Defective Products Lawyer in De Kalb, MO.

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

Think of your daily routine: You may have put on some lotion or hair gel 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 iPhone on and off throughout the day. You may use lawnmowers on the weekend. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of technology that had to be engineered, produced, packaged and sold. When there is a mistake in the chain of distribution and a product becomes dangerous, it can cause severe injuries to you and your De Kalb, MO family. If tragedy struck you, you need the experienced and committed legal services 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 standing up for fairness and justice, we have delivered our clients in De Kalb and throughout Missouri in excess of $170 million. Our initial case evaluations 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 De Kalb, MO immediately at (314) 500-HURT.

If you were harmed by a faulty product in De Kalb, MO, learn how much your claim may be worth by utilizing our free personal injury calculator.



The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in De Kalb, 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?

De Kalb, MO Defective Products Statistics

The Consumer Product Safety Commission has found that hazardous products result in more than 29 million injuries and 21,000 deaths annually.

Based on statistics 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 extreme destruction an unsafe product can cause.

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

What is the Process for Defective Products Claims in De Kalb, MO?

According to Missouri Revised Statute §537.760, you and your De Kalb, MO defective products lawyer can can hold a person or company at fault for your damages if three factors are met:

1. The person was part of the product's stream of commerce.
2. You used the product in a manner rationally foreseen.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, and/or
   2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

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 purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may avoid liability if:

• You discover who the manufacturer is, it has not closed their business and is financially capable of compensating you for the entirety of your injuries.
• The entity that sold it makes an affidavit under oath that they had nothing to do with the product beyond selling it.
• No other party in the case comes forward with evidence that the vendor took part in any other facet of the stream of commerce.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they intimated, were otherwise responsible for the fault or the manufacturer is unable to reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every to-blame party is held accountable.

Missouri Revised Statute §537.764 has an exception 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 inadequate warning defective products 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 cases in De Kalb, MO are determined by the idea of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, De Kalb, MO dog owners must always have control of their dog. When someone fails in that duty, for instance if if you are misdiagnosed because of substandard medical attention they may be held responsible for your damages and would owe you a financial recovery.

However, most product liability or hazardous products cases are strict liability claims, 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 De Kalb, 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 afterwards passes the defect to all products with the same design. An example is a toy intended for children that contains a choking hazard.
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, 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 bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
3. Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: 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 a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product typically does not have to warn against dangers that a reasonable person would anticipate. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety protocols for ensuring the safety of their products. Even so, too often corporations do not value our safety and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in De Kalb, MO will fight on your behalf and insist on nothing but a complete financial recovery.

Comparative Negligence in Defective Productions Claims in De Kalb, MO

Manufacturers, sellers 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 seller to posit that you are responsible for a portion of your damages and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to avoid their obligation to reimburse you for the damage their product did to you. Your De Kalb, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may say you bear 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 way the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. On the other hand, if you use a loaded rifle to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that use of the product.
• You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to totally avoid liability but can significantly reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. A pharmaceutical company could reasonably see 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 called as "Assumption of the risk," a principle in tort claims wherein, if the injured party was aware of risks, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. 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 ethically bound 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 you have no right to ask them for money they do not owe you.

Just because the defense can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies implement a variety of tricks to try and minimize your claim, but your De Kalb, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who have never had to file a lawsuit before. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the compensation you are awarded, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law right away at (314) 500-HURT for legal representation that parallels and eclipses that of bullying manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in De Kalb, MO

Our defective products lawyer team sees in De Kalb, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous motor vehicle components we see are:

• Brakes
• Airbags
• Ignitions
• Electrical systems
• Wheels
• Steering systems
• Engine cooling fan blades

Alternative vehicles like 4-wheelers can also cause injuries, 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 De Kalb, 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 installed correctly. Examples of medical devices that your Burger Law defective products lawyer in De Kalb, MO has seen cause further complications for patients are:

• Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or recurring dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Surgical robots intended to operate on hard to reach areas which, when they malfunction, can lead to punctured organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can perforate organs, result in pain in the pelvic region, excessive hemorrhaging and unintended pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the foremost factor.

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 faulty cardiovascular devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your De Kalb, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February 2022, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to deteriorate too quickly and have caused incredible pain and permanent damage to possibly as many as 150,000 patients who had received the replacement joint. When Burger Law was made aware of the defect by a client, we immediately got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can view our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in De Kalb, MO

The Federal Drug Administration has stringent procedures for the testing, labeling, packaging and shipping of prescription drugs. 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 independent testing many drugs 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 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 De Kalb, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable.

Four thousand five hundred prescriptions and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer now. We fight hard to see justice restored by winning you compensation and holding negligent corporations liable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other common dangerous products we see in De Kalb, MO include:

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

Every Burger Law defective products lawyer in De Kalb, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we strive to see the vulnerable in De Kalb and throughout Missouri recover the best possible compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on delivering you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your De Kalb, 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 De Kalb, MO right away at (314) 500-HURT or contact us online to start on your journey to a true recovery.