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Defective Products Lawyer in Union, MO.

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

Imagine 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 at in a chair or work around machines, and/or use your iPhone at various times during the day. You may use lawnmowers on your days off. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was designed, produced, shipped and bought. When there is an oversight in the stream of commerce and a product becomes defective, it can have a ruinous impact on on your life and lives of those you love in Union, MO. If tragedy struck you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to fight on your behalf and deliver you the best possible compensation you deserve.

In our In our 70 years of combined experience fighting for fairness and justice, we have secured our clients in Union and beyond more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Union, MO now at (314) 500-HURT.

If you were hurt by a faulty product in Union, MO, find out the true value of your case by utilizing 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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Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Union, MO:

How Common Are Defective Products in Union, MO?

The Consumer Product Safety Commission states that faulty products account for more than 29 million injuries and 21,000 deaths annually.

Based on statistics 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 shows the unbelievable ruin an unsafe product can cause.

If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Union, MO for compassionate, devoted and skilled support and legal counsel.

How Defective Products Claims Work in Union, MO

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

  1. The company was part of the product's stream of commerce.
  2. You used the product in a way logically foreseen.
  3. Either or both of the following conditions:
    1. The product was in a faulty condition that was unreasonably hazardous 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 "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to sale, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the suit if:

  • You discover who the manufacturer is, it has not closed their business and is financially capable of compensating you for the entirety of your injuries.
  • The distributor makes an affidavit under oath that their only involvement in the stream of commerce was selling it.
  • There is no evidence is brought in front of the court that the vendor took part in any other aspect of the chain of distribution.
  • The dismissal is requested to the court within 60 days.

If the aforementioned conditions are met, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise at fault for the defect or the manufacturer cannot pay 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 claim and ensure you get the great financial recovery you are owed.

Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product went to market. This defense is only applicable to for failure to warn product liability claims, 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 claims in Union, MO are determined by the idea 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 is negligent, for instance if if you are misdiagnosed because of substandard medical attention they can be found liable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or hazardous products claims come down to strict liability, meaning that a designer, manufacturer or vendor is at fault for any damage 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 Union, 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 subsequently passes the defect 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 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 using the wrong kind of screws or bolts.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. 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 typically does not have to warn against risks that a reasonable person would anticipate. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to encourage corporations to implement exhaustive safety protocols for ensuring that their products will not pose a danger to the public. Even so, too often corporations do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Union, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but full compensation.

Comparative Negligence in Defective Productions Claims in Union, MO

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for those in the chain of distribution to posit that you are responsible for a portion of your damages and, therefore, they are not obligated to reimburse you for 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 disingenuous attempt a manufacturer makes to get out their responsibility to reimburse you for the damage their product did to you. Your Union, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may say you bear some or all of the fault if one or several of the following circumstances apply:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect a consumer to use it. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. 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 the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid fault but can considerably decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car accident. 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 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 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 hurt doing such a thing.
  • You did not follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not obeyed proper protocols.
  • You failed to 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 people in the chain of distribution can — and will — assert that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ myriad tricks to try and devalue your claim, but your Union, MO defective products lawyer at Burger Law knows how to fight back against 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 you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal advocacy that rivals and exceeds that of bullying manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Union, MO

Our defective products lawyer team sees in Union, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause crashes and fires, and lead to further injuries when the safety components to not work as they should. Common defective car parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wires
  • Tires
  • Seats
  • Headlights and taillights

Alternative vehicles like 4-wheelers 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 Union, 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 injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Union, MO has seen cause further injuries to patients are:

  • Artificial joints that can cause infections, instability, pain or recurring dislocations
  • Pacemakers, which can result in infections or even wrongful death because of premature failures
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can lead to punctured organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control implements that can perforate organs, lead to pain in the pelvic region, excessive blood loss and unintended pregnancies

As the medical industry keeps inventing more and more advanced technologies, the amount of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, mostly due to defects in software.

In 2017, the U.S. Health and Human Services Department announced that in the course of 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Union, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was retained by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Union, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must obey from manufacturing to sale. 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 value their bottom line 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 Union, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Hundreds of thousands of drugs and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, call 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 filed suits for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other common defective products we collect compensation for our clients for in Union, MO include:

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

Call Burger Law Now

Union, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Union, MO knows that being harmed by a faulty product 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 Union 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 wining you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical toll your injury has taken on you and your Union, 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 Union, MO today at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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