Defective Products Lawyer in Chesterfield, MO.

Defective Products Lawyer in Chesterfield, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Chesterfield, MO right away at (314) 500-HURT or fill out our online form for a free case evaluation.

Imagine what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit at in a chair or work around heavy machinery, and/or use your android throughout the day. You may go boating on your days off. 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 at one point was designed, produced, packaged and bought. When there is a mistake in the chain of distribution and a product becomes hazardous, it can have a disastrous impact on on your life and lives of those you love in Chesterfield, MO. When that happens to you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and get you the full financial recovery you are owed.

In our In our 70 years of combined experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Chesterfield and throughout Missouri over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Chesterfield, MO immediately at (314) 500-HURT.

If you were injured by a defective product in Chesterfield, MO, learn the true value of your claim by filling out our free personal injury calculator.



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

Chesterfield, MO Defective Products Statistics

The Consumer Product Safety Commission states that dangerous products cause over 29 million injuries and 21,000 deaths each year.

According to data 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 unbelievable devastation that can be caused when manufacturers and vendors do not adhere to proper safety measures.

If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in Chesterfield, MO for empathetic, committed and experienced support and legal advocacy.

How Defective Products Claims Work in Chesterfield, MO

Pursuant to Missouri Revised Statute §537.760, you and your Chesterfield, MO defective products lawyer can can hold a person or company at fault for your damages if three conditions are true:

1. The person was involved in the product's chain of distribution.
2. You used the product in a way rationally expected.
3. One or both of the following:
   1. The product was in a faulty condition that was unreasonably dangerous when it left the manufacturer's or vendor's and your injuries are a direct result of that defect, 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 going to the market, from initial design to sale, including a distributor or vendor. According to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may be dismissed from the suit if:

• You discover who the manufacturer is, it still does business and is financially capable of reimbursing you for all of your injuries.
• The seller makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• No other party in the case comes forward with evidence that the distributor took part in any other part of the chain of distribution.
• The motion to dismiss is filed within 60 days.

If those conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they had a larger role in the production of the product than they implied, were otherwise at fault for the dangerous condition or the manufacturer is unable to pay for the entirety of your injuries, 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 that they owe you.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be entirely understood before use by the public. This defense will only work for for failure to warn product liability claims, and the burden of proof is on the defense.

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

Most personal injury lawsuits in Chesterfield, MO are won or lost based on the idea of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Chesterfield, MO roads. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they may be found responsible for your damages and would have to pay you compensation.

However, most product liability or hazardous products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault for any damage a product causes, whether they were negligent or not. 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 Chesterfield, 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 got into your hands.

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 imperfection in the design that subsequently affects all products with the same design. 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 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 installing outdated components or using the wrong kind of screws or bolts.
3. Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about inherent risks. 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. A manufacturer generally 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 thorough safety protocols for verifying the safety of their products. Even so, too often companies are negligent 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 Chesterfield, MO will hold them responsible by conducting a full investigation of your case and insisting on only maximum compensation.

Comparative Negligence in Defective Productions Claims in Chesterfield, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the principle of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to put forth the defense that you share a portion of the fault and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt an entity involved in the chain of distribution makes to eschew their obligation to reimburse you for the damage their product did to you. Your Chesterfield, 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 way the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect a consumer 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 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 reduce it but can significantly decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto crash. 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 referred to 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, 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 say that any reasonable person would have known that they could be seriously hurt doing such a thing.
• 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 using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you 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 keep your damages as low as you reasonable can. For example, you cannot seek unnecessary medical treatment. 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 defense can — and will — work hard to persuade a jury that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use myriad tricks to try and lower your claim, but your Chesterfield, 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 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 you owe us nothing 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 bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Chesterfield, MO

Our defective products lawyer team sees in Chesterfield, 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, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause crashes and fires, and fail to protect occupants from harm as intended. Common faulty automobile parts we see are:

• Brakes
• Airbags
• Ignitions
• Electrical systems
• Tires
• Seats
• Accelerators

Offroad vehicles like 4-wheelers can also cause injuries, 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 Chesterfield, 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 implanted correctly. Common medical devices that your Burger Law defective products lawyer in Chesterfield, MO has seen cause further complications for patients include:

• Artificial hips, knees or other joints that can cause infections, limited mobility, chronic soreness or repeated dislocations
• Pacemakers, which can result in infections or even wrongful death because of premature failures
• Surgical robots intended 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 dislodged blood clots
• Permanent birth control devices that can perforate organs, cause pain in the pelvic region, abnormal hemorrhaging and unwanted pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the number one cause.

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

In February 2022, Exactech, a company that manufactures implants and 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 intended to and have caused incredible pain and lifelong damage to possibly as many as 150,000 people 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 our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Chesterfield, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must obey from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. With no absolute third-party testing many prescriptions reach the shelves whose potential side effects greatly outweigh their 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 Chesterfield, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Four thousand five hundred medications 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 a family member sustained injuries because of irresponsible pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by securing you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from their family too soon.

Other examples of defective products we see in Chesterfield, 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 Chesterfield, MO knows that being injured by a dangerous product can completely upend your life. That is why we endeavor to see the vulnerable in Chesterfield and throughout Missouri receive the best possible compensation for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we immediately start working on securing you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical hardships your injury has taken on you and your Chesterfield, MO family. You do not have to go through this alone, and the big corporations do not have to win every time. Call a Burger Law defective products lawyer in Chesterfield, MO now at (314) 500-HURT or contact us online to take the first step toward true healing.