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Defective Products Lawyer in St. Joseph, MO.

Defective Products Lawyer in St. Joseph, MO. If you or someone you love sustained an injury because of a dangerous product, call a Burger law defective products lawyer in St. Joseph, MO right away at (314) 500-HURT or fill out our online form for a complimentary 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 a bus, sit by a computer or work around machines, and/or use your iPhone throughout the day. You may drive go-carts on your days off. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of technology 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 hazardous, it can have a catastrophic impact on St. Joseph, MO individuals and families. When that happens to you, you need the expert and committed legal representation of Burger Law's defective products lawyer team to stand in your corner and deliver you the great compensation you deserve.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in St. Joseph and throughout Missouri in excess of $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in St. Joseph, MO right away at (314) 500-HURT.

If you were injured by a defective product in St. Joseph, MO, learn the true value of your case by filling out 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 helpful links and FAQS from your Burger Law defective products injury lawyer in St. Joseph, MO:

How Common Are Defective Products in St. Joseph, MO?

The Consumer Product Safety Commission has found that defective products account for more than 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 shows the extreme ruin an unsafe product can cause.

If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in St. Joseph, MO for empathetic, committed and skilled support and legal representation.

What is the Process for Defective Products Claims in St. Joseph, MO?

According to Missouri Revised Statute §537.760, you and your St. Joseph, MO defective products lawyer can can hold a person or corporation accountable for your damages if three conditions are true:

  1. The company was involved in the product's stream of commerce.
  2. You used the product in a way reasonably foreseen.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably dangerous when you bought the product that was the proximate cause of your injuries, 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 involved in the product from initial conception to sale, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the suit if:

  • You discover who the manufacturer is, it has not closed their business and is financially capable of paying you for the entirety of your injuries.
  • The entity that sold it makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is submitted to the court that the seller took part in any other facet of the stream of commerce.
  • The dismissal is requested to the court within 60 days.

If those conditions are satisfied, the distributor 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 engineering of the product, were otherwise responsible for the defect 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 have them re-entered into the lawsuit and ensure that every liable party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be completely understood before use by the public. This defense is only valid for failure to warn product liability cases, and the burden of proof is on the defense.

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

The majority of personal injury claims in St. Joseph, MO are won or lost based on the idea of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they may be found accountable for your damages and would have to pay you a financial recovery.

However, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable for any damage 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 St. Joseph, 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 came into your possession.

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 flaw in the design that subsequently affects all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
  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 defective, 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 installing outdated 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 innate dangers. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product generally does not have to warn against dangers that a reasonable person would anticipate. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to encourage corporations to implement thorough safety procedures for verifying the safety of their products. However, too often companies do not value our safety and try to focus more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in St. Joseph, MO will hold them responsible by conducting a full investigation of your case and insisting on only the best possible compensation.

Comparative Negligence in Defective Productions Claims in St. Joseph, MO

Manufacturers, vendors and anyone else in the stream of commerce will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to argue that you are liable for a portion of your injuries 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 to blame for your injuries, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to get out their responsibility to pay you for the damage their product did to you. Your St. Joseph, MO defective products lawyer at Burger Law will not let them get away with it. 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 relevant in your case:

  • You did not use the product in a manner 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. 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 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 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 knew of inherent hazards of the product while you were using it. This is often called as "Assumption of the risk," a theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 say that any reasonable person would have known that they could be seriously harmed doing such a thing.
  • You failed to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution 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 adhered to proper protocols.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies use a lot of deceitful tactics to try and lower your claim, but your St. Joseph, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense and try to take advantage of people who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you collect, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal representation that rivals and surpasses that of resistant manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in St. Joseph, MO

Our defective products lawyer team sees in St. Joseph, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not function as they should. Common defective car parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Tires
  • Door latches
  • Accelerators

Offroad vehicles like ATVs can also cause harm, 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 St. Joseph, MO

Medical devices are meant 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 they are defective. Examples of medical devices that your Burger Law defective products lawyer in St. Joseph, 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
  • Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on hard to reach areas which, when they do not work properly, can result in pierced organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control implements that can puncture organs, cause pelvic pain, abnormal blood loss and unintended pregnancies

As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has gone up exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly because of problems with software.

In 2017, the U.S. Health and Human Services Department announced that in the course of 10 years Medicare paid out at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up aggravating your condition, your St. Joseph, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.

In February of this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements deteriorate too quickly and have caused incredible pain and permanent damage to potentially as many as 150,000 people who had received the replacement joint. 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 link below:

View Complaint

Defective Drug Lawyer in St. Joseph, MO

The Federal Drug Administration has strict procedures for the testing, labeling, packaging and shipping of prescription drugs. 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 drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 St. Joseph, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.

Four thousand five hundred drugs and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you care about had your condition deteriorate because of careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from this world too soon.

Other common dangerous products we collect compensation for our clients for in St. Joseph, MO include:

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

Call Burger Law Now

St. Joseph, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in St. Joseph, MO knows that being harmed by a hazardous product can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in St. Joseph 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 do not hesitate to start working on getting you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your St. Joseph, MO family. We will fight 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 St. Joseph, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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