Defective Products Lawyer in Bonne Terre, MO.

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

Think of your daily routine: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around technology, and/or use your iPhone throughout the day. You may drive go-carts on your free days. 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 at one point was designed, manufactured, packaged and sold. When there is a breakdown in the chain of distribution and a product becomes dangerous, it can have a disastrous impact on on your life and lives of those you love in Bonne Terre, MO. When that happens to you, you need the skilled and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and deliver you the best possible compensation you deserve.

In our In our 70 years of combined experience fighting for fairness and justice, we have gotten our clients in Bonne Terre and beyond in excess of $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Bonne Terre, MO right away at (314) 500-HURT.

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



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

The Consumer Product Safety Commission estimates that faulty products account for more than 29 million injuries and 21,000 fatalities every year.

Based on facts from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable 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 Bonne Terre, MO for compassionate, committed and skilled support and legal advocacy.

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

According to Missouri Revised Statute §537.760, you and your Bonne Terre, MO defective products lawyer can can hold a person or company responsible for your damages if three factors are true:

1. The company was involved in the product's chain of distribution.
2. The product was used in a manner logically foreseen.
3. Either or both of the following conditions:
   1. The product had a defective condition that was unreasonably hazardous 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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to sale, including a distributor or seller. 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 does business and is able to pay for the entirety of your damages.
• The entity that sold it makes an affidavit under oath that their only involvement in the stream of commerce was selling it.
• There is no evidence is presented to the court that the seller took part in any other facet of the design and manufacturing process.
• The motion to dismiss is filed within 60 days.

If those conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise at fault for the hazardous condition or the manufacturer is unable to pay for all of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation 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 defective products 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 claims in Bonne Terre, MO are based on the idea of negligence. We all have a duty to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Bonne Terre, MO roads. When someone fails in that duty, for instance if if you are misdiagnosed because of substandard medical attention they may be held liable for your damages and would have to pay you compensation.

However, most product liability or dangerous products cases come down to strict liability, meaning that anyone in the chain of distribution 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 Bonne Terre, 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 passes the flaw to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure in the manufacturing process. This can either only make one product dangerous, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
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 hazard 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 not advising an appropriate age range for children if a toy or game is a choking hazard. 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 incentivize corporations to implement thorough safety procedures for ensuring the safety of their products. Even so, too often corporations do not value our safety and spend more energy on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Bonne Terre, MO will fight on your behalf and insist on nothing but the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Bonne Terre, MO

Manufacturers, vendors and anyone else in the stream of commerce will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to argue that you are liable for a portion of the fault 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 at fault for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to avoid their duty to pay you for the harm they have caused. Your Bonne Terre, MO defective products lawyer at Burger Law sees through that. According to 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 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, 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. 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 reasonably 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 reduce 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 knew of inherent hazards of the product while you were using it. This is often called as "Assumption of the risk," a theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
• You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 failed 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 adhered to recommended safety measures.
• You failed to mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the financial recovery 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 the defense can — and will — work hard to persuade a jury that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ myriad deceitful tactics to try and lower your claim, but your Bonne Terre, 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. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Get in touch with Burger Law immediately at (314) 500-HURT for legal counsel that matches and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Bonne Terre, MO

Our defective products lawyer team sees in Bonne Terre, MO sees more defective vehicles than any other product, both because of how many people use them 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 parts. Defective car parts can cause accident and fires, and lead to further injuries when the safety components to not work as they should. Common defective car components we see are:

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

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 Bonne Terre, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more complications when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Bonne Terre, MO has seen cause further injuries to patients are:

• Artificial joints that can lead to infections, limited mobility, chronic soreness or recurring dislocations
• Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
• Surgical robots designed to operate on hard to reach areas which, when they do not work properly, can cause pierced organs, infections and electrical burns
• Blood clot filters that allow free-floating blood clots to invade the lungs
• Permanent birth control implements that can perforate organs, cause pelvic pain, abnormal bleeding and unwanted pregnancies

As the medical industry keeps inventing more and more advanced technologies, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to defects in software.

In 2017, the U.S. Health and Human Services Department reported that over the span of 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a faulty medical device caused you damages, your Bonne Terre, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes 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 lifelong damage to possibly as many as 150,000 people who had received the replacement joint. 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 view the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Bonne Terre, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must follow 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 drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people they are supposed to be helping. 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 Bonne Terre, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Hundreds of thousands of medications and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love had your condition worsen because of irresponsible pharmaceutical companies and corporations, reach out to 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 some sense of justice for the wrongful death of their loved one.

Other examples of defective products we see in Bonne Terre, 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 Bonne Terre, MO knows that being hurt by a dangerous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have committed our lives to seeing the injured in Bonne Terre 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 immediately start working on wining you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical toll your injury has taken on you and your Bonne Terre, MO family. We will fight 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 Bonne Terre, MO immediately at (314) 500-HURT or contact us online to start on your journey to true healing.