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Defective Products Lawyer in Wentzville, MO.

Defective Products Lawyer in Wentzville, MO. If you or a family member was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Wentzville, MO now at (314) 500-HURT or fill out our online form for a free consultation.

Think of what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around heavy machinery, and/or use your cell phone at various times during the day. You may go 4-wheeling on your free days. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was engineered, manufactured, shipped and sold. When there is an oversight in the stream of commerce and a product becomes hazardous, it can have a catastrophic effect on on your life and lives of those you love in Wentzville, MO. When that happens to you, you need the experienced and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the maximum financial recovery you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Wentzville and throughout Missouri over $170 million. Talking to us is free, so there's no reason not to reach out. Get in touch with a defective products lawyer in Wentzville, MO today at (314) 500-HURT.

If you were hurt by a faulty product in Wentzville, MO, learn how much your claim may be worth 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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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Wentzville, MO:

How Common Are Defective Products in Wentzville, MO?

The Consumer Product Safety Commission has found that defective products are responsible for in excess of 29 million injuries and 21,000 fatalities annually.

Based on 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 shows the incredible destruction an unsafe product can cause.

If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Wentzville, MO for compassionate, devoted and experienced support and legal advocacy.

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

Under Missouri Revised Statute §537.760, you and your Wentzville, MO defective products lawyer can make a "strict liability" claim if three factors are met:

  1. The company was involved in the product's stream of commerce.
  2. The product was used in a way easily expected.
  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 distributor's and your injuries are a direct result of that defect, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "chain of distribution" refers to anyone involved in the product from initial design to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it may avoid liability if:

  • You discover who the manufacturer is, it still exists and is able to reimburse you for all of your damages.
  • The distributor makes an affidavit under threat of perjury 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 took part in any other aspect of the stream of commerce.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the above conditions are met, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise liable for the defect 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 that every liable party is held accountable.

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 was introduced to the public. This defense is only applicable to for failure to warn defective products cases, and the burden of proof is on the defense.

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

The majority of personal injury lawsuits in Wentzville, MO depend on the conception of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, doctors must treat their Wentzville, MO patients with a standard of care. When someone fails in that responsibility, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found responsible for your damages and would owe you compensation.

By contrast, most product liability or defective products claims are strict liability claims, meaning that a designer, manufacturer or vendor is to blame for any injuries 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 Wentzville, 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 you acquired it.

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 imperfection in the design that afterwards affects all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
  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 faulty, 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 bugs or other contaminants found in beverages or not properly fastening components to each other.
  3. Inadequate Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger 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 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 instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement comprehensive safety protocols for verifying the safety of their products. However, too often companies 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 Wentzville, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Wentzville, MO

Manufacturers, vendors and anyone else in the chain of distribution will often rely on the theory of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to posit that you are liable 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 determines that you have $100,000 in damages but finds you were 30 percent at fault for your injuries, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt a defendant makes to eschew their duty to pay you for the harm they have caused. Your Wentzville, 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 shoulder some or all of the fault if one or several of the following circumstances are present in your case:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. 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 be expected to foresee that happening.
  • You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably decrease it but can significantly lower it. Say 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 called 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, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
  • 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 recommended precautions.
  • You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to lessen the amount of compensation you are owed. 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 — work hard to persuade a jury that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ myriad dishonest ruses to try and lower your claim, but your Wentzville, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations 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 compensation you receive, and you do not pay us anything until you get the great compensation you deserve. Call Burger Law right away at (314) 500-HURT for legal representation that rivals and exceeds that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Wentzville, MO

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

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Wheels
  • Seats
  • Accelerators

Offroad vehicles like ATVs can also cause damage, 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 Wentzville, MO

Medical devices are meant to improve the lives of the people who need them. 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 Wentzville, MO has seen be defective are:

  • Artificial joints that can result in infections, instability, chronic soreness or frequent dislocations
  • Pacemakers, which can cause infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on hard to reach areas which, when defective, can result in perforated organs, infections and internal burns
  • Blood clot filters that permit dislodged blood clots to invade the lungs
  • Permanent birth control devices that can puncture organs, result in pain in the pelvic region, excessive blood loss and unplanned pregnancies

As the medical industry keeps implementing new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to issues with software.

In 2017, the U.S. Health and Human Services Department announced that over a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Wentzville, 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, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who had the replacement joint implanted. 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 continue to take on Exactech Knee Replacement cases. You can view our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Wentzville, MO

The Federal Drug Administration has stringent procedures 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. That means that many medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies 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 Wentzville, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Four thousand five hundred drugs and medical devices are recalled in the U.S. 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 worsen because of careless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer immediately. 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 common dangerous products we collect compensation for our clients for in Wentzville, MO include:

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

Call Burger Law Now

Wentzville, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Wentzville, MO knows that being harmed by a faulty product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Wentzville 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 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 inflicted on you and your Wentzville, MO family. We will stand 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 Wentzville, MO right away at (314) 500-HURT or contact us online to start on the path to a true recovery.

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