Defective Products Lawyer in Warren County, MO.

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

Imagine what you do every day: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work in your car, sit at in a chair or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may go boating on the weekend. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of product that had to be designed, manufactured, packaged and bought. When there is an oversight in the chain of distribution and a product becomes hazardous, it can have a disastrous effect on on your life and lives of those you love in Warren County, MO. If tragedy struck you, you need the skilled and devoted legal services of Burger Law's defective products lawyer team to stand by your side and secure you the maximum compensation you are owed.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in Warren County and beyond over $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 Warren County, MO right away at (314) 500-HURT.

If you were harmed by a faulty product in Warren County, MO, find out how much your claim may be worth by filling out our free personal injury calculator.



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

The Consumer Product Safety Commission has found that hazardous products result in 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 juries awarded plaintiffs in product liability claims was over $7 million, while the median was $2 million. That shows the unbelievable destruction that can be caused when manufacturers and distributors do not follow proper safety measures.

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

How Defective Products Claims Work in Warren County, MO

Pursuant to Missouri Revised Statute §537.760, you and your Warren County, MO defective products lawyer can can hold a person or corporation accountable for your damages if three factors are met:

1. The defendant was involved in the product's stream of commerce.
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 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 that took part in the product coming to fruiting and going to the market, from initial design to purchase, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the case if:

• The manufacturer is known, still exists and is able to reimburse you for the entirety of your damages.
• The distributor 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 distributor took part in any other aspect of the stream of commerce.
• The dismissal is requested to the court no later than 60 days after the complaint is filed.

If the above conditions are met, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise liable for the hazardous condition or the manufacturer is unable to compensate you for the entirety of your injuries, 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 has an exception 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 valid for failure to warn product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

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

Most personal injury suits in Warren County, MO depend on the conception of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that responsibility, for example if if you are misdiagnosed because of substandard medical attention they might be held accountable for your damages and would have to pay you compensation.

However, most product liability or defective products cases are determined by strict liability, meaning that anyone in the chain of distribution is at fault for any damage that results the reasonable use of a product, 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 Warren 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 — 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 inherent flaw in the design that subsequently passes the defect 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: This refers to a product that was safe in its design but became unsafe because of mistakes 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 incorrectly installing wires or electrical components or using the wrong kind of screws or bolts.
3. Inadequate 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 hazard that could arise 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. The company that makes a product generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety protocols for ensuring that their products will not pose a danger to the public. Even so, too often corporations do not value our safety and try to focus more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Warren County, MO will fight by your side and demand nothing but the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Warren County, MO

Manufacturers, distributors 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 posit that you are liable for a portion of your injuries and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent to blame for the accident, you will only receive $70,000. Often, claims of comparative fault are a disingenuous attempt a manufacturer makes to avoid their obligation to reimburse you for the harm they have caused. Your Warren County, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may say 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 has to make a product safe for ways that they can expect the public to use it. 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 way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to completely avoid liability but can significantly diminish 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 called as "Assumption of the risk," a concept in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
• 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 neglected to take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries are your fault because you had not followed recommended safety measures.
• You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to keep your damages as low as you reasonable can. 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 seller can — and will — assert that you share part of the blame, that does not mean the claim is automatically true. Bullying corporations and insurance companies implement a variety of dishonest ruses to try and minimize your claim, but your Warren County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you and try to take advantage of people who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you receive, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal representation that parallels and surpasses that of resistant manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Warren County, MO

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

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Tires
• Steering systems
• Headlights and taillights

Alternative vehicles like 4-wheelers can also cause harm, 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 Warren County, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Warren County, MO has seen be defective include:

• Artificial hips, knees or other joints that can result in infections, instability, pain or repeated 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 lead to 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 perforate organs, lead to pelvic pain, excessive hemorrhaging and unwanted pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to issues with software.

In 2017, the U.S. Health and Human Services Department found that over the span of 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of improving our lives. If a defective medical device caused you injuries, your Warren County, 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused unthinkable pain and permanent damage to possibly 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 are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Warren 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. That means that many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over 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 Warren County, MO to stand up to these bullying corporations and let them know that their conduct is deplorable.

Four thousand five hundred 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 someone you love had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer now. 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 held opioid manufacturers responsible when their actions have taken someone from their family too soon.

Other common defective products we file suit for in Warren County, 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 Warren County, MO knows that being harmed by a faulty product can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Warren County and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on securing you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical toll your injury has inflicted on you and your Warren County, MO family. We will fight 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 Warren County, MO immediately at (314) 500-HURT or contact us online to take the first step toward being made whole again.