Defective Products Lawyer in Mehlville, MO.

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

Imagine your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around heavy equipment, and/or use your android on and off throughout the day. You may use lawnmowers 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 has gone through various stages of design and production before it reaches the buyer. When there is a breakdown in the stream of commerce and a product becomes hazardous, it can have a devastating impact on Mehlville, MO individuals and families. If tragedy struck you, you need the accomplished and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the maximum financial recovery you deserve.

In our In our three decades of experience fighting for fairness and justice, we have won our clients in Mehlville and throughout Missouri in excess of $170 million. Our initial case reviews 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 Mehlville, MO right away at (314) 500-HURT.

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



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

Mehlville, MO Defective Products Statistics

The Consumer Product Safety Commission states that dangerous products are responsible for over 29 million injuries and 21,000 fatalities annually.

Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme devastation 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 faulty product, call a Burger Law defective products lawyer in Mehlville, MO for compassionate, devoted and skilled support and legal advocacy.

How Defective Products Claims Work in Mehlville, MO

According to Missouri Revised Statute §537.760, you and your Mehlville, MO defective products lawyer can can hold a person or corporation accountable for your injuries if three conditions are met:

1. The person was involved in the product's chain of distribution.
2. You used the product in a manner logically anticipated.
3. Either or both of the following conditions:
   1. The product was in a defective condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

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 a distributor or seller. Pursuant to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the vendor or distributor of the product may be dismissed from the lawsuit if:

• The manufacturer is known, has not closed their business and is financially capable of reimbursing you for all of your damages.
• The distributor 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 took part in any other facet 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 satisfied, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they led on, were otherwise at fault for the fault or the manufacturer cannot pay 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 deserve.

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 went to market. This defense is only applicable to for failure to warn product liability 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?

Most personal injury claims in Mehlville, MO are decided by the concept of negligence. We all have an obligation to each other's safety in certain situations; for example, Mehlville, MO dog owners must always have control of their dog. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or dangerous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is responsible 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 Mehlville, 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 inherent imperfection in the design that subsequently affects all products with the same design. An example is a toy intended for children that contains a choking hazard.
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 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 installing outdated components or using the wrong kind of screws or bolts.
3. Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but instead 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 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. A manufacturer generally does not have to warn against obvious risks. 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 comprehensive safety procedures for guaranteeing the safety of their products. Even so, too often companies do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Mehlville, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but complete compensation.

Comparative Negligence in Defective Productions Claims in Mehlville, MO

A common defense for manufacturers in a defective products lawsuit is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to argue that you share a portion of your injuries and, therefore, they are not liable for the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent to blame for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt an entity involved in the chain of distribution makes to eschew their responsibility to reimburse you for the harm they have caused. Your Mehlville, 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 vendor is only has to make a product safe for ways that they can expect a consumer 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 use a loaded gun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not be expected to 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 significantly decrease it but can considerably diminish 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, 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You neglected to 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 are your fault because you had not 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 seek compensation for medical treatment for injuries that have nothing to do with. 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 manufacturer or vendor can — and will — assert that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies implement a variety of tricks to try and devalue your claim, but your Mehlville, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations will try everything to avoid paying you and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you are awarded, and we do not collect any attorney's fees until you get the great compensation you deserve. Call Burger Law today at (314) 500-HURT for legal advocacy that parallels and surpasses that of resistant manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Mehlville, MO

Our defective products lawyer team sees in Mehlville, 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 lead to accident 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
• Ignitions
• Windshield wipers
• Tires
• Seats
• Engine cooling fan blades

Alternative vehicles like 4-wheelers can also cause harm, 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 Mehlville, 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 injuries when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Mehlville, MO has seen be defective include:

• Artificial hips, knees or other joints that can cause infections, limited mobility, pain or frequent dislocations
• Pacemakers, 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 defective, can result in punctured 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, result in pelvic pain, excessive blood loss and unwanted pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have gone up exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the major cause.

In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a faulty medical device caused you damages, your Mehlville, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.

In February of this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unimaginable pain and lifelong damage to potentially 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 continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Mehlville, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey 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 shelves. With no absolute independent testing many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than the safety of the people who need medicine and treatments that truly help their condition. 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 Mehlville, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

Four thousand five hundred medications and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you love sustained injuries because of careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer immediately. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other common dangerous products we see in Mehlville, 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 Mehlville, MO knows that being harmed by a faulty product can completely upend your life. That is why we strive to see the vulnerable in Mehlville and throughout Missouri recover the best possible compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on wining you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Mehlville, 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 Mehlville, MO immediately at (314) 500-HURT or contact us online to start on your journey to being made whole again.