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Defective Products Lawyer in Pulaski County, MO.

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

Picture what you do every day: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may go boating on the weekend. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of product that had to be engineered, produced, shipped and sold. When there is a mistake in the stream of commerce and a product becomes defective, it can cause serious injuries to you and your Pulaski County, MO family. When that happens to you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the best possible financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have secured our clients in Pulaski County and beyond in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Pulaski County, MO immediately at (314) 500-HURT.

If you were hurt by a defective product in Pulaski County, MO, see how much your claim may be worth 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 useful links and FAQS from your Burger Law defective products injury lawyer in Pulaski County, MO:

Pulaski County, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that dangerous products result in over 29 million injuries and 21,000 deaths every year.

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

If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Pulaski County, MO for understanding, dedicated and expert support and legal representation.

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

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

  1. The company was part of the product's design, manufacture, distribution and sale.
  2. The product was used in a manner reasonably foreseen.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or distributor's that was the proximate cause of your injuries, and/or
    2. You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.

The "chain of distribution" refers to anyone involved in the product from initial design to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the suit if:

  • The manufacturer is known, still exists and can afford to pay for all of your injuries.
  • The entity that sold it makes an affidavit under oath that their only involvement in the process was selling it.
  • There is no evidence is presented to the court that the distributor took part in any other aspect of the chain of distribution.
  • The motion to dismiss is filed within 60 days.

If those conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise liable for the defect or the manufacturer is unable to pay for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation you deserve.

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 hit the shelves. This defense is only valid for inadequate warning product liability claims, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury suits in Pulaski County, MO are determined by the notion 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 responsibility, for instance if sustain an injury because you were hit by a distracted driver they can be found accountable for your damages and would owe you compensation.

However, most product liability or hazardous products cases come down to strict liability, meaning that a designer, manufacturer or vendor is to blame for any injuries that results 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 Pulaski 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 flaw in the design that afterwards affects all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
  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, 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 a tainted batch of something intended for drinking containing a poisonous substance.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused injury because it did not give adequate instructions or warnings about inherent risks. 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 risks. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to encourage corporations to implement exhaustive safety procedures for ensuring the safety of their products. Even so, too often companies are negligent and try to focus more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Pulaski County, MO will hold them responsible by conducting a full investigation of your case and insisting on only maximum compensation.

Comparative Negligence in Defective Productions Claims in Pulaski County, MO

A common defense for manufacturers in a dangerous product claim is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce to argue that you are liable for a portion of your damages and, therefore, they are not required to compensate you for 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 to blame for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to get out their responsibility to reimburse you for the damage their product did to you. Your Pulaski County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According to the statute, the defense may say you bear some or all of the fault if one or several of the following circumstances apply:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor 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 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, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can considerably reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. A pharmaceutical company could reasonably see 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 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 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 take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling 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 obeyed 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 unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because the manufacturer or vendor can — and will — work hard to persuade a jury that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies employ myriad tricks to try and lower your claim, but your Pulaski County, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the financial recovery you receive, and you owe us nothing until we win your case. Reach out to Burger Law now at (314) 500-HURT for legal representation that parallels and exceeds that of bullying manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Pulaski County, MO

Our defective products lawyer team sees in Pulaski 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, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous car parts we see are:

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

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 Pulaski County, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Pulaski County, MO has seen cause further complications for patients include:

  • Artificial hips, knees or other joints that can cause infections, limited mobility, chronic soreness or repeated dislocations
  • Pacemakers, which can result in infections or even wrongful death because of premature failures
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can lead to perforated organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control implements that can puncture organs, cause pain in the pelvic region, excessive bleeding and unplanned pregnancies

As the medical industry keeps implementing new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly because of problems with software.

In 2017, the U.S. Health and Human Services Department stated that throughout a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a flawed medical device ended up aggravating your condition, your Pulaski County, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused unimaginable 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 made aware of the defect by a client, we immediately filed suit on their behalf 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 Pulaski County, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must obey from manufacturing to delivery. 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. That means that many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line 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 Pulaski County, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Four thousand five hundred drugs and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, call 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 common dangerous products we collect compensation for our clients for in Pulaski County, MO include:

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

Call Burger Law Now

Pulaski County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Pulaski County, MO knows that being hurt by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Pulaski 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 securing 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 Pulaski County, MO family. We will fight 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 Pulaski County, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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