Poplar Bluff, MO

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the concept of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to put forth the argument that you share a portion of the fault and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to get out their obligation to reimburse you for the harm they have caused. Your Poplar Bluff, 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 are relevant in your case:

  • You did not use the product in a way 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, 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. 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 happening.
  • You used the product in a way the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid liability but can considerably lower 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 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 theory in tort claims whereby, if the injured party was aware of risks, 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You failed to 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 power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you adhered to proper protocols.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty 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 you have no right to ask them for money they do not owe you.

Just because the defense can — and will — assert that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies use a variety of dishonest ruses to try and lower your claim, but your Poplar Bluff, 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 file a lawsuit before. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you are awarded, and you owe us nothing until we win your case. Call Burger Law right away at (314) 500-HURT for legal representation that parallels and exceeds that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Poplar Bluff, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Poplar Bluff, MO. 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 lead to further injuries when the safety components to not function as they should. Common faulty motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Door latches
  • Accelerators

Offroad vehicles like ATVs can also cause damage, 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 Poplar Bluff, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Poplar Bluff, MO has seen cause further injuries to patients include:

  • Artificial joints that can lead to infections, limited mobility, chronic soreness or recurring dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on hard to reach areas which, when defective, can result in pierced organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to travel up to the lungs
  • Permanent birth control devices that can puncture organs, result in pain in the pelvic region, excessive bleeding and unwanted pregnancies

As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the chief factor.

In 2017, the U.S. Health and Human Services Department found that over the span of a decade Medicare paid out at least $1.5 billion to replace more than 73,000 flawed heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of easing it. If a flawed medical device caused you damages, your Poplar Bluff, 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. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused incredible pain and lifelong damage to possibly as many as 150,000 patients who had received the replacement joint. 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 read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Poplar Bluff, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must obey from manufacturing to sale. However, the administration does not actually test drugs itself; rather, it relies on data from pharmaceutical companies' own testing to determine if a drug is safe for release to the public. With no absolute independent testing many drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies 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 Poplar Bluff, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Hundreds of thousands of drugs and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about received injuries because of reckless pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from their family too soon.

Other common dangerous products we file suit for in Poplar Bluff, MO include:

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

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Poplar Bluff, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Poplar Bluff, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Poplar Bluff and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on securing you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical toll your injury has taken on you and your Poplar Bluff, 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 Poplar Bluff, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.

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