Defective Products Lawyer in Ballwin, MO.

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

Imagine what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around machines, and/or use your android on and off throughout the day. You may use lawnmowers on your free days. You may even have a prosthetic limb 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 breakdown in the stream of commerce and a product becomes defective, it can have a disastrous impact on on your life and lives of those you love in Ballwin, MO. When that happens to you, you need the accomplished and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the best possible financial recovery you deserve.

In our 30 years of negotiation, litigation and trial experience, we have gotten our clients in Ballwin and throughout Missouri more than $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Ballwin, MO right away at (314) 500-HURT.

If you were hurt by a defective product in Ballwin, MO, find out the true value of your case by using our free personal injury calculator.



Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Ballwin, 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?

Ballwin, MO Defective Products Statistics

The Consumer Product Safety Commission has found that defective products cause in excess of 29 million injuries and 21,000 deaths each year.

Based on facts from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme ruin an unsafe product can cause.

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

How Defective Products Claims Work in Ballwin, MO

According to Missouri Revised Statute §537.760, you and your Ballwin, MO defective products lawyer can make a "strict liability" claim if three factors are met:

1. The person was involved in the product's chain of distribution.
2. You used the product in a way rationally foreseen.
3. One or both of the following:
   1. The product had a defective condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to purchase, including a distributor or vendor. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can be dismissed from the claim if:

• The manufacturer is known, still exists and is able to compensate you for all of your damages.
• The distributor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• There is no evidence is presented to the court that the vendor took part in any other aspect of the chain of distribution.
• The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the above conditions are satisfied, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise to blame for the dangerous condition or the manufacturer is unable to pay 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 you get the great compensation that they owe you.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense will only work for for failure to warn product liability lawsuits, and the burden of proof is on the defense.

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

Most personal injury cases in Ballwin, MO depend on the notion of negligence. We all have a duty to each other's safety in certain situations; for example, doctors must treat their Ballwin, MO patients with a standard of care. When someone fails in that responsibility, for instance if sustain an injury because you were hit by a distracted driver they might be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or defective products cases come down to strict liability, meaning that a designer, manufacturer or vendor is liable for any injuries 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 Ballwin, 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 defect in the design that subsequently 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, 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 a swing set with a cracked chain.
3. Inadequate Warnings and Instructions: This occurs when the product was not hazardous through design or manufacture, but rather 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. A manufacturer typically does not have to warn against obvious risks. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to encourage corporations to implement comprehensive safety procedures for verifying the safety of their products. Even so, too often companies do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Ballwin, MO will hold them responsible by conducting a full investigation of your case and demanding only maximum compensation.

Comparative Negligence in Defective Productions Claims in Ballwin, MO

An oft-used defense for manufacturers in a dangerous product lawsuit is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the chain of distribution to put forth the argument that you are responsible for a portion of your injuries and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for the accident, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt an entity involved in the chain of distribution makes to eschew their responsibility to reimburse you for the harm they have caused. Your Ballwin, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may say you shoulder 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 distributor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. 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 happening.
• 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 considerably reduce it but can significantly lower 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 referred to 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 say that any reasonable person would have known that they could be seriously injured doing such a thing.
• You failed to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you 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 amount of compensation you are owed. 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 vendor can — and will — try to convince the court that comparative negligence applies to your injuries, that does not mean they will be successful. Large corporations and insurance companies implement a lot of dishonest ruses to try and minimize your claim, but your Ballwin, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. 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 you get the great compensation you deserve. Call Burger Law right away at (314) 500-HURT for legal representation that parallels and eclipses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Ballwin, MO

Our defective products lawyer team sees in Ballwin, 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, more than 53.1 million recalls were issued both for entire vehicles and individual components. 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
• Electrical wires
• Tires
• Door latches
• Accelerators

Offroad vehicles like 4-wheelers can also cause harm, for instance many of them are prone to flipping 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 Ballwin, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Ballwin, MO has seen cause further complications for patients are:

• Artificial joints that can cause infections, instability, chronic soreness or recurring dislocations
• Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
• Surgical robots designed to operate on hard to reach areas which, when faulty, can lead to punctured organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can puncture organs, result in pelvic pain, excessive blood loss and unwanted pregnancies

As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the leading cause.

In 2017, the U.S. Health and Human Services Department announced that throughout a decade Medicare spent 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 immense pain instead of easing it. If a defective medical device ended up worsening your condition, your Ballwin, 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, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements deteriorate 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 are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Ballwin, MO

The Federal Drug Administration has firm procedures 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 care more about the money they make more than 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 Ballwin, MO to stand up to these bullying corporations and let them know that their conduct is unacceptable.

Four thousand five hundred medications and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about received injuries because of careless pharmaceutical companies and corporations, get in touch with 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 they have caused. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other examples of dangerous products we collect compensation for our clients for in Ballwin, 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 Ballwin, MO knows that being hurt by a hazardous product can completely upend your life. That is why we endeavor to see the injured in Ballwin 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 wining you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical toll your injury has inflicted on you and your Ballwin, 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 Ballwin, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.