Defective Products Lawyer in Florissant, MO.

Defective Products Lawyer in Florissant, MO. If you or someone you love sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Florissant, 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 a prescription, go to school or work on a bus, sit at in a chair or work around technology, and/or use your android at various times during the day. You may use lawnmowers on the weekend. 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 had to be designed, manufactured, shipped and bought. When there is a mistake in that process and a product becomes dangerous, it can have a devastating effect on on your life and lives of those you love in Florissant, MO. If tragedy struck you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the full financial recovery you are owed.

In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Florissant and beyond more than $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 Florissant, MO now at (314) 500-HURT.

If you were harmed by a defective product in Florissant, MO, learn how much your claim may be worth by using our free personal injury calculator.



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

The Consumer Product Safety Commission has found that faulty products result in in excess of 29 million injuries and 21,000 fatalities annually.

Based on facts 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 harm that can be caused when manufacturers and distributors do not obey proper safety measures.

If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Florissant, MO for empathetic, devoted and experienced support and legal counsel.

How Defective Products Claims Work in Florissant, MO

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

1. The company was involved in the product's design, manufacture, distribution and sale.
2. The product was used in a manner reasonably expected.
3. Either or both of the following conditions:
   1. The product had a faulty condition that was unreasonably hazardous when it left the manufacturer's or distributor's that caused you direct harm, 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 going to the market, from initial design to purchase, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the case if:

• The manufacturer is known, has not closed their business and is able to reimburse you for the entirety of your damages.
• The seller signs an affidavit under oath that their only involvement in the stream of commerce was selling it.
• No other party in the case presents evidence that the distributor took part in any other aspect of the chain of distribution.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above conditions are fulfilled, 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 engineering of the product than they implied, were otherwise at fault for the fault or the manufacturer cannot reimburse you for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every to-blame party is held accountable.

Missouri Revised Statute §537.764 provides one defense 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 was introduced to the public. 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 dangerous condition.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

The majority of personal injury lawsuits in Florissant, MO depend on the notion of negligence. We all owe each other a duty of care 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 are injured by a fatigued truck driver they might be held liable 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 at fault for any injuries 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 Florissant, 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 got into your hands.

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 imperfection 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 defective, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. 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 Risks That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about inherent risks. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer typically does not have to warn against obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to encourage corporations to implement comprehensive safety procedures for verifying 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 Florissant, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in Florissant, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the defendants 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 determines that you have $100,000 in damages but finds you were 30 percent responsible for your injuries, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to get out their obligation to reimburse you for the damage their product did to you. Your Florissant, MO defective products lawyer at Burger Law will not let them get away with it. 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 use a loaded shotgun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
• You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably diminish it but can considerably decrease 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 used the product while aware of a reasonable level of danger associated with the use. This is often referred to as "Assumption of the risk," a concept in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
• You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
• You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution from liability. If you were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not obeyed proper protocols.
• You did not try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the amount of compensation 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 people in the stream of commerce can — and will — work hard to persuade a jury that comparative negligence applies to your case, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies employ a variety of dishonest ruses to try and minimize your claim, but your Florissant, 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 unfamiliar with Missouri laws. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the compensation you are awarded, and you owe us nothing until we win your case. Call Burger Law now at (314) 500-HURT for legal counsel that parallels and surpasses that of bullying manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Florissant, MO

Our defective products lawyer team sees in Florissant, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in wrecks and fires, and fail to protect occupants from harm as intended. Common dangerous motor vehicle components we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Wheels
• Steering systems
• Accelerators

Alternative vehicles like ATVs can also cause damage, 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 Florissant, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us even more complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Florissant, MO has seen be defective include:

• Artificial joints that can result in infections, limited mobility, chronic soreness or repeated dislocations
• Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
• Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can lead to perforated organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control implements that can puncture organs, cause pelvic pain, excessive bleeding and unintended pregnancies

As the medical industry keeps inventing more and more advanced technologies, the numbers of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the leading factor.

In 2017, the U.S. Health and Human Services Department found that throughout 10 years Medicare paid out at least $1.5 billion to replace over 73,000 defective heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of helping us. If a defective medical device ended up worsening your condition, your Florissant, 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 manufacturer of 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 designed to and have caused incredible pain and permanent damage to possibly as many as 150,000 people who were depending on the replacement joint to ease their pain. 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 here:

View Complaint

Defective Drug Lawyer in Florissant, MO

The Federal Drug Administration has strict procedures that pharmaceutical companies must follow 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 prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line over 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 Florissant, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. 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 reckless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer as soon as possible. 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 held opioid manufacturers responsible when their negligence has taken someone from their family too soon.

Other examples of defective products we collect compensation for our clients for in Florissant, 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 Florissant, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we endeavor to see the vulnerable in Florissant and throughout Missouri get great compensation 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 securing you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical toll your injury has taken on you and your Florissant, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Florissant, MO right away at (314) 500-HURT or contact us online to start on the path to being made whole again.