Defective Products Lawyer in Festus, MO.

Defective Products Lawyer in Festus, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Festus, MO today at (314) 500-HURT or fill out our online form for a complimentary case review.

Think of your daily routine: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around machines, and/or use your cell phone throughout the day. You may go 4-wheeling on the weekend. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of technology that at one point was engineered, manufactured, packaged and bought. When there is a mistake in that process and a product becomes hazardous, it can have a disastrous impact on on your life and lives of those you love in Festus, MO. When that happens to you, you need the knowledgeable and devoted legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the great financial recovery you deserve.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in Festus and beyond in excess of $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Festus, MO right away at (314) 500-HURT.

If you were harmed by a defective product in Festus, MO, see the true value of your case by using our complimentary personal injury calculator.



Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Festus, 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?

Festus, MO Defective Products Statistics

The Consumer Product Safety Commission has found that defective products are responsible for over 29 million injuries and 21,000 deaths every year.

According to 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 speaks to the unbelievable ruin that can be caused when manufacturers and vendors do not obey the rules.

If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Festus, MO for understanding, dedicated and experienced support and legal advocacy.

How Defective Products Claims Work in Festus, MO

Under Missouri Revised Statute §537.760, you and your Festus, MO defective products lawyer can can hold a person or corporation accountable for your injuries if three factors are met:

1. The corporation was involved in the product's design, manufacture, distribution and sale.
2. The product was used in a manner logically foreseen.
3. One or both of the following:
   1. The product had a faulty condition that was unreasonably dangerous when you bought the product that caused you direct harm, 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 conception to purchase, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the case 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 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 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 those conditions are satisfied, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the production of the product than they implied, were otherwise liable for the hazardous condition or the manufacturer cannot reimburse you for all of your damages, 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 you are owed.

Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense is only valid for failure to warn defective products 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

Most personal injury lawsuits in Festus, 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 Festus, MO roads. When someone fails in that responsibility, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found liable for your damages and would have to pay you a financial recovery.

By contrast, most product liability or dangerous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is responsible 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 Festus, 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 came into your possession.

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 imperfection in the design that afterwards passes the flaw 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 hazardous because of a failure in the manufacturing process. This can either only make one product faulty, 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
3. Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about 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 food packaging that does not mention all the ingredients and causes an allergic reaction. 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 meant to incentivize corporations to implement comprehensive safety protocols for guaranteeing the safety of their products. Even so, too often companies are negligent and concentrate more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Festus, MO will fight by your side and insist on only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Festus, MO

An oft-used defense for manufacturers in a product liability claim is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to put forth the defense that you are responsible for 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 your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt a manufacturer makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Festus, 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 distributor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant for sitting, 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 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, the defendant will likely not be able to avoid liability altogether, but can considerably diminish it but can considerably reduce it. Say 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 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 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 say that any reasonable person would have known that they could be seriously hurt doing such a thing.
• You did not 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 would have been avoided had you adhered to proper protocols.
• You did not mitigate your damages. 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 you have no right to ask them for money they do not owe you.

Just because the defense can — and will — assert that comparative fault applies to your claim, that does not mean they will be successful. Large corporations and insurance companies employ myriad deceitful tactics to try and lower your claim, but your Festus, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you collect, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law immediately at (314) 500-HURT for legal counsel that parallels and exceeds that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Festus, MO

Our defective products lawyer team sees in Festus, 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, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause accident and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous motor vehicle parts we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Tires
• Door latches
• Headlights and taillights

Alternative 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 Festus, 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. Common medical devices that your Burger Law defective products lawyer in Festus, MO has seen cause further complications for patients include:

• Artificial hips, knees or other joints that can lead to infections, limited mobility, pain or repeated dislocations
• Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as anticipated
• Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to perforated organs, infections and internal burns
• Blood clot filters that allow free-floating blood clots to invade the lungs
• Permanent birth control devices that can pierce organs, lead to pelvic pain, abnormal blood loss and unwanted pregnancies

As the medical industry keeps implementing new technologies, the amount of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly because of defects in software.

In 2017, the U.S. Health and Human Services Department found that in the course of 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of easing it. If a flawed medical device caused you injuries, your Festus, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unthinkable pain and lifelong 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 read the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Festus, MO

The Federal Drug Administration has firm 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 market. That means that many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 Festus, MO to stand up to these bullying corporations and make them realize that their conduct is deplorable.

Hundreds of thousands of medications 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 a loved one had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, 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 they have caused. 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 common defective products we file suit for in Festus, MO include:

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

Every Burger Law defective products lawyer in Festus, MO knows that being hurt by a dangerous product can completely disrupt your life. That is why we strive to see the vulnerable in Festus and throughout Missouri receive great compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on wining you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical toll your injury has taken on you and your Festus, 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 Festus, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.