Defective Products Lawyer in Agency, MO.

Defective Products Lawyer in Agency, MO. If you or someone you care about was injured by a dangerous product, call a Burger law defective products lawyer in Agency, MO today at (314) 500-HURT or fill out our online form for a free case review.

Think of what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit by a computer or work around heavy equipment, and/or use your cell phone on and off throughout the day. You may go boating on the weekend. 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 at one point was engineered, produced, shipped and purchased. When there is an error in the stream of commerce and a product becomes defective, it can cause severe injuries to you and your Agency, MO family. When that happens to you, you need the knowledgeable and dedicated legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the full financial recovery you deserve.

In our In our three decades of experience standing up for fairness and justice, we have gotten our clients in Agency and beyond over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Agency, MO now at (314) 500-HURT.

If you were harmed by a dangerous product in Agency, MO, learn how much your claim may be worth by utilizing our complimentary personal injury calculator.



Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Agency, MO:

• FDA Recall List and Safety Alerts
• Consumer Products Safety Commission Recall List
• U.S. Department of Transportation Motor Vehicle Recall List
• Recalls.Gov
• What to Do if You're Injured by a Dangerous Product?
• Can I Sue a Company if Their Product Gave Me Cancer?
• Can I Sue for a Defective Car Part if it Caused My Accident?

How Common Are Defective Products in Agency, MO?

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

According to facts 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 speaks to the incredible ruin that can be caused when manufacturers and vendors do not obey the rules.

If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Agency, MO for empathetic, devoted and knowledgeable support and legal advocacy.

How Defective Products Claims Work in Agency, MO

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

1. The corporation was part of the product's chain of distribution.
2. The product was used in a way rationally anticipated.
3. Either or both of the following conditions:
   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. 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 that sold you the product. Under Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may avoid liability if:

• You discover who the manufacturer is, it has not closed their business and is able to reimburse you for the entirety of your damages.
• The distributor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
• No other party in the case puts forward evidence that the distributor took part in any other facet of the design and manufacturing process.
• The motion to dismiss is filed within 60 days.

If those conditions are met, 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 at fault for the dangerous condition or the manufacturer is unable to reimburse you for all of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held responsible.

Missouri Revised Statute §537.764 mentions a caveat 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 hit the shelves. This defense is only applicable to for failure to warn defective products cases, 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

The majority of personal injury claims in Agency, MO are won or lost based on the conception of negligence. We all have an obligation to each other's safety in certain situations; for example, Agency, MO dog owners must always have control of their dog. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they might be held liable for your damages and would have to pay you compensation.

However, most product liability or hazardous products cases are strict liability claims, meaning that a designer, manufacturer or vendor is accountable for any damage 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 Agency, 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 flaw in the design that afterwards passes the flaw to all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of a failure in the manufacturing process. This can either affect only one product, 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 not properly fastening components to each other.
3. Insufficient Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but instead 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. A manufacturer typically does not have to warn against dangers that a reasonable person would anticipate. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement exhaustive safety protocols for ensuring the safety of their products. However, too often companies do not value our safety and try to focus more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Agency, MO will fight on your behalf and demand only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Agency, MO

Manufacturers, sellers 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 permits for the manufacturer or vendor to argue that you share a portion of your damages and, therefore, they are not required to compensate you for 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, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt an entity involved in the chain of distribution makes to get out their responsibility to reimburse you for the harm they have caused. Your Agency, MO defective products lawyer at Burger Law sees through that. 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 has to make a product safe for ways that they can expect a consumer to use it. 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 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 manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can significantly decrease it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car 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 principle in tort claims whereby, if the injured party was aware of risks, 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 make custom modification to your car's engine despite not being a mechanic. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You failed 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 are your fault because you had not followed proper protocols.
• You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound 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 the defense can — and will — work hard to persuade a jury that comparative negligence applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use myriad tricks to try and lower your claim, but your Agency, MO defective products lawyer at Burger Law knows how to combat them. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you are awarded, 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 rivals and exceeds that of bullying manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Agency, MO

Our defective products lawyer team sees in Agency, 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 individual cars and vehicle components were recalled in the United States. Defective car parts can lead to crashes and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous car components we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Tires
• Door latches
• Headlights and taillights

Alternative 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 Agency, MO

Medical devices are intended 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 Agency, MO has seen be defective are:

• Artificial hips, knees or other joints that can cause infections, limited mobility, pain or repeated dislocations
• Cardiovascular devises, which can result in 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 faulty, can lead to punctured organs, infections and internal burns
• Blood clot filters that permit dislodged blood clots to slip into the lungs
• Permanent birth control devices that can puncture organs, lead to pelvic pain, excessive bleeding and unwanted pregnancies

As the medical industry becomes more technologically advanced, 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 defects in software.

In 2017, the U.S. Health and Human Services Department found that throughout 10 years Medicare spent at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Agency, 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 2022, Exactech, a manufacturer of 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 intended to and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 people 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 view the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Agency, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must adhere to from manufacturing to sale. 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 drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than 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 Agency, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Four thousand five hundred medications and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer now. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other common dangerous products we file suit for in Agency, MO include:

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

Every Burger Law defective products lawyer in Agency, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your life. That is why we have committed our lives to seeing the injured in Agency and throughout Missouri receive great compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on delivering you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical toll your injury has inflicted on you and your Agency, MO family. We will fight by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Agency, MO today at (314) 500-HURT or contact us online to start on your journey to being made whole again.