Defective Products Lawyer in Callaway County, MO.

Defective Products Lawyer in Callaway County, MO. If you or a family member was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Callaway County, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.

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 on a bus, sit by a computer or work around technology, and/or use your android at various times during the day. You may drive go-carts on your free days. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the market. When there is an oversight in that process and a product becomes hazardous, it can have a catastrophic impact on Callaway County, MO individuals and families. When that happens to you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and get you the great compensation you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Callaway County and throughout Missouri more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Callaway County, MO now at (314) 500-HURT.

If you were injured by a faulty product in Callaway County, MO, learn the true value of your claim by utilizing our complimentary personal injury calculator.



The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Callaway County, 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 Callaway County, MO?

The Consumer Product Safety Commission has found that defective products account for more than 29 million injuries and 21,000 deaths each year.

According to data 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 speaks to the unbelievable destruction an unsafe product can cause.

If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Callaway County, MO for compassionate, committed and experienced support and legal counsel.

How Defective Products Claims Work in Callaway County, MO

According to Missouri Revised Statute §537.760, you and your Callaway County, MO defective products lawyer can can hold a person or company accountable for your damages if three conditions are true:

1. The company was part of the product's chain of distribution.
2. You used the product in a manner reasonably foreseen.
3. Either or both of the following conditions:
   1. The product had a defective condition that was unreasonably hazardous when the product was sold 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 dangerous condition.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may avoid liability if:

• The manufacturer is known, still does business and is financially capable of reimbursing you for all of your damages.
• The vendor signs an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
• There is no evidence is brought in front of the court that the vendor was involved in any other aspect of the stream of commerce.
• The motion to dismiss is filed within 60 days.

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 had a larger role in the design and manufacture of the product than they intimated, were otherwise responsible for the dangerous condition or the manufacturer cannot reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product went to market. This defense is only applicable to for inadequate warning 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 cases in Callaway County, MO are based on the conception 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 responsibility, for example if if you are misdiagnosed because of substandard medical attention they can be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or hazardous products cases are determined by strict liability, meaning that anyone in the chain of distribution is responsible for any injuries a product causes, 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 Callaway County, 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 innate fault in the design that afterwards passes the flaw to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
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, 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: 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 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. A manufacturer generally does not have to warn against obvious dangers. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement comprehensive safety procedures for guaranteeing that their products will not put the people who use it at risk. However, too often corporations do not value our safety and concentrate more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Callaway County, MO will fight by your side and demand nothing but the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Callaway County, MO

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the principle of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to argue that you are liable for a portion of your injuries and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to get out their duty to reimburse you for the harm they have caused. Your Callaway County, MO defective products lawyer at Burger Law will not let them get away with it. Pursuant to the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances are relevant in your case:

• 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 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, Someone in the stream of commerce will not be able to completely avoid liability but can considerably lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle accident. 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 principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 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 obeyed recommended precautions.
• You failed to 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 people in the chain of distribution can — and will — work hard to persuade a jury that comparative negligence applies to your case, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ a lot of dishonest ruses to try and lower your claim, but your Callaway County, MO defective products lawyer at Burger Law knows how to combat 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 compensation you get, and you owe us nothing until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal advocacy that matches and surpasses that of resistant manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Callaway County, MO

Our defective products lawyer team sees in Callaway County, 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 accident and fires, and fail to protect occupants from harm as intended. Common dangerous car components we see are:

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

Offroad vehicles like 4-wheelers can also cause damage, for instance if a design defect gives them a heightened propensity 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 Callaway County, MO

Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us further injuries when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Callaway County, MO has seen be defective include:

• Artificial hips, knees or other joints that can result in infections, instability, pain or recurring dislocations
• Pacemakers, which can lead to infections or even wrongful death because of premature failures
• Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in pierced organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control implements that can puncture organs, lead to pain in the pelvic region, excessive hemorrhaging and unplanned pregnancies

As the medical industry keeps inventing more and more advanced technologies, medical device recalls have increased exponentially. 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 in the course of 10 years Medicare spent at least $1.5 billion to replace more than 73,000 faulty heart 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 Callaway County, 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, had to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused incredible pain and permanent damage to possibly as many as 150,000 people who were depending on the replacement joint to return their mobility. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view our original complaint here:

View Complaint

Defective Drug Lawyer in Callaway County, MO

The Federal Drug Administration has firm protocols 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 shelves. That means that many medications reach the market whose potential side effects greatly outweigh their 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 Callaway County, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Four thousand five hundred drugs 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 worsen because of careless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer now. We fight hard to see justice restored 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 common dangerous products we file suit for in Callaway County, 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 Callaway County, MO knows that being injured by a hazardous product can completely disrupt your life. That is why we strive to see the vulnerable in Callaway County and throughout Missouri collect fair compensation 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 do not hesitate to start working on getting you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical toll your injury has taken on you and your Callaway County, 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 Callaway County, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.