Defective Products Lawyer in Jefferson County, MO.

Defective Products Lawyer in Jefferson County, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Jefferson County, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.

Imagine your daily routine: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around heavy machinery, and/or use your cell phone on and off throughout the day. You may go boating 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 technology that has gone through various stages of design and production before it reaches the market. When there is a mistake in that process and a product becomes hazardous, it can have a ruinous impact on Jefferson County, MO individuals and families. If tragedy struck you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and deliver you the maximum compensation you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have delivered our clients in Jefferson County and throughout Missouri in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Jefferson County, MO immediately at (314) 500-HURT.

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



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

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

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 extreme harm that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Jefferson County, MO for passionate, committed and knowledgeable support and legal counsel.

What is the Process for Defective Products Claims in Jefferson County, MO?

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

1. The defendant was involved in the product's stream of commerce.
2. The product was used in a way easily expected.
3. Either or both of the following conditions:
   1. The product was in a faulty condition that was unreasonably hazardous when you bought the product and your injuries are a direct result of that defect, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the suit if:

• The manufacturer is known, has not closed their business and is financially capable of reimbursing you for the entirety of your injuries.
• The distributor signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• There is no evidence is submitted to the court that the seller was involved in any other facet of the design and manufacturing process.
• The dismissal is requested to the judge within 60 days.

If the above conditions are satisfied, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise at fault for the hazardous condition or the manufacturer cannot compensate you 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 that every liable party is held accountable.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only valid for inadequate warning product liability cases, 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 cases in Jefferson County, MO are decided by 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 fails in that responsibility, for example if sustain an injury because you were hit by a distracted driver they can be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or dangerous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is responsible for any injuries 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 Jefferson County, 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 defect in the design that subsequently passes the imperfection to all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
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 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 leaving sharp edges on plastic or other materials.
3. Inadequate Warnings and Instructions: This occurs when the product was not defective 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 generally does not have to warn against risks 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 incentivize corporations to implement comprehensive safety protocols for ensuring that their products will not pose a danger to the public. However, too often companies do not value our safety and try to focus more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Jefferson County, MO will fight by your side and insist on only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Jefferson County, MO

Manufacturers, sellers and anyone else in the stream of commerce will often rely on the concept of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the defendants to put forth the argument that you are liable for a portion of your damages and, therefore, they do not have to pay you 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 an erroneous attempt a defendant makes to eschew their obligation to pay you for the damage their product did to you. Your Jefferson County, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may say 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 manner the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect the public to use it. 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. 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 happening.
• You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to totally avoid fault but can significantly lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car accident. A pharmaceutical company could reasonably see 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 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 did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce 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 recommended safety measures.
• You failed to mitigate your damages. 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 people in the stream of commerce can — and will — assert that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies employ a lot of tricks to try and minimize your claim, but your Jefferson County, 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 who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you collect, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal counsel that parallels and exceeds that of resistant manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Jefferson County, MO

Our defective products lawyer team sees in Jefferson County, 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 components. Defective car parts can lead to crashes and fires, and lead to further injuries when the safety components to not function as they should. Common defective automobile parts we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wires
• Tires
• Steering systems
• 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 Jefferson County, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Jefferson County, MO has seen cause further complications for patients are:

• Artificial hips, knees or other joints that can cause infections, instability, chronic soreness or frequent dislocations
• Cardiovascular devises, which can lead to 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 faulty, can lead to pierced organs, infections and internal burns
• Blood clot filters that allow dislodged blood clots to invade the lungs
• Permanent birth control devices that can pierce organs, result in pelvic pain, abnormal blood loss and unplanned pregnancies

As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has increased exponentially. In the first three months 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 over the span of a decade Medicare had to spend at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of improving our lives. If a defective medical device caused you injuries, your Jefferson County, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

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 flaws in their packaging and shipping process, the replacements deteriorate too quickly and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was contacted 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 here:

View Complaint

Defective Drug Lawyer in Jefferson County, 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 shelves. That means that many medications reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that are truly effective. 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 Jefferson County, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or a loved one had your condition deteriorate because of reckless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. 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 Jefferson County, 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 Jefferson County, MO knows that being injured by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Jefferson County and throughout Missouri collect the best possible 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 wining you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical toll your injury has inflicted on you and your Jefferson County, 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 Jefferson County, MO right away at (314) 500-HURT or contact us online to take the first step toward a true recovery.