Defective Products Lawyer in Manchester, MO.

Defective Products Lawyer in Manchester, MO. If you or someone you love sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Manchester, MO today at (314) 500-HURT or fill out our online form for a free case review.

Imagine what you do every day: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around heavy equipment, and/or use your android throughout the day. You may use lawnmowers 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 has gone through various stages of design and production before it reaches the market. When there is a mistake in the stream of commerce and a product becomes defective, it can cause severe harm to you and your Manchester, MO family. If tragedy struck you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and win you the best possible compensation you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have delivered our clients in Manchester and beyond in excess of $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Manchester, MO right away at (314) 500-HURT.

If you were harmed by a defective product in Manchester, MO, see the true value of your case by filling out our free personal injury calculator.



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

Manchester, MO Defective Products Statistics

The Consumer Product Safety Commission states that defective products cause more than 29 million injuries and 21,000 fatalities annually.

According to facts from the Insurance Information Institute, in 2019 the mean average that juries awarded plaintiffs in product liability claims was over $7 million, while the median was $2 million. That shows the unbelievable devastation that can be caused when manufacturers and vendors do not obey the rules.

If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Manchester, MO for empathetic, devoted and expert support and legal advocacy.

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

Under Missouri Revised Statute §537.760, you and your Manchester, MO defective products lawyer can can hold a person or corporation responsible for your damages if three conditions are true:

1. The person was part of the product's chain of distribution.
2. The product was used in a manner rationally anticipated.
3. Either or both of the following conditions:
   1. The product had a faulty condition that was unreasonably dangerous when you bought the product that caused you direct harm, and/or
   2. You were injured because there was a dangerous 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 going to the market, from initial conception to purchase, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may be dismissed from the case if:

• The manufacturer is known, has not closed their business and is financially capable of reimbursing you for the entirety of your damages.
• The distributor signs an affidavit under oath that their only involvement in the process was selling it.
• No other party in the case submits evidence that the seller took part in any other part of the chain of distribution.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are met, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they led on, were otherwise responsible for the defect or the manufacturer is unable to reimburse you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable party is held responsible.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only applicable to 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 cases in Manchester, MO are based on the idea 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 example if if you are misdiagnosed because of substandard medical attention they can be held accountable for your damages and would have to pay you a financial recovery.

However, most product liability or hazardous products claims are strict liability claims, meaning that anyone in the chain of distribution is at fault for any injuries that results 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 Manchester, 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 innate flaw in the design that afterwards passes the imperfection to all products with the same design. An example is an electrical appliance that can overheat and cause fires.
2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure 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 leaving sharp edges on plastic or other materials.
3. Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This occurs when the product was not defective 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product generally does not have to warn against dangers that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to encourage corporations to implement exhaustive safety procedures for ensuring that their products will not pose a danger to the public. However, too often companies are negligent and try to focus more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Manchester, MO will hold them responsible by conducting a full investigation of your case and demanding only complete compensation.

Comparative Negligence in Defective Productions Claims in Manchester, MO

A common defense for manufacturers in a dangerous product case is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to posit that you share a portion of your damages 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 at fault for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to get out their duty to pay you for the damage their product did to you. Your Manchester, MO defective products lawyer at Burger Law will not let them get away with it. 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 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, standing on one to reach something is common. 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 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 happening.
• You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly decrease it but can significantly reduce it. Suppose 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 called 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, 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 make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously injured doing such a thing.
• You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce 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 are your fault because you had not followed proper protocols.
• You failed to try to keep your damages to a minimum. 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 compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 — work hard to persuade a jury that comparative negligence applies to your lawsuit, that does not mean the claim is automatically true. Large corporations and insurance companies employ numerous tricks to try and lower your claim, but your Manchester, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the compensation you collect, and you owe us nothing until we win your case. Get in touch with Burger Law right away at (314) 500-HURT for legal representation that parallels and surpasses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Manchester, MO

Our defective products lawyer team sees in Manchester, 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 parts. Defective car parts can lead to crashes and fires, and fail to protect occupants from harm as intended. Common faulty car components we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wiring
• Tires
• Steering systems
• Engine cooling fan blades

Offroad vehicles like 4-wheelers 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 Manchester, MO

Medical devices are intended to improve the lives of the people who need them. 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 Manchester, MO has seen be defective include:

• Artificial joints that can cause infections, limited mobility, pain or frequent dislocations
• Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as anticipated
• Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause pierced organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control implements that can pierce organs, cause pelvic pain, abnormal bleeding 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, with software issues being the chief factor.

In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare had to spend at least $1.5 billion to replace over 73,000 defective heart devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of helping us. If a faulty medical device ended up aggravating your condition, your Manchester, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements 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 patients who had received the replacement joint. 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 read our original complaint here:

View Complaint

Defective Drug Lawyer in Manchester, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must follow from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. 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 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 Manchester, MO to stand up to these bullying corporations and let them know that their conduct is deplorable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or a loved one had your condition worsen because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer as soon as possible. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

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

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

Every Burger Law defective products lawyer in Manchester, MO knows that being injured by a dangerous product can completely disrupt your life. That is why we strive to see the injured in Manchester and throughout Missouri be compensated 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 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 Manchester, MO family. We will stand 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 Manchester, MO today at (314) 500-HURT or contact us online to take the first step toward being made whole again.