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Defective Products Lawyer in Versailles, MO.

Defective Products Lawyer in Versailles, MO. If you or someone you love sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Versailles, MO now 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 in your vehicle, sit at in a chair or work around heavy equipment, and/or use your android on and off throughout the day. You may use lawnmowers on your free days. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the shelves. When there is an oversight in that process and a product becomes hazardous, it can have a disastrous effect on on your life and lives of those you love in Versailles, MO. When that happens to you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and get you the full financial recovery you are owed.

In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Versailles and throughout Missouri in excess of $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 Versailles, MO immediately at (314) 500-HURT.

If you were harmed by a defective product in Versailles, 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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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Versailles, MO:

How Common Are Defective Products in Versailles, MO?

The Consumer Product Safety Commission estimates that dangerous products cause more than 29 million injuries and 21,000 fatalities annually.

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 speaks to the incredible devastation that can be caused when manufacturers and vendors do not adhere to adequate safety protocols.

If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in Versailles, MO for empathetic, devoted and expert support and legal representation.

How Defective Products Claims Work in Versailles, MO

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

  1. The defendant was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a way easily anticipated.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably dangerous when it left the manufacturer's or distributor's and your injuries are a direct result of that defect, 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 design to sale, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of 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 damages.
  • The seller makes 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 vendor was involved in any other facet of the design and manufacturing process.
  • The dismissal is requested to the court within 60 days.

If those conditions are fulfilled, the distributor 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 production of the product than they intimated, were otherwise to blame for the defect or the manufacturer cannot compensate you for the entirety of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery you are owed.

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 will only work for 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 claims in Versailles, MO are decided by the concept of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Versailles, MO roads. When someone fails in that obligation, for example if sustain an injury because you were hit by a distracted driver they may be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or hazardous products cases are determined by strict liability, meaning that a designer, manufacturer or vendor is accountable 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 Versailles, 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 fault in the design that afterwards 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 mistakes in the manufacturing process. This can either affect only one product, 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 installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Insufficient Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could come about 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. A manufacturer typically does not have to warn against risks that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement exhaustive safety procedures for guaranteeing the safety of their products. However, too often companies are negligent and concentrate more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Versailles, MO will fight on your behalf and demand only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Versailles, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the concept of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or seller to argue that you share a portion of your damages and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to avoid their responsibility to pay you for the damage their product did to you. Your Versailles, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may argue 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 way the manufacturer could foresee. A manufacturer or seller is only has to make a product safe for ways that they can expect the public 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. 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 way 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 considerably diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto 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 referred to 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • 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 were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you followed 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 seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because the defense can — and will — try to convince the court that comparative negligence applies to your claim, that does not mean the claim is automatically true. Bullying corporations and insurance companies employ numerous tricks to try and devalue your claim, but your Versailles, 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 unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you get, and you owe us nothing until you get the great compensation you deserve. Call Burger Law today at (314) 500-HURT for legal advocacy that matches and exceeds that of resistant manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Versailles, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Versailles, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous automobile components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wiring
  • Wheels
  • Steering systems
  • Engine cooling fan blades

Offroad vehicles like 4-wheelers can also cause harm, 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 Versailles, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more injuries when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Versailles, MO has seen be defective are:

  • Artificial joints that can cause infections, limited mobility, pain or recurring dislocations
  • Cardiovascular devises, which can cause 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 faulty, can result in punctured organs, infections and internal burns
  • Blood clot filters that permit free-floating blood clots to travel up to the lungs
  • Permanent birth control devices that can perforate organs, result in pelvic pain, excessive hemorrhaging and unplanned pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the foremost cause.

In 2017, the U.S. Health and Human Services Department stated that throughout 10 years Medicare paid out at least $1.5 billion to replace over 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of easing it. If a flawed medical device ended up worsening your condition, your Versailles, 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, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused unthinkable pain and permanent damage to potentially as many as 150,000 people who were depending on the replacement joint to ease their pain. 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 here:

View Complaint

Defective Drug Lawyer in Versailles, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must follow 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. With no absolute third-party testing many prescriptions reach the market 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 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 Versailles, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.

Hundreds of thousands of drugs and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or a loved one had your condition deteriorate because of careless pharmaceutical companies and manufacturers, get in touch with 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 has been inflicted because of their actions. 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 common dangerous products we see in Versailles, 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

Versailles, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Versailles, MO knows that being injured by a hazardous product can completely upend your life. That is why we endeavor to see the vulnerable in Versailles and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we immediately start working on getting you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Versailles, 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 Versailles, MO immediately at (314) 500-HURT or contact us online to start on the path to a true recovery.

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