Defective Products Lawyer in Oakville, MO.

Defective Products Lawyer in Oakville, MO. If you or a family member was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Oakville, MO right away at (314) 500-HURT or fill out our online form for a complimentary case review.

Picture 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 in your vehicle, sit at in a chair or work around heavy machinery, and/or use your iPhone on and off throughout the day. You may drive go-carts on your days off. You may even have a joint replacement 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 shelves. When there is a breakdown in that process and a product becomes dangerous, it can have a catastrophic effect on Oakville, MO individuals and families. If tragedy struck you, you need the experienced and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the full compensation you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Oakville and beyond more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Oakville, MO today at (314) 500-HURT.

If you were hurt by a dangerous product in Oakville, MO, see how much your claim may be worth by utilizing our complimentary personal injury calculator.



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

Oakville, MO Defective Products Statistics

The Consumer Product Safety Commission states that hazardous products cause more than 29 million injuries and 21,000 fatalities each 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 that can be caused when manufacturers and distributors do not obey adequate safety protocols.

If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Oakville, MO for empathetic, committed and talented support and legal advocacy.

How Defective Products Claims Work in Oakville, MO

According to Missouri Revised Statute §537.760, you and your Oakville, MO defective products lawyer can can hold a person or company at fault for your damages if three factors are true:

1. The person was involved in the product's chain of distribution.
2. The product was used in a manner easily expected.
3. One or both of the following:
   1. The product had a defective 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 going to the market, from initial design to sale, 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 may avoid liability if:

• You discover who the manufacturer is, it still exists and is financially capable of compensating you for the entirety of your injuries.
• 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 submits evidence that the vendor took part in any other aspect of the stream of commerce.
• The dismissal is requested to the court no later than 60 days after the complaint is filed.

If the above conditions are fulfilled, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the production of the product than they intimated, were otherwise to blame for the fault or the manufacturer cannot reimburse you for all of the economic, physical and emotional loss you sustained, 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 mentions a caveat for "state of the art products," where a dangerous condition could not be entirely understood before use by the public. This defense is only valid for failure to warn defective products claims, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in Oakville, MO are based on the concept of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the Oakville, 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 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 hazardous products cases are strict liability claims, meaning that a designer, manufacturer or vendor is at fault for any injuries that results 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 Oakville, 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 innate imperfection in the design that subsequently passes the flaw 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 a failure in the manufacturing process. This can either affect only one product, 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 a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about innate risks. 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 dangers that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to incentivize corporations to implement thorough safety protocols for guaranteeing the safety of their products. However, too often companies are negligent and try to focus more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Oakville, MO will hold them accountable by conducting a full investigation of your case and insisting on only maximum compensation.

Comparative Negligence in Defective Productions Claims in Oakville, MO

A common defense for manufacturers in a defective products lawsuit is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to argue that you are liable for a portion of the fault and, therefore, they are not liable for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent at fault for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt a defendant makes to get out their duty to reimburse you for the damage their product did to you. Your Oakville, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are present in your case:

• You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor 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 are injured playing catch with a power tool or other sharp object, 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, Someone in the chain of distribution will not be able to totally avoid liability but can considerably lower it. Suppose 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 used the product while aware of a reasonable level of danger associated with the use. 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, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
• You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 did not take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not adhered to recommended safety measures.
• You did not try to keep your damages to a minimum. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. 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 defense can — and will — try to convince the court 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 employ numerous deceitful tactics to try and lower your claim, but your Oakville, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you are awarded, and you do not pay us anything until we win your case. Reach out to Burger Law right away at (314) 500-HURT for legal advocacy that rivals and eclipses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Oakville, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Oakville, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause accident 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
• Fuel systems
• Windshield wipers
• Wheels
• Steering systems
• Accelerators

Alternative vehicles like ATVs 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 Oakville, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can 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 Oakville, MO has seen be defective are:

• Artificial joints that can result in infections, limited mobility, chronic soreness or repeated dislocations
• Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
• Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can cause punctured organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control implements that can puncture organs, lead to pain in the pelvic region, excessive blood loss and unwanted pregnancies

As the medical industry keeps inventing more and more advanced technologies, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the major cause.

In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 flawed cardiovascular devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Oakville, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was made aware of the defect 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 read the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Oakville, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must follow 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 prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people they are supposed to be helping. 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 Oakville, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Hundreds of thousands of 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 a loved one had your condition worsen because of reckless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by winning you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from this world too soon.

Other examples of dangerous products we collect compensation for our clients for in Oakville, MO include:

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

Every Burger Law defective products lawyer in Oakville, MO knows that being hurt by a dangerous product can completely upend your life. That is why we have devoted our lives to seeing the vulnerable in Oakville 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 immediately start working on delivering you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Oakville, 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 Oakville, MO immediately at (314) 500-HURT or contact us online to start on the path to being made whole again.