Defective Products Lawyer in Lemay, MO.

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

Picture what your daily like looks like: 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 by a computer or work around heavy equipment, and/or use your android on and off 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 product that had to be designed, produced, packaged and sold. When there is an error in that process and a product becomes defective, it can have a ruinous effect on Lemay, MO individuals and families. When that happens to you, you need the expert and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and get you the best possible financial recovery you deserve.

In our In our 70 years of combined experience standing up for the rights of the injured and vulnerable, we have delivered our clients in Lemay and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Lemay, MO today at (314) 500-HURT.

If you were injured by a dangerous product in Lemay, MO, find out 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 Lemay, 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?

Lemay, MO Defective Products Statistics

The Consumer Product Safety Commission states that faulty products cause over 29 million injuries and 21,000 fatalities annually.

Based on facts from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the incredible destruction an unsafe product can cause.

If you or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in Lemay, MO for understanding, devoted and expert support and legal representation.

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

According to Missouri Revised Statute §537.760, you and your Lemay, 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 easily anticipated.
3. Either or both of the following conditions:
   1. The product had a defective 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 involved in the product from initial design to purchase, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the claim if:

• You discover who the manufacturer is, it has not closed their business and is able to pay for the entirety of your damages.
• The vendor 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 submits evidence that the seller was involved in any other aspect of the stream of commerce.
• The motion to dismiss is filed within 60 days.

If the above conditions are satisfied, the seller 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 intimated, were otherwise responsible for the dangerous condition or the manufacturer cannot compensate you for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation 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 went to market. This defense is only valid for failure to warn product liability cases, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury cases in Lemay, MO are determined by the conception of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Lemay, MO roads. When someone fails in that responsibility, for example if sustain an injury because you were hit by a distracted driver they can be found liable for your damages and would owe you compensation.

However, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable for any damage that stems from the reasonable use of a product, 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 Lemay, 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 inherent fault in the design that subsequently passes the imperfection to all of that product model that go on to be manufactured. An example is an improperly designed safeguard on a power tool.
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. 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 instead when the manufacturer did not include correct and clear instructions or when there is a danger that could arise from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product typically does not have to warn against risks that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to encourage corporations to implement comprehensive safety protocols for ensuring that their products will not pose a danger to the public. However, too often corporations do not value our safety and try to focus more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Lemay, MO will fight on your behalf and insist on only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Lemay, MO

A common defense for manufacturers in a defective products lawsuit is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the defendants to argue that you are responsible for a portion of your injuries and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to avoid their duty to pay you for the damage their product did to you. Your Lemay, 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 fault if the following situations apply:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant for sitting, standing on one to reach something is common. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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 be expected to foresee that use of the product.
• You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can significantly decrease it. Suppose 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 principle 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 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 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 labeling can often protect someone in the stream of commerce from liability. 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 followed proper protocols.
• You failed to 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 they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.

Just because people in the stream of commerce can — and will — argue that comparative fault applies to your case, that does not mean the claim is automatically true. Bullying corporations and insurance companies employ myriad deceitful tactics to try and lower your claim, but your Lemay, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations are unfair and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the compensation you collect, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law now at (314) 500-HURT for legal counsel that matches and eclipses that of resistant manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Lemay, MO

Our defective products lawyer team sees in Lemay, 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 recalls were issued both for entire vehicles and individual components. Defective car parts can result in crashes and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous motor vehicle components we see are:

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

Offroad vehicles like 4-wheelers 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 Lemay, MO

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

• Artificial joints that can lead to infections, limited mobility, chronic soreness or recurring dislocations
• Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
• Robotic surgical assistants designed to operate on hard to reach areas which, when they do not work properly, can lead to pierced organs, infections and electrical burns
• Blood clot filters that permit dislodged blood clots to invade the lungs
• Permanent birth control devices that can puncture organs, cause pain in the pelvic region, abnormal blood loss and unintended pregnancies

As the medical industry keeps inventing more and more advanced technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the number one factor.

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 over 73,000 flawed cardiovascular 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 Lemay, 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements 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 patients who had received the replacement joint. When Burger Law was retained by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Lemay, MO

The Federal Drug Administration has firm procedures for the testing, labeling, packaging and shipping of prescription drugs. 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. That means that many prescriptions reach the shelves 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 Lemay, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.

Four thousand five hundred drugs and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love sustained injuries because of reckless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by securing you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from their family too soon.

Other common defective products we file suit for in Lemay, 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 Lemay, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we have pledged our careers to seeing the injured in Lemay and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on wining you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Lemay, MO family. You do not have to go through this alone, and the big corporations do not have to win every time. Call a Burger Law defective products lawyer in Lemay, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.