Defective Products Lawyer in Carrollton, MO.

Defective Products Lawyer in Carrollton, MO. If you or a family member was harmed by a dangerous product, call a Burger law defective products lawyer in Carrollton, MO right away at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Picture 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 at in a chair or work around heavy equipment, and/or use your cell phone at various times during the day. You may drive go-carts on your days off. 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 an oversight in that process and a product becomes defective, it can have a disastrous effect on on your life and lives of those you love in Carrollton, MO. If tragedy struck you, you need the experienced and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the great compensation you are owed.

In our 30 years of negotiation, litigation and trial experience, we have gotten our clients in Carrollton and throughout Missouri in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Carrollton, MO immediately at (314) 500-HURT.

If you were injured by a faulty product in Carrollton, MO, discover the true value of your case by using our free personal injury calculator.



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

Carrollton, MO Defective Products Statistics

The Consumer Product Safety Commission states that hazardous products result in over 29 million injuries and 21,000 fatalities annually.

Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by defective 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 ruin that can be caused when manufacturers and distributors do not obey adequate safety protocols.

If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Carrollton, MO for empathetic, committed and expert support and legal advocacy.

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

Under Missouri Revised Statute §537.760, you and your Carrollton, MO defective products lawyer can file a "strict liability" suit if three conditions are true:

1. The company was involved in the product's chain of distribution.
2. The product was used in a way logically expected.
3. Either or both of the following conditions:
   1. The product was in a defective condition that was unreasonably dangerous when you bought the product that was the proximate cause of your injuries, 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 sale, including the person or entity you bought the product from. According 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 is financially capable of compensating you for the entirety of your injuries.
• The seller signs an affidavit under oath that their only involvement in the stream of commerce was selling it.
• No other party in the case presents evidence that the seller was involved in any other part of the chain of distribution.
• The motion to dismiss is filed within 60 days.

If those conditions are fulfilled, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise responsible for the hazardous condition or the manufacturer cannot compensate 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 to-blame party is held responsible.

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 applicable to for failure to warn defective products lawsuits, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury claims in Carrollton, MO depend on the conception of negligence. We all have an obligation to each other's safety 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 duty, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be found liable for your damages and would have to pay you compensation.

By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone in the chain of distribution is at fault 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 Carrollton, 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 it got into your hands.

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 subsequently passes the fault 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 only make one product defective, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be bugs or other contaminants found in beverages or leaving sharp edges on plastic or other materials.
3. Insufficient Warnings and Instructions: This refers to a product made it through design and production safely but caused injury because it did not give adequate instructions or warnings about innate risks. 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 typically does not have to warn against risks that a reasonable person would foresee. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety protocols for verifying the safety of their products. Even so, too often corporations do not value our safety and concentrate more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Carrollton, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in Carrollton, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the principle of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to argue that you are responsible 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 liable for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the stream of commerce makes to get out their duty to reimburse you for the harm they have caused. Your Carrollton, 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 way the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect the public to use it. For example, while chairs are meant for sitting, 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. On the other hand, if you use a loaded gun 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 the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly lower it but can considerably lower 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 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 wherein, 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You did not follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution from liability. If you were using or around power tools or heavy machinery 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 have a duty to try to lessen the amount of compensation you are owed. 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 vendor can — and will — argue that comparative negligence applies to your lawsuit, that does not mean the claim is automatically true. Large corporations and insurance companies employ a lot of tricks to try and devalue your claim, but your Carrollton, 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 unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you are awarded, and you owe us nothing until we win your case. Get in touch with Burger Law today at (314) 500-HURT for legal counsel that matches and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Carrollton, MO

Our defective products lawyer team sees in Carrollton, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to crashes and fires, and fail to protect drivers and passengers from harm as intended. Common faulty motor vehicle parts we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wires
• Wheels
• Steering systems
• Engine cooling fan blades

Offroad vehicles like 4-wheelers 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 Carrollton, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Carrollton, MO has seen cause further injuries to patients are:

• Artificial joints that can lead to infections, limited mobility, pain or repeated dislocations
• Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
• Surgical robots intended to operate on hard to reach areas which, when defective, can result in perforated organs, infections and internal burns
• Blood clot filters that permit free-floating blood clots to travel up to the lungs
• Permanent birth control devices that can pierce organs, result in pain in the pelvic region, abnormal bleeding and unplanned pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the number one cause.

In 2017, the U.S. Health and Human Services Department announced that over 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of helping us. If a faulty medical device caused you injuries, your Carrollton, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. 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 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 got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Carrollton, MO

The Federal Drug Administration has strict 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 shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line over the safety of the people who need medicine and treatments that truly help their condition. 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 Carrollton, MO to stand up to these bullying corporations and make them realize that their conduct is deplorable.

Four thousand five hundred medications and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or a family member received injuries because of careless pharmaceutical companies and corporations, get in touch with 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 filed suits for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other common dangerous products we see in Carrollton, MO include:

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

Every Burger Law defective products lawyer in Carrollton, MO knows that being hurt by a hazardous product can completely disrupt your life. That is why we endeavor to see the injured in Carrollton 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 immediately start working on getting you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical toll your injury has taken on you and your Carrollton, MO family. We will stand by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Carrollton, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.