Defective Products Lawyer in Aurora, MO.

Defective Products Lawyer in Aurora, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Aurora, MO immediately at (314) 500-HURT or fill out our online form for a free case evaluation.

Think of what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around technology, and/or use your iPhone on and off throughout the day. You may go boating on your free days. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of product that had to be engineered, produced, shipped and purchased. When there is an oversight in the chain of distribution and a product becomes defective, it can have a devastating impact on Aurora, MO individuals and families. If tragedy struck you, you need the expert and dedicated legal representation of Burger Law's defective products lawyer team to fight on your behalf and get you the best possible compensation you are owed.

In our three decades of negotiation, litigation and trial experience, we have won our clients in Aurora and beyond over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Aurora, MO now at (314) 500-HURT.

If you were hurt by a faulty product in Aurora, MO, discover how much your claim may be worth by utilizing our free personal injury calculator.



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

Aurora, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that dangerous products cause more than 29 million injuries and 21,000 deaths annually.

Based on 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 speaks to the extreme devastation that can be caused when manufacturers and distributors do not obey proper safety measures.

If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Aurora, MO for passionate, dedicated and talented support and legal advocacy.

How Defective Products Claims Work in Aurora, MO

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

1. The corporation was part of the product's stream of commerce.
2. The product was used in a manner reasonably 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 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 "chain of distribution" refers to anyone involved in the product from initial design to purchase, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the suit if:

• You discover who the manufacturer is, it still does business and can afford to pay for the entirety of your damages.
• The distributor signs an affidavit under threat of perjury 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 part of the design and manufacturing process.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above 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 engineering of the product than they intimated, were otherwise at fault for the hazardous condition or the manufacturer is unable to pay for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery you are owed.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense is only applicable to for failure to warn product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury lawsuits in Aurora, MO depend on the notion of negligence. We all have an obligation to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Aurora, MO roads. When someone is negligent, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found responsible for your damages and would owe you compensation.

By contrast, most product liability or hazardous products cases are determined by strict liability, meaning that a designer, manufacturer or vendor is accountable for any injuries 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 Aurora, 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 imperfection in the design that afterwards affects all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
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, 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. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: This occurs when the product was not hazardous 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 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 typically does not have to warn against obvious risks. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety protocols for verifying the safety of their products. However, too often companies do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Aurora, MO will hold them responsible by conducting a full investigation of your case and demanding only the best possible compensation.

Comparative Negligence in Defective Productions Claims in Aurora, MO

A common defense for manufacturers in a defective products claim is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to argue that you are liable for a portion of the fault and, therefore, they are not liable 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 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 obligation to pay you for the damage their product did to you. Your Aurora, 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 seller 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 to be sat on, 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 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 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 decrease it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto accident. A pharmaceutical company could reasonably see 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 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you make custom modification to your car's engine despite not being a mechanic. 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 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 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 seek compensation for medical treatment for injuries that have nothing to do with. 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 claim, that does not mean the claim is automatically true. Bullying corporations and insurance companies implement myriad dishonest ruses to try and minimize your claim, but your Aurora, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations 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 get paid a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until you get the great compensation you deserve. Call Burger Law now at (314) 500-HURT for legal advocacy that rivals and surpasses that of bullying manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Aurora, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Aurora, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to collisions and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous car components we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Tires
• Door latches
• Accelerators

Alternative vehicles like ATVs 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 Aurora, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Aurora, MO has seen cause further complications for patients include:

• 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 parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause punctured organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
• Permanent birth control devices that can pierce organs, lead to pain in the pelvic region, excessive hemorrhaging and unwanted pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of issues with software.

In 2017, the U.S. Health and Human Services Department found that over the span of a decade Medicare had to spend at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Aurora, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to deteriorate too quickly and have caused incredible pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was contacted 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 the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Aurora, MO

The Federal Drug Administration has stringent protocols for the testing, labeling, packaging and shipping of prescription drugs. 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 put profit over the safety of the people who need medicine and treatments that truly help their condition. Currently, it is usually the pharmaceutical company's decision if they will recall a drug that has found to have dangerous side effects. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Aurora, MO to stand up to these bullying corporations and let them know that their behavior is unacceptable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you care about sustained injuries 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 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 common defective products we collect compensation for our clients for in Aurora, 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 Aurora, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Aurora 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 expenses and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Aurora, 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 Aurora, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.