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Defective Products Lawyer in Shaw, MO.

Defective Products Lawyer in Shaw, MO. If you or someone you love was hurt by a dangerous product, call a Burger law defective products lawyer in Shaw, MO now at (314) 500-HURT or fill out our online form for a complimentary case review.

Picture your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your car, sit at in a chair or work around heavy machinery, and/or use your android at various times during the day. You may go boating on the weekend. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of product that at one point was designed, produced, packaged and sold. When there is a breakdown in the stream of commerce and a product becomes dangerous, it can cause serious injuries to you and your Shaw, MO family. If tragedy struck you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the great financial recovery you are owed.

In our In our 70 years of combined experience standing up for fairness and justice, we have delivered our clients in Shaw and beyond in excess of $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Shaw, MO today at (314) 500-HURT.

If you were injured by a dangerous product in Shaw, MO, discover how much your claim may be worth by using 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 useful links and FAQS from your Burger Law defective products injury lawyer in Shaw, MO:

Shaw, MO Defective Products Statistics

The Consumer Product Safety Commission states that defective products cause in excess of 29 million injuries and 21,000 deaths annually.

Based on statistics 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 devastation an unsafe product can cause.

If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Shaw, MO for passionate, committed and skilled support and legal advocacy.

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

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

  1. The defendant was involved in the product's chain of distribution.
  2. The product was used in a manner easily foreseen.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably hazardous when it left the manufacturer's or vendor's 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 design to purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can avoid liability if:

  • The manufacturer is known, still does business and is financially capable of compensating you for all of your damages.
  • The seller signs an affidavit under threat of perjury 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 took part in any other part of the stream of commerce.
  • The motion to dismiss is filed within 60 days.

If those conditions are satisfied, the distributor 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 had a larger role in the engineering of the product than they implied, were otherwise at fault for the defect 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 financial recovery that they owe you.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense is only valid for inadequate warning 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 lawsuits in Shaw, MO are won or lost based on the conception of negligence. We all have a civil duty to not recklessly cause harm 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 held responsible 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 to blame for any injuries a product causes, 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 Shaw, 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 afterwards affects all products with the same design. An example is an improperly designed safeguard on a power tool.
  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 hazardous, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be installing outdated components or leaving sharp edges on plastic or other materials.
  3. Failure to Warn of Known Dangers or Dangers 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 inherent risks. 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 obvious dangers. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement thorough safety procedures for ensuring the safety of their products. Even so, 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. In those cases, your Burger Law defective products lawyer in Shaw, MO will fight on your behalf and demand only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Shaw, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the principle of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for the defendants to posit that you share a portion of the fault and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt a defendant makes to get out their duty to pay you for the harm they have caused. Your Shaw, MO defective products lawyer at Burger Law will not let them get away with it. Under the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:

  • You did not use the product in a way 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. By contrast, if you use a loaded shotgun to prop a door open and it misfires, 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, Someone in the stream of commerce will not be able to completely avoid fault but can significantly diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car wreck. 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 a plaintiff knowingly enters into a dangerous activity, 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 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 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 would have been avoided had you followed proper protocols.
  • You did not mitigate your damages. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. 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 the manufacturer or distributor can — and will — try to convince the court that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ a lot of tricks to try and minimize your claim, but your Shaw, 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 get, and we do not collect any attorney's fees until we win your case. Call Burger Law now at (314) 500-HURT for legal advocacy that rivals and eclipses that of bullying manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Shaw, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Shaw, 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 result in crashes and fires, and fail to protect drivers and passengers from harm as intended. Common faulty motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wiring
  • Tires
  • Seats
  • Engine cooling fan blades

Alternative 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 Shaw, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Shaw, MO has seen be defective are:

  • Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or repeated dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants intended to operate on hard to reach areas which, when faulty, can cause perforated organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can puncture organs, result in pelvic pain, excessive blood loss and unintended pregnancies

As the medical industry keeps coming up with more and more advanced technologies, the amount of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly as a result of problems with software.

In 2017, the U.S. Health and Human Services Department reported that over a decade Medicare spent at least $1.5 billion to replace over 73,000 flawed heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a flawed medical device ended up aggravating your condition, your Shaw, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February of this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. 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 permanent damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was made aware of the defect 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 the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Shaw, MO

The Federal Drug Administration has stringent protocols 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 drugs 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 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 Shaw, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Hundreds of thousands of drugs and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer as soon as possible. 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 actions have taken someone from this world too soon.

Other examples of defective products we file suit for in Shaw, 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

Shaw, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Shaw, MO knows that being injured by a faulty product can completely upend your life. That is why we strive to see the vulnerable in Shaw and throughout Missouri receive 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 costs and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Shaw, MO family. We will stand by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Shaw, MO today at (314) 500-HURT or contact us online to start on the path to true healing.

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