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Defective Products Lawyer in Waynesville, MO.

Defective Products Lawyer in Waynesville, MO. If you or someone you care about sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Waynesville, MO now at (314) 500-HURT or fill out our online form for a free case evaluation.

Picture what you do every day: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around heavy equipment, and/or use your android throughout the day. You may go 4-wheeling on your free days. You may even have a knee replacement or other medical device. 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 buyer. When there is an error in that process and a product becomes hazardous, it can have a ruinous effect on on your life and lives of those you love in Waynesville, MO. When that happens to you, you need the skilled and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and get you the maximum financial recovery you are owed.

In our 30 years of negotiation, litigation and trial experience, we have gotten our clients in Waynesville and beyond over $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Waynesville, MO today at (314) 500-HURT.

If you were hurt by a dangerous product in Waynesville, 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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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Waynesville, MO:

How Common Are Defective Products in Waynesville, MO?

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

Based on 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 shows the extreme destruction that can be caused when manufacturers and distributors do not obey adequate safety protocols.

If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Waynesville, MO for passionate, committed and knowledgeable support and legal counsel.

What is the Process for Defective Products Claims in Waynesville, MO?

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

  1. The defendant was part of the product's stream of commerce.
  2. The product was used in a manner rationally anticipated.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor's that caused you direct harm, 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 the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can be dismissed from the case if:

  • You discover who the manufacturer is, it still exists and is financially capable of paying you for all of your damages.
  • The vendor signs an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
  • No other party in the case puts forward evidence that the vendor took part in any other facet of the chain of distribution.
  • The motion to dismiss is filed within 60 days.

If those conditions are satisfied, 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 design and manufacture of the product than they intimated, were otherwise liable for the defect or the manufacturer is unable to reimburse you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every to-blame party is held responsible.

Missouri Revised Statute §537.764 provides one defense 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 was introduced to the public. This defense is only valid for failure to warn product liability cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury lawsuits in Waynesville, MO are based on the concept of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Waynesville, MO roads. When someone is negligent, for example if if there a loose floor boards at a restaurant that cause you to fall they may be found accountable for your damages and would have to pay you compensation.

However, most product liability or defective products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product 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 Waynesville, 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 got into your hands.

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 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 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 not properly fastening components to each other.
  3. Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about innate risks. 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. The company that makes a product generally does not have to warn against risks 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 encourage corporations to implement exhaustive safety protocols for ensuring the safety of their products. However, too often corporations are negligent 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 Waynesville, MO will hold them responsible by conducting a full investigation of your case and demanding only full compensation.

Comparative Negligence in Defective Productions Claims in Waynesville, MO

A common defense for manufacturers in a defective products case is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or seller to put forth the argument that you are responsible for a portion of your injuries and, therefore, they do not have to pay you 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, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to eschew their responsibility to pay you for the damage their product did to you. Your Waynesville, 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 way the manufacturer could foresee. A manufacturer or distributor 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. 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, the defendant will likely not be able to avoid liability altogether, but can considerably lower it but can considerably diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. 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 theory in tort claims whereby, 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 injured 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 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 have a duty 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 people in the chain of distribution can — and will — assert that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies use a variety of deceitful tactics to try and lower your claim, but your Waynesville, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations are unfair and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Call Burger Law now at (314) 500-HURT for legal representation that parallels and surpasses that of resistant manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Waynesville, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Waynesville, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous automobile parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Tires
  • Steering systems
  • Headlights and taillights

Alternative vehicles like ATVs can also cause damage, for instance if a design defect gives them a heightened propensity 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 Waynesville, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Waynesville, MO has seen be defective are:

  • Artificial hips, knees or other joints that can lead to infections, instability, pain or recurring dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
  • 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 punctured organs, infections and electrical burns
  • Blood clot filters that allow dislodged blood clots to travel up to the lungs
  • Permanent birth control devices that can perforate organs, lead to pain in the pelvic region, excessive blood loss and unwanted pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have increased exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly due to issues with software.

In 2017, the U.S. Health and Human Services Department announced that over the span of 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you damages, your Waynesville, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused incredible pain and lifelong damage to potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Waynesville, MO

The Federal Drug Administration has strict protocols 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 third-party testing many prescriptions reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit over the safety of the people they are supposed to be helping. 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 Waynesville, 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 taken off the national market annually, and many of them have already been widely ingested and used. If you or a family member sustained injuries because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer now. 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 held opioid manufacturers accountable when their negligence has taken someone from their family too soon.

Other examples of defective products we see in Waynesville, 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

Waynesville, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Waynesville, MO knows that when manufacturers and sellers 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 dedicated our lives to seeing the injured in Waynesville and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on securing you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical toll your injury has taken on you and your Waynesville, 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 Waynesville, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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