Defective Products Lawyer in Ferguson, MO.

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

Picture your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around technology, and/or use your android at various times during the day. You may go 4-wheeling on your free days. You may even have a prosthetic limb or other medical implant. 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 shelves. When there is an error in the chain of distribution and a product becomes hazardous, it can cause severe injuries to you and your Ferguson, MO family. If tragedy struck you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to stand in your corner and get you the great compensation you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in Ferguson and beyond in excess of $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Ferguson, MO right away at (314) 500-HURT.

If you were injured by a faulty product in Ferguson, MO, find out how much your claim may be worth by utilizing our complimentary personal injury calculator.



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

The Consumer Product Safety Commission estimates that dangerous products cause more than 29 million injuries and 21,000 deaths every year.

According to data from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous 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 ruin an unsafe product can cause.

If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Ferguson, MO for understanding, devoted and talented support and legal advocacy.

How Defective Products Claims Work in Ferguson, MO

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

1. The corporation was part of the product's chain of distribution.
2. The product was used in a manner easily foreseen.
3. One or both of the following:
   1. The product had a faulty condition that was unreasonably dangerous when the product was sold that was the proximate cause of your injuries, and/or
   2. You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.

The "stream of commerce" refers to anyone involved in the product from initial conception to sale, including a distributor or vendor. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product can avoid liability if:

• The manufacturer is known, still exists and is financially capable of reimbursing you for the entirety of your injuries.
• The seller makes an affidavit under oath that they had nothing to do with the product beyond selling it.
• No other party in the case presents evidence that the vendor took part in any other facet of the design and manufacturing process.
• The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the above conditions are fulfilled, the seller 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 were actually involved in the design or manufacture of the product, were otherwise liable for the defect or the manufacturer is unable to pay for all of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense is only applicable to for inadequate warning product liability lawsuits, 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 claims in Ferguson, MO are based on the concept of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be found responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or dangerous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is accountable for any damage a product causes, 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 Ferguson, 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 innate imperfection in the design that afterwards passes the defect to all of that product model that go on to be manufactured. 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 hazardous, 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 installing outdated components or using the wrong kind of screws or bolts.
3. Insufficient Warnings and Instructions: This occurs when the product was not defective 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product generally does not have to warn against obvious risks. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to encourage corporations to implement thorough safety procedures for guaranteeing the safety of their products. However, too often corporations do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Ferguson, MO will fight by your side and insist on nothing but a full financial recovery.

Comparative Negligence in Defective Productions Claims in Ferguson, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the principle of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for those in the chain of distribution to posit that you share 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 at fault for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt an entity involved in the chain of distribution makes to get out their obligation to reimburse you for the harm they have caused. Your Ferguson, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative negligence if the following situations apply:

• You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. On the other hand, 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, the defendant will likely not be able to avoid liability altogether, but can considerably lower it but can significantly reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle crash. 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 referred to as "Assumption of the risk," a theory in tort claims whereby, 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 make custom modification to your car's engine despite not being a mechanic. 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. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 would have been avoided had you adhered to proper protocols.
• You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. 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 — argue that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies use a variety of dishonest ruses to try and devalue your claim, but your Ferguson, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies have a lot of money to throw at their defense 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 collect, and you do not pay us anything until we win your case. Reach out to Burger Law immediately at (314) 500-HURT for legal representation that parallels and eclipses that of bullying manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Ferguson, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Ferguson, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause collisions and fires, and fail to protect occupants from harm as intended. Common faulty motor vehicle parts we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Wheels
• Steering systems
• Engine cooling fan blades

Offroad vehicles like ATVs can also cause injuries, 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 Ferguson, 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 Ferguson, MO has seen cause further complications for patients include:

• Artificial joints that can cause infections, instability, pain or repeated dislocations
• Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as expected
• Robotic surgical assistants designed to operate on hard to reach areas which, when defective, can cause punctured organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
• Permanent birth control devices that can puncture organs, result in pelvic pain, abnormal blood loss and unintended pregnancies

As the medical industry becomes more high-tech, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly due to issues with software.

In 2017, the U.S. Health and Human Services Department stated that over the span of a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. Medical devices should help relieve pain and lengthen our lifespans, not cause further damage. If a defective medical device ended up worsening your condition, your Ferguson, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused incredible pain and permanent damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was retained 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 the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Ferguson, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey 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 medications reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Ferguson, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Four thousand five hundred medications and medical devices are taken off the national market 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 received injuries because of reckless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by winning you compensation and holding negligent corporations accountable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other examples of defective products we collect compensation for our clients for in Ferguson, MO include:

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

Every Burger Law defective products lawyer in Ferguson, MO knows that being harmed by a hazardous product can completely disrupt your life. That is why we have pledged our careers to seeing the injured in Ferguson 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 costs and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Ferguson, MO family. We will stand 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 Ferguson, MO immediately at (314) 500-HURT or contact us online to start on the path to a true recovery.