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Defective Products Lawyer in Ray County, MO.

Defective Products Lawyer in Ray County, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Ray County, MO immediately at (314) 500-HURT or fill out our online form for a free consultation.

Picture what you do every day: 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 by a computer or work around heavy machinery, and/or use your android on and off throughout the day. You may go boating on the weekend. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was engineered, produced, shipped and sold. When there is an oversight in the chain of distribution and a product becomes hazardous, it can cause severe harm to you and your Ray County, MO family. When that happens to you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to stand by your side and deliver you the best possible compensation you are owed.

In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have secured our clients in Ray County and throughout Missouri more than $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Ray County, MO right away at (314) 500-HURT.

If you were harmed by a defective product in Ray County, MO, learn 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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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Ray County, MO:

Ray County, MO Defective Products Statistics

The Consumer Product Safety Commission has found that faulty products are responsible for in excess of 29 million injuries and 21,000 deaths every year.

According to 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 extreme harm that can be caused when manufacturers and vendors do not follow proper safety measures.

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

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

Under Missouri Revised Statute §537.760, you and your Ray County, MO defective products lawyer can can hold a person or company at fault for your damages if three conditions are met:

  1. The corporation was involved in the product's chain of distribution.
  2. You used the product in a way easily anticipated.
  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. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may avoid liability if:

  • The manufacturer is known, still exists and is able to reimburse you for all of your injuries.
  • The seller signs an affidavit under oath that their only involvement in the process was selling it.
  • No other party in the case presents evidence that the distributor was involved in any other facet of the chain of distribution.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the above conditions are fulfilled, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise at fault for the fault or the manufacturer is unable to reimburse you for all of the economic, physical and emotional loss you sustained, 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 accountable.

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 went to market. This defense is only applicable to for inadequate warning product liability cases, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury cases in Ray County, MO are decided by the notion of negligence. We all have an obligation to each other's safety in certain situations; for example, Ray County, MO dog owners must always have control of their dog. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they may be found responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or hazardous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is liable for any injuries that stems from the reasonable use of a product, 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 Ray 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 imperfection in the design that subsequently affects all of that product model that go on to be manufactured. 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 only make one product dangerous, 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 a swing set with a cracked chain.
  3. Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused harm 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. The company that makes a product typically does not have to warn against risks that a reasonable person would anticipate. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to encourage corporations to implement comprehensive safety procedures for guaranteeing the safety of their products. However, too often corporations do not value our safety and spend more energy on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Ray County, MO will fight on your behalf and insist on only the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Ray County, MO

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the defendants to put forth the defense that you share a portion of the fault and, therefore, they are not liable for your full financial recovery. 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, claims of comparative fault are an erroneous attempt a defendant makes to eschew their responsibility to reimburse you for the harm they have caused. Your Ray County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative fault if the following situations apply:

  • 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, 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 that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably lower it but can considerably 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 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 the injured party was aware of risks, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
  • 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 say that any reasonable person would have known that they could be seriously harmed doing such a thing.
  • You did not follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not followed recommended precautions.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. 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 the defense can — and will — try to convince the court that comparative negligence applies to your claim, that does not mean they will be successful. Powerful corporations and insurance companies use myriad deceitful tactics to try and lower your claim, but your Ray County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations 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 financial recovery you receive, and you do not pay us anything until we win your case. Call Burger Law now at (314) 500-HURT for legal representation that parallels and eclipses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Ray County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Ray County, 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 lead to crashes and fires, and fail to protect occupants from harm as intended. Common faulty motor vehicle components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical systems
  • Wheels
  • Steering systems
  • Headlights and taillights

Offroad vehicles like 4-wheelers can also cause harm, 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 Ray County, 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 not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Ray County, MO has seen cause further injuries to patients are:

  • Artificial hips, knees or other joints that can result in infections, limited mobility, pain or recurring dislocations
  • Pacemakers, which can lead to infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can result in perforated organs, infections and electrical burns
  • Blood clot filters that permit dislodged blood clots to slip into the lungs
  • Permanent birth control devices that can pierce organs, cause pain in the pelvic region, abnormal blood loss and unintended pregnancies

As the medical industry keeps inventing new technologies, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare paid out at least $1.5 billion to replace more than 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of improving our lives. If a faulty medical device ended up aggravating your condition, your Ray County, 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 unnecessary pain you experienced.

In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 patients 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 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 Ray County, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must obey 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 third-party testing many medications reach the market without an objective analysis of the potential drawbacks compared to the 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 Ray 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 that is often after many people have already turned to them for treatment and relief. If you or someone you care about sustained injuries because of careless 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 they have caused. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from their family too soon.

Other examples of defective products we see in Ray 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

Ray County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Ray County, MO knows that being hurt by a faulty product can completely upend your life. That is why we endeavor to see the injured in Ray County and throughout Missouri recover maximum compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on getting you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Ray 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 Ray County, MO today at (314) 500-HURT or contact us online to start on your journey to true healing.

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