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Defective Products Lawyer in Randolph County, MO.

Defective Products Lawyer in Randolph County, 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 Randolph County, MO immediately at (314) 500-HURT or fill out our online form for a free case evaluation.

Picture what you do every day: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around machines, and/or use your iPhone at various times during the day. You may go boating on your free days. 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 has gone through various stages of design and production before it reaches the buyer. When there is a mistake in the stream of commerce and a product becomes defective, it can cause serious injuries to you and your Randolph County, MO family. If tragedy struck you, you need the accomplished and devoted legal representation of Burger Law's defective products lawyer team to fight on your behalf and deliver you the best possible financial recovery you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Randolph County and beyond more than $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Randolph County, MO immediately at (314) 500-HURT.

If you were injured by a faulty product in Randolph 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 helpful links and FAQS from your Burger Law defective products injury lawyer in Randolph County, MO:

Randolph County, MO Defective Products Statistics

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

According to data 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 speaks to the unbelievable harm that can be caused when manufacturers and distributors do not follow adequate safety protocols.

If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Randolph County, MO for empathetic, committed and talented support and legal advocacy.

How Defective Products Claims Work in Randolph County, MO

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

  1. The corporation was involved in the product's design, manufacture, distribution and sale.
  2. The product was used in a way easily foreseen.
  3. Either or both of the following conditions:
    1. The product had a faulty condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "chain of distribution" refers to anyone involved in the product from initial design to purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product can avoid liability if:

  • The manufacturer is known, has not closed their business and is able to reimburse you for all of your injuries.
  • The seller signs an affidavit under threat of perjury that their only involvement in the process was selling it.
  • There is no evidence is brought in front of the court that the vendor took part in any other aspect of the design and manufacturing process.
  • The dismissal is requested to the judge within 60 days.

If the aforementioned conditions are satisfied, the seller 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 responsible for the fault or the manufacturer is unable to compensate you 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 that every to-blame party is held responsible.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense is only applicable to for failure to warn product liability claims, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury suits in Randolph County, MO depend on the conception of negligence. We all have a civil duty to not carelessly 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 might be found liable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or defective products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is at fault 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 Randolph 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 — at the moment that it got into your hands.

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 imperfection in the design that subsequently passes the fault to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
  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 not properly fastening components to each other.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: This refers to a product that was designed and manufactured safely but caused harm because it did not give adequate instructions or warnings about inherent dangers. 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. The company that makes a product generally does not have to warn against risks that a reasonable person would foresee. 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 comprehensive safety procedures for verifying the safety of their products. Even so, too often companies do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Randolph County, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in Randolph County, MO

A common defense for manufacturers in a dangerous product case is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to put forth the defense that you share a portion of your damages and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to avoid their responsibility to pay you for the harm they have caused. Your Randolph County, 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 way the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. 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 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 way that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to entirely avoid liability but can significantly decrease 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 principle in tort claims wherein, 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
  • You failed to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce 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 are your fault because you had not obeyed proper protocols.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 you will definitely be blamed for part of the accident. Large corporations and insurance companies implement a lot of tricks to try and devalue your claim, but your Randolph 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. 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 collect, and you owe us nothing until we win your case. Call Burger Law today at (314) 500-HURT for legal advocacy that matches and surpasses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Randolph County, MO

Our defective products lawyer team sees in Randolph County, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause crashes and fires, and lead to further injuries when the safety components to not work as they should. Common faulty automobile parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Tires
  • Door latches
  • Accelerators

Offroad vehicles like 4-wheelers can also cause damage, for instance many of them are prone 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 Randolph County, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Randolph County, MO has seen be defective are:

  • Artificial hips, knees or other joints that can cause infections, limited mobility, chronic soreness or frequent dislocations
  • Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can result in pierced organs, infections and electrical burns
  • Blood clot filters that allow dislodged blood clots to invade the lungs
  • Permanent birth control implements that can puncture organs, cause pelvic pain, abnormal hemorrhaging and unintended pregnancies

As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the foremost cause.

In 2017, the U.S. Health and Human Services Department reported that over 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of easing it. If a flawed medical device ended up worsening your condition, your Randolph County, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, 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 degrade too quickly and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. 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 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 button below:

View Complaint

Defective Drug Lawyer in Randolph County, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must adhere to from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. With no absolute independent testing many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the 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, 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 Randolph County, MO to stand up to these bullying corporations and let them know that their conduct is deplorable.

Hundreds of thousands of 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 love sustained injuries because of careless pharmaceutical companies and corporations, 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 won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other examples of defective products we see in Randolph County, MO include:

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

Call Burger Law Now

Randolph County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Randolph County, MO knows that when manufacturers and sellers 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 endeavor to see the injured in Randolph County and throughout Missouri receive fair compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on wining you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Randolph County, MO family. We will stand by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Randolph County, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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