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Defective Products Lawyer in Richmond, MO.

Defective Products Lawyer in Richmond, MO. If you or a loved one was injured by a dangerous product, get in touch with a Burger law defective products lawyer in Richmond, MO right away at (314) 500-HURT or fill out our online form for a free case review.

Imagine what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around machines, and/or use your android on and off throughout the day. You may drive go-carts on your days off. You may even have a ankle replacement or other medical implant. It seems we're always using or surrounded by some sort of product that had to be designed, produced, shipped and purchased. When there is an error in the chain of distribution and a product becomes defective, it can have a catastrophic impact on on your life and lives of those you love in Richmond, MO. If tragedy struck you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and win you the full compensation you deserve.

In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Richmond and beyond over $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Richmond, MO today at (314) 500-HURT.

If you were harmed by a defective product in Richmond, MO, learn the true value of your claim by utilizing 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 Richmond, MO:

Richmond, MO Defective Products Statistics

The Consumer Product Safety Commission has found that faulty products account for in excess of 29 million injuries and 21,000 deaths each 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 incredible destruction that can be caused when manufacturers and vendors do not adhere to proper safety measures.

If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Richmond, MO for passionate, dedicated and expert support and legal representation.

How Defective Products Claims Work in Richmond, MO

Pursuant to Missouri Revised Statute §537.760, you and your Richmond, MO defective products lawyer can make a "strict liability" claim if three factors are met:

  1. The defendant was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a manner easily foreseen.
  3. Either or both of the following conditions:
    1. The product was in a faulty condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
    2. You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.

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 a distributor or vendor. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product may be dismissed from the case if:

  • You discover who the manufacturer is, it has not closed their business and can afford to reimburse you for all of your injuries.
  • The distributor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case comes forward with evidence that the distributor was involved in any other aspect of the chain of distribution.
  • The motion to dismiss is filed within 60 days.

If the above conditions are satisfied, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise to blame for the hazardous condition or the manufacturer is unable to pay for all of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held accountable.

Missouri Revised Statute §537.764 has an exception 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 was introduced to the public. This defense will only work for for inadequate warning defective products cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury suits in Richmond, MO depend on the conception of negligence. We all have an obligation to each other's safety in certain situations; for example, doctors must treat their Richmond, MO patients with a standard of care. When someone is negligent, for instance if are injured by a fatigued truck driver they can be found responsible for your damages and would have to pay you a financial recovery.

However, most product liability or dangerous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable for any damage that results 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 Richmond, 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 inherent defect in the design that afterwards passes the fault to 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: A product can be designed effectively and safely but still become dangerous because of a failure in the manufacturing process. This can either only make one product hazardous, 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 swing set with a cracked chain.
  3. Insufficient Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but rather 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 not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer generally 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 hold corporations accountable and persuade them to implement comprehensive safety protocols for verifying the safety of their products. However, too often corporations do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Richmond, MO will fight by your side and demand nothing but a full financial recovery.

Comparative Negligence in Defective Productions Claims in Richmond, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for those in the chain of distribution to put forth the defense that you are responsible for a portion of your injuries and, therefore, they are not obligated to reimburse you 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 the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt an entity involved in the chain of distribution makes to get out their obligation to pay you for the damage their product did to you. Your Richmond, 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 shoulder some or all of the fault if one or several of the following circumstances are present in your case:

  • 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. By contrast, 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 be expected to foresee that use of the product.
  • You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly decrease it but can significantly 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 called as "Assumption of the risk," a principle 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 say that any reasonable person would have known that they could be seriously hurt doing such a thing.
  • You neglected to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 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 financial recovery 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 manufacturer or seller can — and will — work hard to persuade a jury that comparative fault applies to your claim, that does not mean the claim is automatically true. Large corporations and insurance companies use numerous deceitful tactics to try and minimize your claim, but your Richmond, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies 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 we collect a moderate percentage of the financial recovery you are awarded, and you owe us nothing until we win your case. Call Burger Law immediately at (314) 500-HURT for legal counsel that rivals and surpasses that of bullying manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Richmond, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Richmond, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in collisions and fires, and fail to protect occupants from harm as intended. Common dangerous automobile components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Wheels
  • Door latches
  • Headlights and taillights

Offroad vehicles like ATVs can also cause injuries, 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 Richmond, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Richmond, MO has seen be defective include:

  • Artificial hips, knees or other joints that can result in infections, limited mobility, chronic soreness or recurring dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
  • Surgical robots intended to operate on hard to reach areas which, when they malfunction, can result in punctured organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can pierce organs, lead to pelvic pain, excessive bleeding and unwanted pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have gone up exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, mostly owing to problems with software.

In 2017, the U.S. Health and Human Services Department reported that over 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a faulty medical device caused you damages, your Richmond, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February 2022, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were built to and have caused incredible pain and permanent damage to potentially as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was contacted by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Richmond, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must adhere to 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 drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies 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 Richmond, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Four thousand five hundred prescriptions 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 a family member had your condition worsen because of reckless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer as soon as possible. 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 responsible when their negligence has taken someone from this world too soon.

Other examples of dangerous products we file suit for in Richmond, 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

Richmond, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Richmond, MO knows that being hurt by a dangerous 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 Richmond and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we immediately start working on getting you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Richmond, 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 Richmond, MO now at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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