Defective Products Lawyer in Pettis County, MO.

Defective Products Lawyer in Pettis County, MO. If you or a loved one was harmed by a dangerous product, reach out to a Burger law defective products lawyer in Pettis County, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case review.

Imagine 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 machinery, and/or use your android at various times during the day. You may go boating on the weekend. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was engineered, produced, packaged and sold. When there is an error in the stream of commerce and a product becomes defective, it can cause serious harm to you and your Pettis County, MO family. If tragedy struck you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the best possible financial recovery you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have delivered our clients in Pettis County and beyond in excess of $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 Pettis County, MO immediately at (314) 500-HURT.

If you were injured by a faulty product in Pettis County, MO, discover the true value of your case by utilizing our complimentary personal injury calculator.



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

Pettis County, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that hazardous products account for in excess of 29 million injuries and 21,000 deaths annually.

Based on 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 shows the unbelievable destruction an unsafe product can cause.

If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Pettis County, MO for passionate, committed and experienced support and legal advocacy.

How Defective Products Claims Work in Pettis County, MO

Under Missouri Revised Statute §537.760, you and your Pettis County, MO defective products lawyer can can hold a person or corporation at fault for your injuries if three factors are met:

1. The defendant was part of the product's stream of commerce.
2. The product was used in a way logically anticipated.
3. Either or both of the following conditions:
   1. The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or distributor's that caused you direct harm, 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 involved in the product from initial design to purchase, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it can be dismissed from the lawsuit if:

• You discover who the manufacturer is, it still exists and is financially capable of reimbursing you for all of your damages.
• The entity that sold it makes an affidavit under oath that they had nothing to do with the product beyond selling it.
• There is no evidence is submitted to the court that the distributor took part in any other part of the design and manufacturing process.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are met, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise to blame for the dangerous condition or the manufacturer cannot reimburse 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 that every liable party is held responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be completely understood before use by the consumer. This defense is only valid for inadequate warning product liability claims, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury suits in Pettis County, MO are determined by the concept of negligence. We all have an obligation to each other's safety in certain situations; for example, Pettis County, MO dog owners must always have control of their dog. When someone fails in that responsibility, for instance if if you are misdiagnosed because of substandard medical attention they can be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or dangerous products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is responsible for any damage a product causes, 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 Pettis 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 innate fault in the design that subsequently passes the defect to all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe 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 dangerous chemicals. An example could be installing outdated components or a swing set with a cracked chain.
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 danger 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically 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 meant to hold corporations accountable and persuade them to implement thorough safety protocols for ensuring that their products will not pose a danger to the public. However, too often companies do not value our safety and spend more energy on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Pettis County, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but complete compensation.

Comparative Negligence in Defective Productions Claims in Pettis County, MO

Manufacturers, vendors and anyone else in the chain of distribution will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to posit that you share a portion of your injuries and, therefore, they do not have to pay you 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 at fault for your injuries, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to eschew their responsibility to reimburse you for the damage their product did to you. Your Pettis County, 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 distributor is only responsible for ensuring the product is safe for reasonable or predictable use. 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 use a loaded gun 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 completely avoid fault but can considerably decrease it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car accident. A pharmaceutical company could reasonably see 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 referred to as "Assumption of the risk," a theory in tort claims wherein, 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 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 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 chain of distribution from liability. 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 followed recommended precautions.
• You failed to mitigate your damages. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. For example, you cannot seek unnecessary medical treatment. 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 — argue that comparative fault applies to your claim, that does not mean the claim is automatically true. Bullying corporations and insurance companies use a lot of dishonest ruses to try and minimize your claim, but your Pettis County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations have a lot of money to throw at their defense 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 financial recovery you collect, and you do not pay us anything until you get the great compensation you deserve. Call Burger Law right away at (314) 500-HURT for legal counsel that parallels and eclipses that of resistant manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Pettis County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Pettis County, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to crashes and fires, and fail to protect drivers and passengers from harm as intended. Common defective motor vehicle components we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wiring
• Tires
• 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 Pettis County, MO

Medical devices are intended 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 complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Pettis County, MO has seen cause further complications for patients include:

• Artificial joints that can lead to infections, instability, pain or frequent dislocations
• Pacemakers, which can lead to infections or even wrongful death because of premature failures
• Robotic surgical assistants intended 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 internal burns
• Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
• Permanent birth control implements that can puncture organs, cause pelvic pain, abnormal blood loss and unintended pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly because of defects in software.

In 2017, the U.S. Health and Human Services Department found that in the course of 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of easing it. If a faulty medical device caused you injuries, your Pettis County, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February of this year, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements deteriorate too quickly and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 patients who had the replacement joint implanted. 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 Pettis County, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey from manufacturing to sale. 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. With no absolute third-party testing many prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line 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 Pettis 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 that is often after many people have already turned to them for treatment and relief. If you or someone you care about sustained injuries because of irresponsible pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by securing you compensation and holding negligent corporations accountable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other examples of defective products we file suit for in Pettis 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 Pettis County, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we have devoted our careers to seeing the vulnerable in Pettis County and throughout Missouri recover the best possible compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. 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, in addition to the mental and physical hardships your injury has taken on you and your Pettis 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 Pettis County, MO immediately at (314) 500-HURT or contact us online to start on the path to true healing.