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Defective Products Lawyer in Wildwood, MO.

Defective Products Lawyer in Wildwood, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Wildwood, MO now at (314) 500-HURT or fill out our online form for a free consultation.

Imagine 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 car, sit by a computer or work around machines, and/or use your android throughout the day. You may use lawnmowers on your free days. You may even have a ankle replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be engineered, manufactured, packaged and bought. When there is an oversight in the chain of distribution and a product becomes dangerous, it can have a ruinous effect on Wildwood, MO individuals and families. When that happens to you, you need the skilled and committed legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the maximum financial recovery you are owed.

In our In our three decades of experience fighting for fairness and justice, we have gotten our clients in Wildwood and throughout Missouri more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Wildwood, MO right away at (314) 500-HURT.

If you were harmed by a dangerous product in Wildwood, MO, discover the true value of your case by using 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 Wildwood, MO:

Wildwood, MO Defective Products Statistics

The Consumer Product Safety Commission states that defective products account for in excess of 29 million injuries and 21,000 deaths every year.

According to statistics from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous 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 an unsafe product can cause.

If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Wildwood, MO for empathetic, dedicated and experienced support and legal representation.

How Defective Products Claims Work in Wildwood, MO

Pursuant to Missouri Revised Statute §537.760, you and your Wildwood, MO defective products lawyer can can hold a person or company 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 way logically expected.
  3. One or both of the following:
    1. The product had a faulty 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 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 purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the lawsuit if:

  • You discover who the manufacturer is, it has not closed their business and is financially capable of reimbursing you for all of your injuries.
  • The entity that sold it makes an affidavit under oath that their only involvement in the process was selling it.
  • No other party in the case puts forward evidence that the distributor was involved in any other part of the chain of distribution.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the above 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 were actually involved in the engineering of the product, were otherwise at fault for the fault or the manufacturer cannot reimburse you for all of the economic, physical and emotional loss you sustained, 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 deserve.

Missouri Revised Statute §537.764 has an exception 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 failure to warn 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 claims in Wildwood, MO depend on the concept of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, doctors must treat their Wildwood, MO patients with a standard of care. When someone is negligent, for example if are injured by a fatigued truck driver they may be held liable for your damages and would have to pay you compensation.

By contrast, most product liability or dangerous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault for any injuries that stems from 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 Wildwood, 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 innate imperfection in the design that subsequently affects all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
  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 hazardous, 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 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 dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer generally does not have to warn against obvious dangers. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to encourage corporations to implement exhaustive safety procedures for guaranteeing that their products will not put the people who use it at risk. Even so, too often companies do not value our safety and try to focus more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Wildwood, MO will hold them responsible by conducting a full investigation of your case and insisting on only complete compensation.

Comparative Negligence in Defective Productions Claims in Wildwood, MO

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the defendants to posit that you are liable for a portion of your injuries 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 to blame for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to get out their responsibility to pay you for the damage their product did to you. Your Wildwood, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative negligence if the following situations apply:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. 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 that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly decrease it but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto accident. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
  • You used the product while aware of a reasonable level of danger associated with the use. This is often called as "Assumption of the risk," a concept in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
  • 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 injured doing such a thing.
  • You did not take necessary safety precautions. 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 are your fault because you had not adhered to proper protocols.
  • You failed to mitigate your damages. 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 refuse to return to work when you are healthy enough to do so. 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 manufacturer or seller can — and will — work hard to persuade a jury that comparative fault applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies implement a lot of deceitful tactics to try and devalue your claim, but your Wildwood, 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 our only fee is a moderate percentage of the financial recovery you receive, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law now at (314) 500-HURT for legal representation that matches and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Wildwood, MO

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

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wiring
  • Wheels
  • Seats
  • Accelerators

Offroad vehicles like ATVs can also cause injuries, 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 Wildwood, 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 Wildwood, MO has seen cause further injuries to patients are:

  • Artificial hips, knees or other joints that can cause infections, limited mobility, chronic soreness or repeated dislocations
  • Pacemakers, 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 defective, can result in perforated organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to slip into the lungs
  • Permanent birth control implements that can puncture organs, lead to pelvic pain, abnormal bleeding and unwanted pregnancies

As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly as a result of problems with software.

In 2017, the U.S. Health and Human Services Department reported that over 10 years Medicare spent at least $1.5 billion to replace more than 73,000 flawed heart devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a flawed medical device ended up worsening your condition, your Wildwood, 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, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused incredible pain and lifelong damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was contacted by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint here:

View Complaint

Defective Drug Lawyer in Wildwood, MO

The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. 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 medications reach the market 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, 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 Wildwood, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.

Four thousand five hundred drugs and medical devices are taken off the national market 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 deteriorate because of irresponsible pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations liable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other examples of dangerous products we see in Wildwood, MO include:

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

Call Burger Law Now

Wildwood, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Wildwood, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Wildwood 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 do not hesitate to start working on wining 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 Wildwood, 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 Wildwood, MO immediately at (314) 500-HURT or contact us online to start on your journey to a true recovery.

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