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Defective Products Lawyer in Warren County, MO.

Defective Products Lawyer in Warren County, MO. If you or a family member was injured by a dangerous product, reach out to a Burger law defective products lawyer in Warren County, MO right away at (314) 500-HURT or fill out our online form for a complimentary consultation.

Picture your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit by a computer or work around heavy machinery, and/or use your iPhone on and off throughout the day. You may go boating on your days off. You may even have a ankle 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 market. When there is a mistake in the chain of distribution and a product becomes dangerous, it can cause severe injuries to you and your Warren County, MO family. When that happens to you, you need the expert and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the maximum financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have secured our clients in Warren County and throughout Missouri over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Warren County, MO now at (314) 500-HURT.

If you were hurt by a faulty product in Warren County, MO, see how much your claim may be worth 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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Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Warren County, MO:

How Common Are Defective Products in Warren County, MO?

The Consumer Product Safety Commission estimates that defective products account for in excess of 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 extreme ruin an unsafe product can cause.

If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Warren County, MO for passionate, committed and expert support and legal advocacy.

How Defective Products Claims Work in Warren County, MO

Under Missouri Revised Statute §537.760, you and your Warren County, MO defective products lawyer can can hold a person or corporation responsible for your damages if three conditions are true:

  1. The person was involved in the product's stream of commerce.
  2. The product was used in a manner logically anticipated.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or seller's and your injuries are a direct result of that defect, 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 "chain of distribution" refers to anyone involved in the product from initial design to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may be dismissed from the case if:

  • The manufacturer is known, still exists and is financially capable of reimbursing you for all of your damages.
  • The entity that sold it 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 vendor was involved in any other aspect of the stream of commerce.
  • The dismissal is requested to the judge within 60 days.

If those conditions are fulfilled, the seller 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 had a larger role in the design and manufacture of the product than they intimated, were otherwise to blame for the hazardous condition or the manufacturer cannot pay 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 that every liable party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense is only valid for inadequate warning product liability claims, and the burden of proof is on the defense.

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

Most personal injury cases in Warren County, MO are based on the notion of negligence. We all have an obligation to each other's safety in certain situations; for example, doctors must treat their Warren County, MO patients with a standard of care. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they can be found accountable for your damages and would have to pay you a financial recovery.

However, most product liability or hazardous products cases are strict liability claims, meaning that anyone in the chain of distribution is at fault for any injuries 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 Warren County, 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 fault in the design that subsequently passes the flaw to all products with the same design. An example is an improperly designed safeguard on a power tool.
  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 only make one product dangerous, 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 bugs or other contaminants found in beverages or a swing set with a cracked chain.
  3. Insufficient Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer generally does not have to warn against obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement thorough safety procedures for guaranteeing the safety of their products. Even so, too often companies are negligent and spend more energy on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Warren County, 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 Warren County, MO

A common defense for manufacturers in a product liability case is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the defendants to put forth the defense that you are responsible for a portion of the fault and, therefore, they are not obligated to reimburse 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, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the chain of distribution makes to get out their obligation to pay you for the harm they have caused. Your Warren County, 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 fault 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 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 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 manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can considerably lower 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 risks of the product while you were using it. This is often called as "Assumption of the risk," a concept in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
  • You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You failed to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. If you were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you obeyed 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 they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.

Just because the defense can — and will — argue that comparative fault applies to your case, that does not mean the claim is automatically true. Bullying corporations and insurance companies employ a variety of dishonest ruses to try and minimize your claim, but your Warren County, 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 do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Get in touch with Burger Law right away at (314) 500-HURT for legal representation that parallels and eclipses that of bullying manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Warren County, MO

Our defective products lawyer team sees in Warren County, 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, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and fail to protect occupants from harm as intended. Common defective motor vehicle parts we see are:

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

Offroad vehicles like 4-wheelers can also cause injuries, 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 Warren County, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Warren County, MO has seen be defective are:

  • Artificial joints that can cause infections, instability, chronic soreness or repeated dislocations
  • Pacemakers, which can lead to infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can cause pierced organs, infections and electrical burns
  • Blood clot filters that allow free-floating blood clots to slip into the lungs
  • Permanent birth control devices that can puncture organs, cause pelvic pain, abnormal bleeding and unwanted pregnancies

As the medical industry becomes more high-tech, medical device recalls have gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly due to problems with software.

In 2017, the U.S. Health and Human Services Department found that throughout 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 faulty cardiovascular devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a flawed medical device ended up worsening your condition, your Warren County, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to degrade too quickly and have caused unthinkable pain and permanent damage to potentially as many as 150,000 people who were depending on the replacement joint to return their mobility. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf 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 Warren County, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must obey from manufacturing to delivery. 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 independent testing many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the 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 Warren County, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Hundreds of thousands of drugs and medical devices are recalled in the U.S. each year, 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 worsen because of careless pharmaceutical companies and corporations, call 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 successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

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

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

Call Burger Law Now

Warren County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Warren County, 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 endeavor to see the injured in Warren County and throughout Missouri get maximum 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 securing you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical toll your injury has taken on you and your Warren County, MO family. You do not have to go through this alone, and the big corporations do not have to win every time. Call a Burger Law defective products lawyer in Warren County, MO right away at (314) 500-HURT or contact us online to start on the path to true healing.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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