Defective Products Lawyer in Gasconade County, MO.

Defective Products Lawyer in Gasconade County, MO. If you or someone you love was harmed by a dangerous product, call a Burger law defective products lawyer in Gasconade County, MO now at (314) 500-HURT or fill out our online form for a free case evaluation.

Picture your daily routine: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on a bus, sit by a computer or work around heavy machinery, 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 knee replacement or other medical implant. 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 market. When there is an error in that process and a product becomes hazardous, it can have a devastating impact on on your life and lives of those you love in Gasconade County, MO. When that happens to you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and win you the full financial recovery you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Gasconade County and throughout Missouri more than $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 Gasconade County, MO today at (314) 500-HURT.

If you were hurt by a faulty product in Gasconade County, MO, find out the true value of your case by utilizing our complimentary personal injury calculator.



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

The Consumer Product Safety Commission estimates that hazardous products cause 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 dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable devastation an unsafe product can cause.

If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Gasconade County, MO for compassionate, dedicated and experienced support and legal counsel.

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

Under Missouri Revised Statute §537.760, you and your Gasconade County, MO defective products lawyer can make a "strict liability" claim if three conditions are true:

1. The company was part of the product's chain of distribution.
2. The product was used in a manner logically expected.
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 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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including the person or entity that sold you the product. 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 may avoid liability 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 threat of perjury that their only involvement in the process was selling it.
• No other party in the case submits evidence that the seller was involved in any other facet of the stream of commerce.
• The dismissal is requested to the court within 60 days.

If those conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. 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 is unable to compensate you for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every liable party is held responsible.

Missouri Revised Statute §537.764 provides one defense 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 will only work for for failure to warn product liability cases, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

The majority of personal injury lawsuits in Gasconade County, MO are won or lost based on the idea 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 duty, for instance if are injured by a fatigued truck driver they might be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or hazardous products claims are strict liability claims, meaning that anyone in the chain of distribution is liable for any injuries 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 Gasconade 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 it came into your possession.

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 fault to all products with the same design. An example is a toy intended for children that contains a choking hazard.
2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous 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 not properly fastening components to each other.
3. Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about innate 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. A manufacturer generally does not have to warn against risks that a reasonable person would foresee. For example, 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 procedures for verifying the safety of their products. Even so, too often corporations are negligent and spend more energy on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Gasconade County, MO will hold them responsible by conducting a full investigation of your case and demanding only full compensation.

Comparative Negligence in Defective Productions Claims in Gasconade County, MO

Manufacturers, vendors and anyone else in the stream of commerce 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 posit that you share 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 your injuries, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to get out their duty to pay you for the harm they have caused. Your Gasconade County, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative fault if the following situations apply:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor 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 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 diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
• You knew of inherent hazards of the product while you were using it. This is often referred to as "Assumption of the risk," a theory in tort claims wherein, 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
• You neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. 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 are your fault because you had not adhered to proper protocols.
• You failed to try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the financial recovery you are owed. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 — argue that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies use numerous deceitful tactics to try and lower your claim, but your Gasconade County, MO defective products lawyer at Burger Law knows how to combat them. We know these companies have a lot of money to throw at their defense 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 we collect a moderate percentage of the financial recovery you receive, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law right away at (314) 500-HURT for legal counsel that matches and eclipses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Gasconade County, MO

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

• Brakes
• Airbags
• Fuel systems
• Electrical systems
• Wheels
• Door latches
• Engine cooling fan blades

Offroad vehicles like 4-wheelers can also cause injuries, 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 Gasconade County, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Gasconade County, MO has seen cause further injuries to patients are:

• Artificial joints that can lead to infections, limited mobility, pain or frequent dislocations
• Pacemakers, which can result in infections or even wrongful death when they do not last as long as anticipated
• Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can result in perforated organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
• Permanent birth control implements that can puncture organs, lead to pelvic pain, excessive blood loss and unintended pregnancies

As the medical industry keeps implementing new technologies, the numbers of recalls issued for medical devices has increased exponentially. 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 stated that over the span of 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Gasconade County, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February 2022, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused incredible pain and permanent damage to potentially as many as 150,000 patients 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 continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Gasconade County, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must obey from manufacturing to delivery. 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 prescriptions reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies 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 Gasconade County, MO to stand up to these bullying corporations and make them realize that their conduct is deplorable.

Hundreds of thousands of 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 deteriorate because of irresponsible pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored 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 some sense of peace for the wrongful death of their loved one.

Other common defective products we file suit for in Gasconade 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 Gasconade County, MO knows that being harmed by a hazardous product can completely upend your life. That is why we strive to see the injured in Gasconade County and throughout Missouri get great compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on wining you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Gasconade 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 Gasconade County, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.