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Defective Products Lawyer in Tipton, MO.

Defective Products Lawyer in Tipton, MO. If you or a family member was hurt by a dangerous product, call a Burger law defective products lawyer in Tipton, MO immediately at (314) 500-HURT or fill out our online form for a free case review.

Think of what you do every day: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around technology, and/or use your iPhone at various times during the day. You may use lawnmowers on your free days. You may even have a prosthetic limb 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 an oversight in the stream of commerce and a product becomes defective, it can have a devastating effect on on your life and lives of those you love in Tipton, MO. When that happens to you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the great compensation you are owed.

In our 30 years of negotiation, litigation and trial experience, we have gotten our clients in Tipton and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Tipton, MO now at (314) 500-HURT.

If you were harmed by a dangerous product in Tipton, 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 Tipton, MO:

How Common Are Defective Products in Tipton, MO?

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

Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme harm that can be caused when manufacturers and vendors do not follow the rules.

If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Tipton, MO for understanding, dedicated and talented support and legal advocacy.

How Defective Products Claims Work in Tipton, MO

According to Missouri Revised Statute §537.760, you and your Tipton, MO defective products lawyer can can hold a person or company accountable for your injuries if three conditions are true:

  1. The corporation was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a manner rationally expected.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or seller's 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 that took part in the product coming to fruiting and hitting the shelves, from initial design to sale, including a distributor or vendor. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may avoid liability if:

  • You discover who the manufacturer is, it still does business and can afford to compensate you 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.
  • There is no evidence is brought in front of the court that the seller was involved in any other aspect of the chain of distribution.
  • The dismissal is requested to the court no later than 60 days after the complaint is filed.

If the aforementioned conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they had a larger role in the engineering of the product than they intimated, were otherwise liable for the fault or the manufacturer is unable to pay for all of your injuries, 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 provides one defense for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only applicable to for inadequate warning product liability lawsuits, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury claims in Tipton, MO depend on the concept of negligence. We all owe each other a duty of care in certain situations; for example, Tipton, MO dog owners must always have control of their dog. When someone fails in that obligation, for instance if are injured by a fatigued truck driver they can be found accountable for your damages and would have to pay you compensation.

By contrast, 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 Tipton, 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 flaw in the design that subsequently affects all products with the same design. 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, 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 incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about inherent dangers. 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. 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 hold corporations accountable and persuade them to implement comprehensive safety protocols for ensuring that their products will not pose a danger to the public. Even so, too often companies do not value our safety and concentrate more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Tipton, MO will fight by your side and insist on only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Tipton, MO

An oft-used defense for manufacturers in a dangerous product case is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the defendants to argue that you share a portion of your damages and, therefore, they are not liable for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent liable for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a manufacturer makes to eschew their responsibility to reimburse you for the harm they have caused. Your Tipton, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative negligence if the following situations apply:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect the public to use it. For example, while chairs are meant to be sat on, standing on one to reach something is common. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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 reasonably foresee that happening.
  • You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably decrease it but can significantly decrease it. Say 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 referred to as "Assumption of the risk," a principle in tort claims wherein, if the injured party was aware of risks, 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 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 did not take necessary safety precautions. 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 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 followed recommended safety measures.
  • You failed to 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 seek compensation for medical treatment for injuries that have nothing to do with. 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 — assert 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 employ a lot of deceitful tactics to try and minimize your claim, but your Tipton, 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. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you are awarded, and we do not collect any attorney's fees until we win your case. Call Burger Law today at (314) 500-HURT for legal counsel that rivals and surpasses that of bullying manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Tipton, MO

Our defective products lawyer team sees in Tipton, MO sees more defective vehicles than any other product, both because of how many people use them 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 components. Defective car parts can lead to collisions and fires, and lead to further injuries when the safety components to not function as they should. Common faulty automobile components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wiring
  • Tires
  • Seats
  • Engine cooling fan blades

Offroad vehicles like ATVs can also cause injuries, for instance many of them are prone to flipping 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 Tipton, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Tipton, MO has seen cause further complications for patients are:

  • Artificial hips, knees or other joints that can result in infections, instability, chronic soreness or frequent dislocations
  • Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can result in punctured organs, infections and electrical burns
  • Blood clot filters that permit free-floating blood clots to invade the lungs
  • Permanent birth control implements that can puncture organs, cause pelvic pain, abnormal hemorrhaging and unwanted pregnancies

As the medical industry becomes more high-tech, medical device recalls have soared. In the first three months 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 stated that over 10 years Medicare paid out at least $1.5 billion to replace in excess of 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 improving our lives. If a flawed medical device caused you injuries, your Tipton, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.

In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused incredible pain and lifelong damage to possibly as many as 150,000 people who had received the replacement joint. When Burger Law was contacted 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 the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Tipton, MO

The Federal Drug Administration has firm protocols 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 shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people who need medicine and treatments that truly help their condition. 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 Tipton, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Four thousand five hundred drugs and medical devices are taken off the national market each year, 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 careless pharmaceutical companies and corporations, contact 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 they have caused. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

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

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

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Tipton, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Tipton, MO knows that when manufacturers and vendors 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 have devoted our lives to seeing the vulnerable in Tipton and throughout Missouri recover 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 bills and lost wages, as well as the mental and physical toll your injury has taken on you and your Tipton, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Tipton, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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