Defective Products Lawyer in Crystal City, MO.

Defective Products Lawyer in Crystal City, MO. If you or someone you love was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Crystal City, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Imagine what your daily like looks like: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around heavy equipment, and/or use your cell phone throughout the day. You may go 4-wheeling on your days off. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the buyer. When there is an error in the chain of distribution and a product becomes defective, it can have a devastating impact on Crystal City, MO individuals and families. When that happens to you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to stand in your corner and get you the maximum compensation you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in Crystal City and beyond more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Crystal City, MO today at (314) 500-HURT.

If you were harmed by a faulty product in Crystal City, MO, discover the true value of your claim by using our free personal injury calculator.



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

The Consumer Product Safety Commission has found that dangerous products account for more than 29 million injuries and 21,000 deaths annually.

According to 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 speaks to the unbelievable devastation that can be caused when manufacturers and distributors do not follow adequate safety protocols.

If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Crystal City, MO for empathetic, committed and talented support and legal advocacy.

How Defective Products Claims Work in Crystal City, MO

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

1. The corporation was part of the product's stream of commerce.
2. You used the product in a way logically foreseen.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably hazardous when it left the manufacturer's or distributor's that was the proximate cause of your injuries, 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 "stream of commerce" refers to anyone involved in the product from initial conception 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 be dismissed from the claim if:

• You discover who the manufacturer is, it has not closed their business and can afford to pay for all of your damages.
• The vendor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
• No other party in the case submits evidence that the distributor was involved in any other aspect of the design and manufacturing process.
• The dismissal is requested to the court within 60 days.

If those conditions are satisfied, 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 design or manufacture of the product, were otherwise at fault for the dangerous condition or the manufacturer cannot pay for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great financial recovery you deserve.

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

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury claims in Crystal City, MO are won or lost based on the concept of negligence. We all have an obligation to each other's safety in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall 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 determined by strict liability, meaning that a designer, manufacturer or vendor 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 Crystal City, 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 passes the fault to all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
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 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 installing outdated components or not properly fastening components to each other.
3. Failure to Warn of Known Risks or Dangers 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 come about from normal use of the product. 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 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 hold corporations accountable and persuade them to implement comprehensive safety protocols for guaranteeing the safety of their products. However, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Crystal City, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but complete compensation.

Comparative Negligence in Defective Productions Claims in Crystal City, MO

An oft-used defense for manufacturers in a product liability case is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to posit that you are liable for a portion of your injuries and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable 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 responsibility to reimburse you for the damage their product did to you. Your Crystal City, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances apply:

• You did not use the product in a way 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, standing on one to reach something is common. 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 are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not reasonably 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 decrease it but can considerably decrease 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 knew of inherent risks of the product while you were using it. This is often referred to as "Assumption of the risk," a principle in tort claims whereby, 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 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 say that any reasonable person would have known that they could be seriously hurt doing such a thing.
• You failed to take necessary safety precautions. 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 followed recommended precautions.
• You failed to mitigate your damages. In any personal injury claim, you have a duty 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 manufacturer or distributor can — and will — work hard to persuade a jury that comparative fault applies to your claim, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies employ a lot of dishonest ruses to try and devalue your claim, but your Crystal City, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the compensation you collect, and we do not collect any attorney's fees until you get the great compensation you deserve. Call Burger Law immediately at (314) 500-HURT for legal counsel that rivals and exceeds that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Crystal City, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Crystal City, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause wrecks and fires, and fail to protect occupants from harm as intended. Common dangerous car parts we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Wheels
• Door latches
• Engine cooling fan blades

Offroad vehicles like ATVs can also cause damage, 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 Crystal City, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Crystal City, MO has seen cause further injuries to patients are:

• Artificial hips, knees or other joints that can cause infections, limited mobility, pain or recurring dislocations
• Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
• Robotic surgical assistants designed to operate on hard to reach areas which, when they do not work properly, can result in punctured organs, infections and internal burns
• Blood clot filters that permit dislodged blood clots to slip into the lungs
• Permanent birth control devices that can puncture organs, result in pelvic pain, excessive blood loss and unintended pregnancies

As the medical industry keeps inventing new technologies, the numbers 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 chief factor.

In 2017, the U.S. Health and Human Services Department found that throughout 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 mitigate pain and extend our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Crystal City, MO defective injuries lawyer at Burger Law will hold the at-fault 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, 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 unthinkable pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to return their mobility. 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 here:

View Complaint

Defective Drug Lawyer in Crystal City, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must adhere to 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 market. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people who need medicine and treatments that are truly effective. 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 Crystal City, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Hundreds of thousands of drugs 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 a family member had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. 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 dangerous products we see in Crystal City, MO include:

• Children's toys
• Chemicals such as cleaning products
• Baby powder
• Household appliances
• Industrial equipment
• Cell phone batteries
• Beauty products

Every Burger Law defective products lawyer in Crystal City, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have committed our careers to seeing the vulnerable in Crystal City 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 getting you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Crystal City, 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 Crystal City, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.