Defective Products Lawyer in North St. Louis County, MO.

Defective Products Lawyer in North St. Louis County, MO. If you or someone you care about was hurt by a dangerous product, call a Burger law defective products lawyer in North St. Louis County, MO now at (314) 500-HURT or fill out our online form for a free case review.

Picture your daily routine: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your car, sit at in a chair or work around technology, and/or use your cell phone on and off throughout the day. You may use lawnmowers on your free days. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the shelves. When there is an error in that process and a product becomes hazardous, it can cause severe harm to you and your North St. Louis County, MO family. When that happens to you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to stand in your corner and secure you the maximum financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have delivered our clients in North St. Louis County and beyond over $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in North St. Louis County, MO today at (314) 500-HURT.

If you were harmed by a faulty product in North St. Louis County, MO, discover how much your claim may be worth by using our complimentary personal injury calculator.



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

The Consumer Product Safety Commission estimates that hazardous products account for over 29 million injuries and 21,000 deaths every year.

According to data from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme harm an unsafe product can cause.

If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in North St. Louis County, MO for understanding, devoted and talented support and legal advocacy.

How Defective Products Claims Work in North St. Louis County, MO

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

1. The corporation was part of the product's design, manufacture, distribution and sale.
2. The product was used in a manner reasonably expected.
3. One or both of the following:
   1. The product had a defective condition that was unreasonably dangerous when you bought the product that caused you direct harm, and/or
   2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone involved in the product from initial conception to purchase, including the person or entity that sold you the product. Pursuant to 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 may be dismissed from the lawsuit if:

• The manufacturer is known, still does business and is able to compensate you for the entirety of your injuries.
• The entity that sold it signs an affidavit under threat of perjury that their only involvement in the process was selling it.
• No other party in the case comes forward with evidence that the distributor took part in any other aspect of the chain of distribution.
• The dismissal is requested to the court within 60 days.

If the aforementioned conditions are fulfilled, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they had a larger role in the production of the product than they intimated, were otherwise responsible for the dangerous condition or the manufacturer is unable to 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 deserve.

Missouri Revised Statute §537.764 mentions a caveat 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 will only work for for inadequate warning defective products cases, and the burden of proof is on the defense.

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

Most personal injury claims in North St. Louis County, MO are won or lost based on the idea of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, trucking companies must not overwork their drivers. 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 liable for your damages and would have to pay you compensation.

By contrast, most product liability or hazardous products cases are determined by strict liability, meaning that anyone in the chain of distribution is at fault for any damage 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 North St. Louis 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 — when it left the manufacturer's or distributor's control.

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 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: A product can be designed effectively and safely but still become dangerous because of mistakes in the manufacturing process. This can either affect only one product, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be bugs or other contaminants found in beverages or leaving sharp edges on plastic or other materials.
3. Failure to Warn of Known Dangers 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 come about 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 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 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 meant to incentivize corporations to implement exhaustive safety protocols for ensuring that their products will not pose a danger to the public. Even so, too often companies do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in North St. Louis County, MO will hold them responsible by conducting a full investigation of your case and demanding only complete compensation.

Comparative Negligence in Defective Productions Claims in North St. Louis County, MO

A common defense for manufacturers in a product liability case is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce to posit that you are responsible for a portion of the fault and, therefore, they are not obligated to reimburse you 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 responsible for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to avoid their duty to pay you for the damage their product did to you. Your North St. Louis County, MO defective products lawyer at Burger Law will not let them get away with it. 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, 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. On the other hand, if you use a loaded rifle 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, Someone in the chain of distribution will not be able to entirely avoid fault but can considerably reduce 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 principle in tort claims whereby, if the injured party was aware of risks, 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 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 injured doing such a thing.
• You neglected to take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 obeyed recommended safety measures.
• You failed to try to keep your damages to a minimum. 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 unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because the defense can — and will — argue that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies use a lot of tricks to try and minimize your claim, but your North St. Louis County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair and try to take advantage of people who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the financial recovery you are awarded, and you owe us nothing until we win your case. Reach out to Burger Law now at (314) 500-HURT for legal counsel that matches and eclipses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in North St. Louis County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in North St. Louis County, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to collisions and fires, and fail to protect occupants from harm as intended. Common defective automobile parts we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wiring
• Wheels
• Steering systems
• Headlights and taillights

Alternative 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 North St. Louis County, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in North St. Louis County, MO has seen cause further injuries to patients include:

• Artificial hips, knees or other joints that can result in infections, instability, chronic soreness or repeated dislocations
• Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
• 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 allow free-floating blood clots to slip into the lungs
• Permanent birth control implements that can puncture organs, result in pelvic pain, excessive bleeding and unplanned pregnancies

As the medical industry becomes more high-tech, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly owing to defects in software.

In 2017, the U.S. Health and Human Services Department found that over 10 years Medicare spent at least $1.5 billion to replace in excess of 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 flawed medical device ended up worsening your condition, your North St. Louis 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 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 intended to and have caused incredible pain and lifelong damage to possibly as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was retained 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 North St. Louis County, MO

The Federal Drug Administration has firm protocols 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 medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than 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 North St. Louis 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 taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you care about had your condition deteriorate because of careless pharmaceutical companies and corporations, get in touch with 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from their family too soon.

Other common dangerous products we file suit for in North St. Louis 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 North St. Louis County, MO knows that being hurt by a dangerous product 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 vulnerable in North St. Louis County and throughout Missouri collect fair 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 bills and lost wages, in addition to the mental and physical hardships your injury has taken on you and your North St. Louis County, 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 North St. Louis County, MO right away at (314) 500-HURT or contact us online to start on your journey to true healing.