Defective Products Lawyer in Arnold, MO.

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

Imagine what you do every day: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on your bike, sit by a computer or work around technology, and/or use your cell phone at various times during the day. You may go boating on your free days. 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 engineered, produced, shipped and purchased. When there is a mistake in the stream of commerce and a product becomes defective, it can have a ruinous effect on Arnold, MO individuals and families. If tragedy struck you, you need the skilled and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and deliver you the great compensation you deserve.

In our In our 30 years of experience standing up for fairness and justice, we have won our clients in Arnold and throughout Missouri over $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Arnold, MO immediately at (314) 500-HURT.

If you were harmed by a defective product in Arnold, MO, find out how much your claim may be worth by utilizing our complimentary personal injury calculator.



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Arnold, 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 Arnold, MO?

The Consumer Product Safety Commission states that dangerous products cause 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 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 destruction that can be caused when manufacturers and distributors do not obey proper safety measures.

If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Arnold, MO for passionate, dedicated and expert support and legal counsel.

How Defective Products Claims Work in Arnold, MO

Pursuant to Missouri Revised Statute §537.760, you and your Arnold, MO defective products lawyer can file a "strict liability" suit if three conditions are met:

1. The person was involved in the product's stream of commerce.
2. You used the product in a way easily expected.
3. Either or both of the following conditions:
   1. The product was in a faulty condition that was unreasonably dangerous when it left the manufacturer's or seller's and your injuries are a direct result of that defect, 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 sale, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can avoid liability if:

• The manufacturer is known, still exists and is financially capable of reimbursing you for the entirety of your injuries.
• The distributor makes an affidavit under oath that their only involvement in the stream of commerce was selling it.
• There is no evidence is submitted to the court that the seller was involved in any other part of the chain of distribution.
• The dismissal is requested to the court within 60 days.

If the above conditions are satisfied, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise responsible for the fault or the manufacturer is unable to pay for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim 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 completely understood before use by the consumer. This defense is only valid for inadequate warning 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 claims in Arnold, MO are won or lost based on the concept of negligence. We all owe each other a duty of care in certain situations; for example, Arnold, MO dog owners must always have control of their dog. When someone is negligent, for example if are injured by a fatigued truck driver they can be found accountable for your damages and would have to pay you a financial recovery.

By contrast, most product liability or defective products cases are strict liability claims, meaning that a designer, manufacturer or vendor is accountable for any damage that stems from 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 Arnold, 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 affects all of that product model that go on to be manufactured. 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 dangerous because of mistakes in the manufacturing process. This can either only make one product faulty, 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 bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
3. Inadequate Warnings and Instructions: 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 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product typically 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 meant to encourage corporations to implement thorough safety protocols for ensuring that their products will not put the people who use it at risk. However, too often corporations do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Arnold, MO will fight on your behalf and demand only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Arnold, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for those in the chain of distribution to argue that you are liable for a portion of the fault and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to eschew their duty to reimburse you for the damage their product did to you. Your Arnold, MO defective products lawyer at Burger Law sees through that. Under 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 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, 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. 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 that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly diminish it but can significantly diminish 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 knew of inherent risks of the product while you were using it. This is often called as "Assumption of the risk," a concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
• You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. 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. 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 proper protocols.
• You did not 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 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 stream of commerce can — and will — work hard to persuade a jury that comparative fault applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies use myriad deceitful tactics to try and devalue your claim, but your Arnold, MO defective products lawyer at Burger Law knows how to effectively counterattack. 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 compensation you are awarded, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal counsel that parallels and eclipses that of bullying manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Arnold, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Arnold, MO. 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 crashes and fires, and fail to protect drivers and passengers from harm as intended. Common faulty automobile components we see are:

• Brakes
• Airbags
• Ignitions
• Electrical systems
• Wheels
• Door latches
• Headlights and taillights

Offroad vehicles like ATVs can also cause harm, 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 Arnold, 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 Arnold, MO has seen cause further complications for patients include:

• Artificial hips, knees or other joints that can result in infections, limited mobility, pain or repeated dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Surgical robots intended to operate on hard to reach areas which, when faulty, can lead to pierced organs, infections and internal burns
• Blood clot filters that allow free-floating blood clots to invade the lungs
• Permanent birth control implements that can perforate organs, cause pain in the pelvic region, excessive bleeding and unintended pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have gone up exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the leading cause.

In 2017, the U.S. Health and Human Services Department found that throughout 10 years Medicare had to spend at least $1.5 billion to replace over 73,000 defective 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 Arnold, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to deteriorate too quickly and have caused unthinkable pain and lifelong damage to possibly 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 continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Arnold, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must obey from manufacturing to sale. 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 without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies put profit 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 Arnold, MO to stand up to these bullying corporations and make them realize that their behavior is unacceptable.

Four thousand five hundred drugs and medical devices are recalled in the U.S. annually, 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 careless pharmaceutical companies and corporations, 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 they have caused. 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 examples of defective products we collect compensation for our clients for in Arnold, MO include:

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

Every Burger Law defective products lawyer in Arnold, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we strive to see the injured in Arnold and throughout Missouri collect maximum compensation 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 wining you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your Arnold, 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 Arnold, MO immediately at (314) 500-HURT or contact us online to start on the path to being made whole again.