Defective Products Lawyer in Lafayette County, MO.

Defective Products Lawyer in Lafayette County, MO. If you or someone you love was injured by a dangerous product, reach out to a Burger law defective products lawyer in Lafayette County, MO right away at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Imagine what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on a bus, sit by a computer or work around heavy machinery, and/or use your cell phone throughout the day. You may go boating on the weekend. You may even have a knee replacement or other medical device. 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 buyer. When there is a mistake in the chain of distribution and a product becomes dangerous, it can cause serious harm to you and your Lafayette County, MO family. When that happens to you, you need the skilled and committed legal services of Burger Law's defective products lawyer team to stand by your side and win you the best possible financial recovery you are owed.

In our In our 30 years of experience standing up for the rights of the injured and vulnerable, we have secured our clients in Lafayette County and throughout Missouri more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Lafayette County, MO right away at (314) 500-HURT.

If you were injured by a dangerous product in Lafayette County, MO, find out the true value of your case by utilizing our complimentary personal injury calculator.



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Lafayette 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 Lafayette County, MO?

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

According to 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 ruin an unsafe product can cause.

If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Lafayette County, MO for compassionate, committed and skilled support and legal representation.

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

According to Missouri Revised Statute §537.760, you and your Lafayette County, MO defective products lawyer can file a "strict liability" suit if three conditions are met:

1. The person was involved in the product's chain of distribution.
2. The product was used in a way reasonably expected.
3. One or both of the following:
   1. The product was in a faulty condition that was unreasonably dangerous when you bought the product and your injuries are a direct result of that defect, 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 "chain of distribution" refers to anyone involved in the product from initial conception to sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the suit if:

• You discover who the manufacturer is, it still exists and is financially capable of compensating you for the entirety of your damages.
• The vendor signs 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 was involved in any other facet of the design and manufacturing process.
• The dismissal is requested to the court within 60 days.

If the aforementioned conditions are satisfied, the distributor 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 led on, were otherwise liable for the hazardous condition or the manufacturer cannot pay for all 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 responsible.

Missouri Revised Statute §537.764 provides one defense 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 went to market. This defense is only valid for inadequate warning defective products claims, 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 cases in Lafayette County, MO are determined by the notion of negligence. We all have a duty to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Lafayette County, MO roads. When someone is negligent, 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 cases are strict liability claims, meaning that a designer, manufacturer or vendor is accountable for any injuries that stems from the reasonable use of a product, 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 Lafayette 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 you acquired it.

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 fault in the design that afterwards passes the defect to all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
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, 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 incorrectly installing wires or electrical components or not properly fastening components to each other.
3. Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: 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 risks that a reasonable person would foresee. 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 procedures for verifying the safety of their products. However, too often corporations do not value our safety and spend more energy on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Lafayette County, MO will fight by your side and demand only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Lafayette County, MO

An oft-used defense for manufacturers in a dangerous product lawsuit is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the chain of distribution to posit that you are liable 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 responsible for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to get out their obligation to reimburse you for the damage their product did to you. Your Lafayette County, 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 manner 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. By contrast, if you use a loaded gun 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 manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly diminish it but can significantly decrease 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 referred to as "Assumption of the risk," a theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
• You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You neglected to take necessary safety precautions. 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 using or around highly corrosive materials 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 failed to mitigate your damages. 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 seek unnecessary medical treatment. The defense may say they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.

Just because the defense can — and will — work hard to persuade a jury that comparative negligence applies to your injuries, that does not mean the claim is automatically true. Large corporations and insurance companies use myriad dishonest ruses to try and devalue your claim, but your Lafayette County, MO defective products lawyer at Burger Law knows how to combat them. We know these companies are unfair 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 we win your case. Call Burger Law now at (314) 500-HURT for legal advocacy that parallels and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Lafayette County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Lafayette County, MO. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to collisions and fires, and lead to further injuries when the safety components to not work as they should. Common defective motor vehicle parts we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wires
• Wheels
• Seats
• Engine cooling fan blades

Offroad vehicles like ATVs can also cause harm, 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 Lafayette County, 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 make our lives worse when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Lafayette County, MO has seen cause further complications for patients are:

• Artificial hips, knees or other joints that can result in infections, instability, pain or repeated dislocations
• Pacemakers, which can lead to infections or even wrongful death when they do not last as long as anticipated
• Robotic surgical assistants intended to operate on hard to reach areas which, when faulty, can lead to perforated organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
• Permanent birth control implements that can perforate organs, lead to pain in the pelvic region, abnormal blood loss and unplanned pregnancies

As the medical industry keeps coming up with more and more advanced technologies, the numbers of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the leading factor.

In 2017, the U.S. Health and Human Services Department reported that throughout a decade Medicare spent at least $1.5 billion to replace more than 73,000 faulty heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a defective medical device ended up worsening your condition, your Lafayette County, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February 2022, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements deteriorate too quickly and have caused unimaginable pain and permanent damage to potentially as many as 150,000 patients 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 Lafayette County, MO

The Federal Drug Administration has strict 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 pharmaceutical companies put profit over 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 Lafayette County, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

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 reckless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer now. We fight hard to see justice restored by winning you compensation and holding negligent corporations accountable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other common defective products we file suit for in Lafayette County, MO include:

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

Every Burger Law defective products lawyer in Lafayette County, MO knows that being hurt by a dangerous product can completely upend your life. That is why we endeavor to see the vulnerable in Lafayette County and throughout Missouri receive full 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 expenses and lost wages, in addition to the mental and physical toll your injury has taken on you and your Lafayette County, 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 Lafayette County, MO immediately at (314) 500-HURT or contact us online to start on your journey to a true recovery.