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Defective Products Lawyer in Quincy, MO.

Defective Products Lawyer in Quincy, MO. If you or someone you care about sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Quincy, MO now at (314) 500-HURT or fill out our online form for a complimentary consultation.

Picture what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work in your car, sit by a computer or work around machines, and/or use your iPhone throughout the day. You may drive go-carts on your free days. 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 has gone through various stages of design and production before it reaches the shelves. When there is an oversight in the chain of distribution and a product becomes dangerous, it can have a ruinous impact on on your life and lives of those you love in Quincy, MO. When that happens to you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to stand in your corner and get you the full compensation you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in Quincy and beyond over $170 million. Talking to us is free, so there's no reason not to reach out. Get in touch with a defective products lawyer in Quincy, MO now at (314) 500-HURT.

If you were harmed by a defective product in Quincy, MO, see how much your claim may be worth by filling out 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 Quincy, MO:

How Common Are Defective Products in Quincy, MO?

The Consumer Product Safety Commission estimates that faulty products account for in excess of 29 million injuries and 21,000 deaths annually.

Based on facts 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 shows the unbelievable ruin that can be caused when manufacturers and distributors do not obey proper safety measures.

If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in Quincy, MO for compassionate, devoted and talented support and legal representation.

How Defective Products Claims Work in Quincy, MO

Under Missouri Revised Statute §537.760, you and your Quincy, MO defective products lawyer can file a "strict liability" suit if three conditions are met:

  1. The person was part of the product's stream of commerce.
  2. You used the product in a manner reasonably expected.
  3. One or both of the following:
    1. The product was in a faulty condition that was unreasonably dangerous when you bought the product 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 "chain of distribution" refers to anyone involved in the product from initial conception to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can be dismissed from the lawsuit if:

  • You discover who the manufacturer is, it has not closed their business and is financially capable of compensating you 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 brought in front of the court that the seller was involved in any other facet of the design and manufacturing process.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If those conditions are satisfied, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise liable for the fault or the manufacturer cannot reimburse you for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation you are owed.

Missouri Revised Statute §537.764 mentions a caveat 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 was introduced to the public. This defense is only applicable to for failure to warn 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 claims in Quincy, MO are based on the concept of negligence. We all have a civil duty to not recklessly cause injuries 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 is negligent, for instance if are injured by a fatigued truck driver they may be found liable for your damages and would have to pay you a financial recovery.

By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone in the chain of distribution is to blame 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 Quincy, 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 passes the fault to all of that product model that go on to be manufactured. An example is an improperly designed safeguard on a power tool.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either only make one product defective, 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 installing outdated components 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 Anticipated: 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 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. A manufacturer generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to hold corporations accountable and persuade them to implement exhaustive safety procedures for guaranteeing that their products will not put the people who use it at risk. Even so, too often companies do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Quincy, MO will fight on your behalf and demand nothing but a full financial recovery.

Comparative Negligence in Defective Productions Claims in Quincy, MO

An oft-used defense for manufacturers in a dangerous product case is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or seller to put forth the argument that you are liable for 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 at fault for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt a defendant makes to get out their duty to reimburse you for the harm they have caused. Your Quincy, MO defective products lawyer at Burger Law sees through that. 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 responsible for ensuring the product is safe for reasonable or predictable use. 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 be expected to foresee that happening.
  • 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 decrease it but can significantly reduce 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 referred to as "Assumption of the risk," a principle in tort claims wherein, 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 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 chain of distribution from liability. If you were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you followed proper protocols.
  • You did not mitigate your damages. 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 seek unnecessary medical treatment. 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 people in the chain of distribution can — and will — argue that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies implement myriad dishonest ruses to try and lower your claim, but your Quincy, MO defective products lawyer at Burger Law knows how to combat them. We know these companies will try everything to avoid paying you and try to take advantage of people who have never had to file a lawsuit before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you are awarded, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal counsel that matches and surpasses that of bullying manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Quincy, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Quincy, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in collisions and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous automobile components we see are:

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

Offroad vehicles like 4-wheelers can also cause damage, 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 Quincy, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us even more complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Quincy, MO has seen be defective are:

  • Artificial joints that can lead to infections, limited mobility, pain or recurring dislocations
  • Pacemakers, which can cause infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can result in punctured organs, infections and internal burns
  • Blood clot filters that allow free-floating blood clots to travel up to the lungs
  • Permanent birth control implements that can pierce organs, cause pain in the pelvic region, abnormal hemorrhaging and unplanned pregnancies

As the medical industry keeps inventing new technologies, medical device recalls have gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the chief cause.

In 2017, the U.S. Health and Human Services Department found that over a decade Medicare paid out at least $1.5 billion to replace over 73,000 flawed 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 damages, your Quincy, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 patients who had the replacement joint implanted. 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 view the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Quincy, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must adhere to 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 market. That means that many prescriptions reach the market 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 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 Quincy, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or a loved one sustained injuries because of careless pharmaceutical companies and corporations, reach out to 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from their family too soon.

Other common dangerous products we see in Quincy, 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

Quincy, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Quincy, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Quincy 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 bills and lost wages, in addition to the emotional and physical toll your injury has taken on you and your Quincy, 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 Quincy, MO immediately at (314) 500-HURT or contact us online to start on the path to a true recovery.

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