Defective Products Lawyer in Creve Coeur, MO.

Defective Products Lawyer in Creve Coeur, MO. If you or someone you love was injured by a dangerous product, get in touch with a Burger law defective products lawyer in Creve Coeur, MO immediately at (314) 500-HURT or fill out our online form for a free case review.

Imagine what you do every day: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit by a computer or work around heavy machinery, and/or use your android on and off throughout the day. You may go 4-wheeling on your days off. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of product that at one point was engineered, produced, shipped and purchased. When there is an error in the chain of distribution and a product becomes defective, it can have a devastating impact on Creve Coeur, MO individuals and families. When that happens to you, you need the expert and dedicated legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the full financial recovery you are owed.

In our In our 30 years of experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Creve Coeur and beyond over $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Creve Coeur, MO right away at (314) 500-HURT.

If you were hurt by a dangerous product in Creve Coeur, MO, discover how much your claim may be worth 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 Creve Coeur, 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?

Creve Coeur, MO Defective Products Statistics

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

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 shows the incredible devastation that can be caused when manufacturers and vendors do not follow proper safety measures.

If you or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in Creve Coeur, MO for empathetic, dedicated and experienced support and legal advocacy.

What is the Process for Defective Products Claims in Creve Coeur, MO?

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

1. The corporation was part of the product's stream of commerce.
2. The product was used in a way reasonably anticipated.
3. One or both of the following:
   1. The product was in a faulty condition that was unreasonably dangerous when the product was sold and your injuries are a direct result of that defect, and/or
   2. Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can avoid liability if:

• You discover who the manufacturer is, it has not closed their business and can afford to pay for the entirety of your damages.
• The seller makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
• No other party in the case submits evidence that the vendor took part in any other aspect of the design and manufacturing process.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are satisfied, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they had a larger role in the production of the product than they intimated, were otherwise to blame for the hazardous condition or the manufacturer is unable to compensate you 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 claim and ensure that every at-fault party is held accountable.

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 public. This defense is only applicable to for failure to warn 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 lawsuits in Creve Coeur, MO are decided by the conception of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Creve Coeur, MO patients with a standard of care. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they might be held accountable for your damages and would owe you a financial recovery.

By contrast, most product liability or defective products cases are strict liability claims, meaning that anyone in the chain of distribution is accountable for any injuries that stems from the reasonable use of a product, 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 Creve Coeur, 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 defect in the design that subsequently affects 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: A product can be designed effectively and safely but still become dangerous because of a failure in the manufacturing process. This can either affect only one product, 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 bugs or other contaminants found in beverages or a swing set with a cracked chain.
3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused injury because it did not give adequate instructions or warnings about innate risks. 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 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 incentivize corporations to implement exhaustive safety protocols for ensuring the safety of their products. However, too often companies do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Creve Coeur, MO will hold them accountable by conducting a full investigation of your case and insisting on only complete compensation.

Comparative Negligence in Defective Productions Claims in Creve Coeur, MO

Manufacturers, sellers 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 chain of distribution to posit that you are liable for a portion of your damages 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 to blame for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt a manufacturer makes to get out their responsibility to pay you for the damage their product did to you. Your Creve Coeur, 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 seller is only responsible for ensuring the product is safe for reasonable or predictable use. 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. 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 way 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 lower it but can significantly diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle wreck. 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 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 neglected to 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 recommended precautions.
• You failed to try to keep your damages to a minimum. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. 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 defense can — and will — work hard to persuade a jury that comparative fault applies to your claim, that does not mean they will be successful. Large corporations and insurance companies employ a variety of tricks to try and devalue your claim, but your Creve Coeur, 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. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the compensation you receive, and you owe us nothing until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal advocacy that parallels and eclipses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Creve Coeur, MO

Our defective products lawyer team sees in Creve Coeur, 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, in excess of 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 dangerous car components we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wiring
• Wheels
• Steering systems
• Engine cooling fan blades

Alternative 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 Creve Coeur, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us even more complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Creve Coeur, MO has seen cause further complications for patients include:

• Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or frequent dislocations
• Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
• Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can result in perforated 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, cause pelvic pain, excessive bleeding and unwanted pregnancies

As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the leading factor.

In 2017, the U.S. Health and Human Services Department reported that over the span of a decade Medicare paid out at least $1.5 billion to replace over 73,000 flawed heart devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a flawed medical device caused you injuries, your Creve Coeur, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive 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 intended to and have caused incredible pain and permanent damage to potentially 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 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 Creve Coeur, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must adhere to from manufacturing to delivery. 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. With no absolute independent testing many drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than 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 Creve Coeur, MO to stand up to these bullying corporations and make them realize that their behavior is unacceptable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or someone you care about received injuries because of careless pharmaceutical companies and corporations, call 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from their family too soon.

Other examples of dangerous products we collect compensation for our clients for in Creve Coeur, 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 Creve Coeur, MO knows that being harmed by a dangerous product can completely disrupt your life. That is why we have devoted our careers to seeing the injured in Creve Coeur and throughout Missouri be compensated 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 wining you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Creve Coeur, 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 Creve Coeur, MO today at (314) 500-HURT or contact us online to start on your journey to true healing.