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Defective Products Lawyer in Willard, MO.

Defective Products Lawyer in Willard, MO. If you or a loved one sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Willard, MO today at (314) 500-HURT or fill out our online form for a complimentary case review.

Think of what you do every day: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work in your vehicle, sit at in a chair or work around technology, and/or use your cell phone on and off throughout the day. You may go 4-wheeling on the weekend. 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 shelves. When there is a mistake in the chain of distribution and a product becomes defective, it can have a catastrophic effect on Willard, 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 fight on your behalf and deliver you the great compensation you are owed.

In our In our 70 years of combined experience fighting for fairness and justice, we have delivered our clients in Willard and beyond over $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in Willard, MO now at (314) 500-HURT.

If you were harmed by a faulty product in Willard, MO, find out the true value of your case 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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Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Willard, MO:

Willard, MO Defective Products Statistics

The Consumer Product Safety Commission has found that hazardous products account for over 29 million injuries and 21,000 fatalities annually.

According to statistics from the Insurance Information Institute, in 2019 the mean average that people injured by faulty 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 hurt by a dangerous product, call a Burger Law defective products lawyer in Willard, MO for empathetic, committed and expert support and legal counsel.

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

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

  1. The defendant was part of the product's chain of distribution.
  2. You used the product in a manner reasonably expected.
  3. One or both of the following:
    1. The product was in a defective condition that was unreasonably hazardous when you bought the product 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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it can be dismissed from the suit if:

  • You discover who the manufacturer is, it still exists and can afford to compensate you for the entirety of your injuries.
  • The seller makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
  • There is no evidence is presented to the court that the vendor took part in any other aspect of the design and manufacturing process.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above conditions are fulfilled, the seller 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 design or manufacture of the product, were otherwise to blame for the fault or the manufacturer cannot compensate you for the entirety of the economic, physical and emotional loss 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 accountable.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be entirely understood before use by the public. This defense is only valid for inadequate warning product liability cases, 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 Willard, MO are won or lost based on the concept of negligence. We all owe each other a duty of care in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone fails in that obligation, for example if are injured by a fatigued truck driver they may be held accountable for your damages and would owe you a financial recovery.

By contrast, most product liability or hazardous products cases are strict liability claims, meaning that a designer, manufacturer or vendor is to blame 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 Willard, 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 flaw in the design that subsequently passes the defect to all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
  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 hazardous chemicals. An example could be installing outdated components or a swing set with a cracked chain.
  3. Failure to Warn of Known Risks or Risks That Should Have Been Foreseen: This refers to a product that was designed and manufactured safely but caused harm because it did not give adequate instructions or warnings about inherent dangers. Examples include a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product typically does not have to warn against risks that a reasonable person would anticipate. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement thorough safety protocols for verifying the safety of their products. Even so, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Willard, MO will fight on your behalf and insist on nothing but a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Willard, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for those in the stream of commerce to posit that you are responsible for a portion of the fault and, therefore, they are not required to compensate 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 responsible for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to avoid their responsibility to reimburse you for the harm they have caused. Your Willard, 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 way the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect a consumer to use it. 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 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 reasonably foresee that use of the product.
  • You used the product in a way the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to totally avoid liability but can considerably lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto wreck. 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 referred to as "Assumption of the risk," a theory 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. 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. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you adhered to proper protocols.
  • You failed to mitigate your damages. In any personal injury claim, you are expected 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 stream of commerce can — and will — try to convince the court that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies use numerous deceitful tactics to try and minimize your claim, but your Willard, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you are awarded, and you do not pay us anything until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal representation that matches and exceeds that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Willard, MO

Our defective products lawyer team sees in Willard, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common defective car components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Wheels
  • Door latches
  • Accelerators

Alternative 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 Willard, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Willard, MO has seen be defective include:

  • Artificial joints that can cause infections, instability, pain or recurring dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can cause punctured organs, infections and internal burns
  • Blood clot filters that allow free-floating blood clots to travel up to the lungs
  • Permanent birth control implements that can perforate organs, result in pain in the pelvic region, excessive hemorrhaging and unintended pregnancies

As the medical industry becomes more high-tech, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly because of problems with software.

In 2017, the U.S. Health and Human Services Department stated that throughout 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of easing it. If a defective medical device caused you injuries, your Willard, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February of this year, Exactech, a company that manufactures implants and 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 unimaginable pain and permanent damage to potentially as many as 150,000 people who had the replacement joint implanted. 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 Willard, MO

The Federal Drug Administration has firm 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 third-party testing many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than the safety of the people who need medicine and treatments that are truly effective. 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 Willard, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable.

Four thousand five hundred prescriptions and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you love received injuries because of irresponsible pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations accountable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other examples of defective products we collect compensation for our clients for in Willard, 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

Willard, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Willard, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we strive to see the injured in Willard and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we immediately start working on securing you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical toll your injury has taken on you and your Willard, 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 Willard, MO immediately at (314) 500-HURT or contact us online to start on your journey to being made whole again.

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