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Defective Products Lawyer in St. Robert, MO.

Defective Products Lawyer in St. Robert, MO. If you or someone you care about was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in St. Robert, MO today at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Picture your daily routine: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around machines, and/or use your android at various times during the day. You may use lawnmowers on your days off. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was designed, produced, shipped and purchased. When there is a breakdown in the stream of commerce and a product becomes hazardous, it can have a ruinous impact on St. Robert, MO individuals and families. If tragedy struck you, you need the experienced and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and win you the great compensation you deserve.

In our three decades of negotiation, litigation and trial experience, we have secured our clients in St. Robert and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in St. Robert, MO right away at (314) 500-HURT.

If you were injured by a dangerous product in St. Robert, MO, discover the true value of your claim 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 helpful links and FAQS from your Burger Law defective products injury lawyer in St. Robert, MO:

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

The Consumer Product Safety Commission estimates that faulty products are responsible for more than 29 million injuries and 21,000 deaths every year.

According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the unbelievable harm 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 St. Robert, MO for compassionate, devoted and skilled support and legal counsel.

How Defective Products Claims Work in St. Robert, MO

Pursuant to Missouri Revised Statute §537.760, you and your St. Robert, MO defective products lawyer can can hold a person or company at fault for your injuries if three conditions are met:

  1. The defendant was part of the product's chain of distribution.
  2. The product was used in a way logically anticipated.
  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 hazardous 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 a distributor or seller. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can be dismissed from the claim if:

  • You discover who the manufacturer is, it has not closed their business and is able to pay for the entirety of your injuries.
  • The seller signs an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case submits evidence that the vendor was involved in any other aspect of the design and manufacturing process.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above conditions are fulfilled, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise responsible for the hazardous condition or the manufacturer is unable to reimburse you for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great compensation you are owed.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense will only work for for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.

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

The majority of personal injury lawsuits in St. Robert, MO are determined by the notion of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the St. Robert, MO roads. When someone fails in that obligation, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found responsible for your damages and would have to pay you a financial recovery.

By contrast, most product liability or dangerous products cases are strict liability claims, meaning that anyone in the chain of distribution is to blame for any damage that results 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 St. Robert, 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 innate imperfection in the design that subsequently passes the flaw 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: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either affect only one product, 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. Insufficient Warnings and Instructions: This refers to a product made it through design and production safely but caused injury because it did not give adequate instructions or warnings about innate 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 typically does not have to warn against dangers that a reasonable person would foresee. For instance, 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 protocols for ensuring that their products will not put the people who use it at risk. However, too often companies are negligent and try to focus more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in St. Robert, MO will hold them responsible by conducting a full investigation of your case and demanding only maximum compensation.

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

A common defense for manufacturers in a defective products claim is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to posit that you are responsible for a portion of your damages and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to avoid their obligation to reimburse you for the damage their product did to you. Your St. Robert, MO defective products lawyer at Burger Law will not let them get away with it. 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, 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 reasonably foresee that happening.
  • You used the product in a manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to entirely avoid fault but can significantly lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car 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 risks of the product while you were using it. This is often called as "Assumption of the risk," a concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
  • You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
  • You failed to take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you adhered to recommended safety measures.
  • You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the financial recovery 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 — work hard to persuade a jury that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies implement a lot of dishonest ruses to try and lower your claim, but your St. Robert, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the compensation you get, and you do not pay us anything until we win your case. Reach out to Burger Law now at (314) 500-HURT for legal representation that parallels and surpasses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in St. Robert, MO

Our defective products lawyer team sees in St. Robert, 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, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous car parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical systems
  • Tires
  • Door latches
  • Engine cooling fan blades

Offroad vehicles like ATVs can also cause harm, 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 St. Robert, 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 St. Robert, MO has seen cause further injuries to patients are:

  • Artificial joints that can lead to infections, instability, chronic soreness or repeated dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
  • Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can result in perforated 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, result in pain in the pelvic region, excessive hemorrhaging and unintended pregnancies

As the medical industry keeps implementing 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 because of issues with software.

In 2017, the U.S. Health and Human Services Department announced that over a decade Medicare had to spend at least $1.5 billion to replace more than 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of helping us. If a defective medical device ended up worsening your condition, your St. Robert, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly 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 possibly as many as 150,000 patients who had the replacement joint implanted. 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 view our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in St. Robert, MO

The Federal Drug Administration has firm procedures for the testing, labeling, packaging and shipping of prescription drugs. 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 independent testing many drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies put profit 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 St. Robert, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or a loved one had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer now. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. 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 St. Robert, MO include:

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

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St. Robert, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in St. Robert, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in St. Robert and throughout Missouri collect the best possible 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 delivering you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your St. Robert, 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 St. Robert, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.

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