Defective Products Lawyer in O'Fallon, MO.

Defective Products Lawyer in O'Fallon, MO. If you or someone you love sustained an injury because of a dangerous product, call a Burger law defective products lawyer in O'Fallon, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.

Imagine what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit by a computer or work around heavy equipment, and/or use your android at various times during the day. You may go boating on your days off. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that had to be engineered, manufactured, shipped and bought. When there is an error in the chain of distribution and a product becomes dangerous, it can cause severe injuries to you and your O'Fallon, MO family. When that happens to you, you need the knowledgeable and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the full financial recovery you deserve.

In our In our 70 years of combined experience fighting for fairness and justice, we have won our clients in O'Fallon and beyond more than $170 million. Talking to us is free, so there's no reason not to reach out. Get in touch with a defective products lawyer in O'Fallon, MO right away at (314) 500-HURT.

If you were harmed by a faulty product in O'Fallon, MO, learn the true value of your case by utilizing our free personal injury calculator.



Below are some useful links and FAQS from your Burger Law defective products injury lawyer in O'Fallon, 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?

O'Fallon, MO Defective Products Statistics

The Consumer Product Safety Commission has found that defective products result in in excess of 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 faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme harm an unsafe product can cause.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in O'Fallon, MO for compassionate, dedicated and experienced support and legal counsel.

What is the Process for Defective Products Claims in O'Fallon, MO?

According to Missouri Revised Statute §537.760, you and your O'Fallon, MO defective products lawyer can make a "strict liability" claim if three conditions are true:

1. The company was part of the product's chain of distribution.
2. You used the product in a way rationally expected.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably hazardous when it left the manufacturer's or distributor's 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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to sale, including a distributor or seller. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the case if:

• You discover who the manufacturer is, it still exists and is able to compensate you for the entirety of your injuries.
• The distributor signs an affidavit under oath that their only involvement in the process was selling it.
• There is no evidence is submitted to the court that the seller was involved 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 met, 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 were actually involved in the engineering of the product, were otherwise liable for the fault or the manufacturer cannot reimburse you for the entirety of the economic, physical and emotional hardships you sustained, 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 hit the shelves. 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 suits in O'Fallon, MO are based on the concept of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, O'Fallon, MO dog owners must always have control of their dog. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they can be found liable for your damages and would owe you compensation.

However, most product liability or dangerous products claims are strict liability claims, meaning that anyone in the chain of distribution is responsible for any injuries 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 O'Fallon, 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 imperfection in the design that subsequently affects all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
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 defective, 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 incorrectly installing wires or electrical components or using the wrong kind of screws or bolts.
3. Failure to Warn of Known Dangers or Risks That Should Have Been Anticipated: 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. A manufacturer generally does not have to warn against obvious risks. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement exhaustive safety procedures for ensuring that their products will not put the people who use it at risk. However, too often corporations are negligent and spend more energy on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in O'Fallon, MO will hold them accountable by conducting a full investigation of your case and demanding only the best possible compensation.

Comparative Negligence in Defective Productions Claims in O'Fallon, MO

An oft-used defense for manufacturers in a dangerous product lawsuit is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the defendants to posit that you share a portion of your damages and, therefore, they are not required to compensate 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 a deceitful attempt a manufacturer makes to avoid their duty to reimburse you for the damage their product did to you. Your O'Fallon, MO defective products lawyer at Burger Law will not let them get away with it. Under the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances are relevant in your case:

• You did not use the product in a way 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 are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
• You used the product in a manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to totally avoid fault but can considerably 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 hazards of the product while you were using it. This is often called as "Assumption of the risk," a concept in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
• You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously hurt 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 took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you followed recommended precautions.
• You failed to mitigate your damages. In any personal injury claim, you have a duty 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 people in the stream of commerce can — and will — work hard to persuade a jury that comparative fault applies to your injuries, that does not mean the claim is automatically true. Large corporations and insurance companies use numerous tricks to try and lower your claim, but your O'Fallon, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies 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 you owe us nothing until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal advocacy that rivals and eclipses that of resistant manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in O'Fallon, MO

Our defective products lawyer team sees in O'Fallon, 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 cause collisions and fires, and lead to further injuries when the safety components to not function as they should. Common faulty automobile parts we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Wheels
• Seats
• Engine cooling fan blades

Offroad vehicles like ATVs can also cause damage, 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 O'Fallon, MO

Medical devices are intended to improve the lives of the people who need them. 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 O'Fallon, MO has seen cause further injuries to patients include:

• Artificial joints that can lead to infections, limited mobility, pain or frequent dislocations
• Pacemakers, which can result in infections or even wrongful death when they do not last as long as expected
• Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can cause perforated organs, infections and electrical burns
• Blood clot filters that allow free-floating blood clots to slip into the lungs
• Permanent birth control implements that can pierce organs, cause pelvic pain, excessive hemorrhaging and unplanned pregnancies

As the medical industry keeps implementing new technologies, the amount of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly owing to issues with software.

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

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to degrade too quickly and have caused incredible pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to return their mobility. 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 view our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in O'Fallon, MO

The Federal Drug Administration has firm protocols 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 prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 O'Fallon, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Four thousand five hundred medications 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 care about received injuries because of reckless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations liable. 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 collect compensation for our clients for in O'Fallon, 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 O'Fallon, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your life. That is why we strive to see the vulnerable in O'Fallon 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 getting you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your O'Fallon, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in O'Fallon, MO today at (314) 500-HURT or contact us online to start on your journey to a true recovery.