Defective Products Lawyer in Peculiar, MO.

Defective Products Lawyer in Peculiar, MO. If you or someone you care about was harmed by a dangerous product, call a Burger law defective products lawyer in Peculiar, MO immediately at (314) 500-HURT or fill out our online form for a free case evaluation.

Think of what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your car, sit at in a chair or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may go 4-wheeling on the weekend. You may even have a ankle replacement or other medical device. 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 an error in the stream of commerce and a product becomes dangerous, it can cause serious harm to you and your Peculiar, MO family. If tragedy struck you, you need the knowledgeable and devoted legal services of Burger Law's defective products lawyer team to stand in your corner and secure you the full financial recovery you are owed.

In our In our 30 years of experience fighting for the rights of the injured and vulnerable, we have secured our clients in Peculiar and beyond in excess of $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Peculiar, MO now at (314) 500-HURT.

If you were harmed by a dangerous product in Peculiar, MO, find out how much your claim may be worth by using our complimentary personal injury calculator.



Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Peculiar, 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 Peculiar, MO?

The Consumer Product Safety Commission states that defective products result in more than 29 million injuries and 21,000 fatalities annually.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the incredible destruction that can be caused when manufacturers and distributors do not adhere to proper safety measures.

If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Peculiar, MO for passionate, committed and experienced support and legal counsel.

How Defective Products Claims Work in Peculiar, MO

Under Missouri Revised Statute §537.760, you and your Peculiar, MO defective products lawyer can make a "strict liability" claim if three factors are met:

1. The corporation was part of the product's stream of commerce.
2. The product was used in a manner logically expected.
3. Either or both of the following conditions:
   1. The product had a defective condition that was unreasonably dangerous when the product was sold 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 involved in the product from initial design to sale, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product can avoid liability if:

• You discover who the manufacturer is, it still does business and is financially capable of compensating you for all of your damages.
• The entity that sold it makes an affidavit under oath that their only involvement in the chain of distribution was selling it.
• No other party in the case puts forward evidence that the vendor was involved in any other aspect of the chain of distribution.
• The motion to dismiss is filed within 60 days.

If those conditions are fulfilled, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they had a larger role in the design and manufacture of the product than they implied, were otherwise liable for the fault or the manufacturer is unable to reimburse you for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation that they owe you.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be entirely understood before use by the consumer. This defense is only applicable to for inadequate warning product liability 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 lawsuits in Peculiar, MO are determined by the idea of negligence. We all owe each other a duty of care in certain situations; for example, Peculiar, MO dog owners must always have control of their dog. When someone fails in that responsibility, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone in the chain of distribution is accountable for any injuries that results the reasonable use of a product, whether they were negligent or not. 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 Peculiar, 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 came into your possession.

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 flaw in the design that subsequently affects all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
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 faulty, 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 bugs or other contaminants found in beverages or not properly fastening components to each other.
3. Insufficient Warnings and Instructions: 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. The company that makes a product generally does not have to warn against risks that a reasonable person would anticipate. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to encourage corporations to implement thorough safety procedures for verifying that their products will not pose a danger to the public. Even so, too often companies are negligent and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Peculiar, MO will fight by your side and insist on nothing but a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Peculiar, MO

An oft-used defense for manufacturers in a dangerous product case is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the defendants to argue that you share a portion of the fault 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 to blame for the accident, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the chain of distribution makes to get out their obligation to pay you for the damage their product did to you. Your Peculiar, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may argue you shoulder 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 distributor 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. 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 happening.
• 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 decrease it but can considerably diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car crash. 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 wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
• 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 failed 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 injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you followed recommended safety measures.
• You failed to try to keep your damages to a minimum. 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 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 chain of distribution 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. Powerful corporations and insurance companies implement numerous tricks to try and lower your claim, but your Peculiar, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations are unfair 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 compensation you are awarded, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law immediately at (314) 500-HURT for legal advocacy that parallels and eclipses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Peculiar, MO

Our defective products lawyer team sees in Peculiar, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to accident and fires, and fail to protect drivers and passengers from harm as intended. Common defective automobile parts we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wires
• Wheels
• Door latches
• Engine cooling fan blades

Alternative vehicles like 4-wheelers can also cause harm, 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 Peculiar, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Peculiar, MO has seen cause further injuries to patients are:

• 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
• Surgical robots intended 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 internal burns
• Blood clot filters that permit dislodged blood clots to slip into the lungs
• Permanent birth control devices that can perforate organs, result in pelvic pain, abnormal bleeding and unplanned pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly as a result of problems with software.

In 2017, the U.S. Health and Human Services Department reported that over 10 years Medicare paid out at least $1.5 billion to replace over 73,000 faulty heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Peculiar, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.

Earlier 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 negligently packaged and shipped, causing them to deteriorate sooner than anticipated and have caused unimaginable pain and permanent damage to possibly as many as 150,000 people who had the replacement joint implanted. 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 view the complaint we filed for our first client by clicking the link below:

View Complaint

Defective Drug Lawyer in Peculiar, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must adhere to 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 market. With no absolute independent testing many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Peculiar, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable.

Four thousand five hundred medications and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you care about sustained injuries because of irresponsible pharmaceutical companies and manufacturers, get in touch with 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 they have caused. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other examples of dangerous products we see in Peculiar, MO include:

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

Every Burger Law defective products lawyer in Peculiar, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Peculiar 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 securing you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Peculiar, 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 Peculiar, MO now at (314) 500-HURT or contact us online to start on the path to a true recovery.