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Defective Products Lawyer in Westport, MO.

Defective Products Lawyer in Westport, MO. If you or someone you love was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Westport, MO right away at (314) 500-HURT or fill out our online form for a complimentary consultation.

Imagine 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 machines, and/or use your iPhone at various times during the day. You may go boating 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 technology that had to be designed, manufactured, packaged and purchased. When there is a breakdown in that process and a product becomes defective, it can have a disastrous impact on on your life and lives of those you love in Westport, MO. If tragedy struck you, you need the expert and devoted legal representation of Burger Law's defective products lawyer team to stand in your corner and deliver you the maximum compensation you are owed.

In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have secured our clients in Westport and beyond over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Westport, MO now at (314) 500-HURT.

If you were harmed by a faulty product in Westport, MO, find out how much your claim may be worth by utilizing 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 helpful links and FAQS from your Burger Law defective products injury lawyer in Westport, MO:

How Common Are Defective Products in Westport, MO?

The Consumer Product Safety Commission has found that dangerous products cause in excess of 29 million injuries and 21,000 fatalities annually.

Based on statistics 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 unbelievable ruin that can be caused when manufacturers and vendors do not follow the rules.

If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Westport, MO for empathetic, committed and talented support and legal counsel.

How Defective Products Claims Work in Westport, MO

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

  1. The person was part of the product's chain of distribution.
  2. You used the product in a manner logically foreseen.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or seller's that was the proximate cause of your injuries, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "stream of commerce" refers to anyone involved in the product from initial conception to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product can avoid liability if:

  • You discover who the manufacturer is, it still exists and is able to compensate you for the entirety of your damages.
  • The seller signs an affidavit under oath that their only involvement in the stream of commerce was selling it.
  • There is no evidence is presented to the court that the distributor was involved in any other aspect of the design and manufacturing process.
  • The motion to dismiss is filed within 60 days.

If the aforementioned conditions are fulfilled, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they had a larger role in the design and manufacture of the product than they led on, were otherwise at fault for the hazardous condition or the manufacturer is unable to reimburse you for all of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every to-blame party is held accountable.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense is only applicable to for inadequate warning defective products lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury suits in Westport, MO depend on the idea of negligence. We all owe each other a duty of care in certain situations; for example, Westport, MO dog owners must always have control of their dog. When someone fails in that responsibility, for example if if there a loose floor boards at a restaurant that cause you to fall they can be held liable for your damages and would owe you a financial recovery.

However, most product liability or defective products claims come down to strict liability, meaning that a designer, manufacturer or vendor is accountable for any injuries a product causes, 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 Westport, 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 an electrical appliance that can overheat and cause fires.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either only make one product defective, 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 bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
  3. Failure to Warn of Known Dangers or Dangers 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 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. The company that makes a product generally does not have to warn against risks that a reasonable person would anticipate. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to encourage corporations to implement thorough safety procedures for verifying the safety of their products. Even so, too often corporations do not value our safety and concentrate more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Westport, MO will fight on your behalf and insist on only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Westport, MO

A common defense for manufacturers in a product liability lawsuit is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for those in the chain of distribution to argue that you share a portion of your damages 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 responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to avoid their duty to pay you for the damage their product did to you. Your Westport, MO defective products lawyer at Burger Law will not let them get away with it. Under 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 manner the manufacturer could foresee. A manufacturer or seller 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 use a loaded rifle to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to totally avoid fault but can significantly decrease it. Say 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 referred to as "Assumption of the risk," a principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
  • You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 neglected to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you adhered to recommended safety measures.
  • 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 they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.

Just because people in the stream of commerce can — and will — work hard to persuade a jury that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies use a variety of deceitful tactics to try and lower your claim, but your Westport, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations 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 takes claims on a contingency fee basis, 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. Reach out to Burger Law now at (314) 500-HURT for legal counsel that rivals and eclipses that of resistant manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Westport, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Westport, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause wrecks and fires, and fail to protect occupants from harm as intended. Common defective car parts we see are:

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

Offroad vehicles like ATVs can also cause harm, 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 Westport, 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. Examples of medical devices that your Burger Law defective products lawyer in Westport, MO has seen cause further complications for patients are:

  • Artificial hips, knees or other joints that can cause infections, instability, pain or recurring dislocations
  • Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots designed to operate on hard to reach areas which, when they do not work properly, can cause pierced organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control implements that can puncture organs, cause pain in the pelvic region, excessive bleeding and unintended pregnancies

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

In 2017, the U.S. Health and Human Services Department reported that in the course of 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 flawed heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of improving our lives. If a defective medical device ended up worsening your condition, your Westport, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February 2022, Exactech, a company that manufactures implants and 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 designed to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 patients who had received the replacement joint. 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 read our original complaint here:

View Complaint

Defective Drug Lawyer in Westport, MO

The Federal Drug Administration has firm 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 medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit 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 Westport, MO to stand up to these bullying corporations and let them know that their conduct is deplorable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or a loved one had your condition worsen because of reckless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from their family too soon.

Other examples of defective products we file suit for in Westport, 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

Westport, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Westport, 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 pledged our lives to seeing the vulnerable in Westport and throughout Missouri receive the best possible compensation 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 mental and physical hardships your injury has taken on you and your Westport, 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 Westport, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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