Defective Products Lawyer in Perryville, MO.

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

Think of 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 at in a chair or work around machines, and/or use your iPhone throughout the day. You may go 4-wheeling on your days off. You may even have a joint replacement 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 buyer. When there is an error in the chain of distribution and a product becomes dangerous, it can have a catastrophic effect on Perryville, MO individuals and families. When that happens to you, you need the skilled and dedicated legal representation of Burger Law's defective products lawyer team to fight on your behalf and get you the full financial recovery you deserve.

In our In our 30 years of experience fighting for fairness and justice, we have won our clients in Perryville and beyond over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Perryville, MO today at (314) 500-HURT.

If you were harmed by a dangerous product in Perryville, MO, find out the true value of your claim by utilizing our complimentary personal injury calculator.



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

Perryville, MO Defective Products Statistics

The Consumer Product Safety Commission states that faulty products cause in excess of 29 million injuries and 21,000 deaths each year.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that juries awarded plaintiffs in product liability claims was over $7 million, while the median was $2 million. That speaks to the extreme devastation that can be caused when manufacturers and vendors do not adhere to the rules.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Perryville, MO for passionate, committed and knowledgeable support and legal advocacy.

How Defective Products Claims Work in Perryville, MO

Under Missouri Revised Statute §537.760, you and your Perryville, MO defective products lawyer can file a "strict liability" suit if three conditions are true:

1. The corporation was involved in the product's stream of commerce.
2. You used the product in a way logically expected.
3. One or both of the following:
   1. The product had a defective condition that was unreasonably dangerous when it left the manufacturer's or distributor's that was the proximate cause of your injuries, and/or
   2. You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including a distributor or vendor. 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 claim if:

• The manufacturer is known, still exists and can afford to pay for the entirety of your injuries.
• The seller signs an affidavit under oath that their only involvement in the stream of commerce was selling it.
• There is no evidence is submitted to the court that the distributor was involved in any other aspect of the design and manufacturing process.
• The dismissal is requested to the court no later than 60 days after the complaint is filed.

If those conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they had a larger role in the production of the product than they intimated, were otherwise to blame for the defect or the manufacturer cannot reimburse you for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great compensation you deserve.

Missouri Revised Statute §537.764 has an exception 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 was introduced to the public. This defense is only valid for failure to warn product liability claims, and the burden of proof is on the defense.

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

Most personal injury suits in Perryville, MO are decided by the notion of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, doctors must treat their Perryville, MO patients with a standard of care. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention 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 dangerous products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is liable 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 Perryville, 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 fault in the design that afterwards affects all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
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 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 installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused injury because it did not give proper instructions or warnings about inherent dangers. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product generally does not have to warn against obvious risks. For instance, 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 that their products will not pose a danger to the public. Even so, too often corporations are negligent and concentrate more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Perryville, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Perryville, MO

An oft-used defense for manufacturers in a product liability lawsuit is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the chain of distribution to put forth the defense that you are liable for a portion of the fault and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to avoid their obligation to reimburse you for the harm they have caused. Your Perryville, 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, 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 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 reasonably foresee that happening.
• You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can considerably lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto wreck. A pharmaceutical company could reasonably see 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 referred to as "Assumption of the risk," a concept in tort claims wherein, 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 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 harmed doing such a thing.
• You failed to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. 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 obeyed proper protocols.
• You did not mitigate your damages. In any personal injury claim, you are expected to try to lessen the financial recovery you are owed. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 — 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. Powerful corporations and insurance companies employ a lot of tricks to try and devalue your claim, but your Perryville, MO defective products lawyer at Burger Law knows how to combat them. We know these companies will try everything to avoid paying you and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the compensation you are awarded, and you do not pay us anything until you get the great compensation you deserve. Call Burger Law immediately at (314) 500-HURT for legal representation that rivals and eclipses that of bullying manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Perryville, MO

Our defective products lawyer team sees in Perryville, 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, 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 work as they should. Common faulty automobile parts we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Tires
• Door latches
• Accelerators

Offroad vehicles like 4-wheelers 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 Perryville, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Perryville, MO has seen be defective include:

• Artificial joints that can cause infections, limited mobility, chronic soreness or repeated dislocations
• Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
• Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can cause punctured organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
• Permanent birth control devices that can perforate organs, cause pain in the pelvic region, excessive hemorrhaging and unplanned pregnancies

As the medical industry keeps implementing new technologies, medical device recalls have gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the number one cause.

In 2017, the U.S. Health and Human Services Department announced that throughout a decade Medicare paid out at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of improving our lives. If a flawed medical device ended up aggravating your condition, your Perryville, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to degrade too quickly and have caused unthinkable pain and permanent damage to potentially as many as 150,000 people who had received the replacement joint. 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 view our original complaint here:

View Complaint

Defective Drug Lawyer in Perryville, MO

The Federal Drug Administration has stringent 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 medications reach the market whose potential side effects greatly outweigh their 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, 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 Perryville, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or a family member had your condition worsen because of careless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored 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 feel sense of justice for the wrongful death of their loved one.

Other common dangerous products we file suit for in Perryville, 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 Perryville, MO knows that being injured by a dangerous product can completely disrupt your life. That is why we endeavor to see the vulnerable in Perryville and throughout Missouri collect maximum 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 do not hesitate to start working on securing you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical toll your injury has taken on you and your Perryville, 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 Perryville, MO immediately at (314) 500-HURT or contact us online to take the first step toward being made whole again.