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Defective Products Lawyer in Rolla, MO.

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

Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on your bike, sit by a computer or work around machines, and/or use your cell phone 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 market. When there is a mistake in that process and a product becomes defective, it can have a devastating impact on on your life and lives of those you love in Rolla, MO. If tragedy struck you, you need the expert and devoted legal representation of Burger Law's defective products lawyer team to fight on your behalf and deliver you the maximum financial recovery you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have delivered our clients in Rolla and throughout Missouri more than $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 Rolla, MO right away at (314) 500-HURT.

If you were harmed by a defective product in Rolla, MO, learn the true value of your case by filling out 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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Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Rolla, MO:

Rolla, MO Defective Products Statistics

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

Based on statistics 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 shows the incredible harm that can be caused when manufacturers and vendors do not follow adequate safety protocols.

If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Rolla, MO for empathetic, dedicated and knowledgeable support and legal representation.

How Defective Products Claims Work in Rolla, MO

Under Missouri Revised Statute §537.760, you and your Rolla, MO defective products lawyer can can hold a person or corporation liable for your damages if three factors are met:

  1. The defendant was part of the product's stream of commerce.
  2. The product was used in a way easily expected.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably dangerous when the product was sold 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 that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including a distributor or seller. Under Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the lawsuit if:

  • The manufacturer is known, still does business and is able to pay for all of your damages.
  • The seller makes an affidavit under threat of perjury that their only involvement in the process was selling it.
  • No other party in the case puts forward evidence 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 satisfied, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise at fault for the dangerous condition or the manufacturer is unable to compensate you for all 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 that they owe you.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be entirely understood before use by the public. This defense is only valid for inadequate warning product liability cases, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

Most personal injury suits in Rolla, MO are based on the conception of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that obligation, for example if sustain an injury because you were hit by a distracted driver they might be held liable for your damages and would owe you a financial recovery.

By contrast, most product liability or dangerous products cases are determined by strict liability, meaning that anyone in the chain of distribution is responsible for any injuries 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 Rolla, 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 you acquired it.

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 passes the defect to all products with the same design. 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 dangerous, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous 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 Risks or Risks That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about innate 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 generally does not have to warn against risks that a reasonable person would foresee. For example, 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 the safety of their products. However, too often companies do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Rolla, MO will fight by your side and insist on only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Rolla, MO

Manufacturers, sellers 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 allows for the defendants to argue that you are responsible for a portion of the fault and, therefore, they do not have to pay you 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 responsible for the accident, you will only receive $70,000. Often, claims of comparative fault are a disingenuous attempt a manufacturer makes to eschew their responsibility to pay you for the harm they have caused. Your Rolla, 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 are present in your case:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or seller is only has to make a product safe for ways that they can expect a consumer to use it. 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. By contrast, 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 reasonably foresee that use of the product.
  • You used the product in a manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to totally avoid liability 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 crash. A pharmaceutical company could reasonably see 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 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 you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
  • 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • 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 using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you obeyed recommended precautions.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 — try to convince the court that comparative negligence applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use myriad deceitful tactics to try and minimize your claim, but your Rolla, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations will try everything to avoid paying you 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 we collect a moderate percentage of the compensation you collect, and you owe us nothing until we win your case. Reach out to Burger Law right away at (314) 500-HURT for legal counsel that matches and exceeds that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Rolla, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Rolla, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause crashes and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Wheels
  • Steering systems
  • Accelerators

Offroad vehicles like 4-wheelers 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 Rolla, MO

We need 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 Rolla, MO has seen be defective are:

  • Artificial hips, knees or other joints that can cause infections, instability, chronic soreness or repeated dislocations
  • Pacemakers, which can lead to 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 faulty, 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 devices that can pierce organs, result in pelvic pain, excessive bleeding and unintended pregnancies

As the medical industry keeps inventing more and more advanced technologies, medical device recalls have soared. In the first quarter 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 announced that over a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you damages, your Rolla, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February of this year, Exactech, a manufacturer of joint replacements, had 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 intended to and have caused unimaginable pain and permanent 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 got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Rolla, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must adhere to from manufacturing to sale. 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. With no absolute third-party testing many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the 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, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Rolla, 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 recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member received injuries because of reckless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer now. We fight hard to see justice served by winning you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from this world too soon.

Other examples of dangerous products we collect compensation for our clients for in Rolla, MO include:

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

Call Burger Law Now

Rolla, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Rolla, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we strive to see the vulnerable in Rolla 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 immediately start working on securing you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Rolla, 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 Rolla, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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