Defective Products Lawyer in Pevely, MO.

Defective Products Lawyer in Pevely, MO. If you or someone you love sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Pevely, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around heavy equipment, and/or use your iPhone at various times during the day. You may drive go-carts on the weekend. You may even have a prosthetic limb 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 mistake in the stream of commerce and a product becomes dangerous, it can have a disastrous effect on Pevely, MO individuals and families. When that happens to you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to stand by your side and get you the maximum financial recovery you are owed.

In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Pevely and beyond in excess of $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Pevely, MO right away at (314) 500-HURT.

If you were harmed by a defective product in Pevely, MO, learn how much your claim may be worth by using our complimentary personal injury calculator.



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

Pevely, MO Defective Products Statistics

The Consumer Product Safety Commission has found that hazardous products are responsible for more than 29 million injuries and 21,000 deaths each year.

According to data 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 shows the incredible destruction that can be caused when manufacturers and distributors do not follow the rules.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Pevely, MO for empathetic, devoted and talented support and legal counsel.

What is the Process for Defective Products Claims in Pevely, MO?

Pursuant to Missouri Revised Statute §537.760, you and your Pevely, MO defective products lawyer can can hold a person or corporation liable for your damages if three factors are true:

1. The defendant was part of the product's design, manufacture, distribution and sale.
2. The product was used in a manner rationally foreseen.
3. Either or both of the following conditions:
   1. The product was in a defective condition that was unreasonably hazardous when you bought the product that caused you direct harm, 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 "chain of distribution" refers to anyone involved in the product from initial design to sale, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can avoid liability if:

• The manufacturer is known, has not closed their business and can afford to pay for all of your damages.
• The distributor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
• No other party in the case puts forward evidence that the vendor was involved in any other facet of the chain of distribution.
• The dismissal is requested to the judge within 60 days.

If the above conditions are satisfied, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they had a larger role in the engineering of the product than they implied, were otherwise liable for the dangerous condition or the manufacturer cannot compensate you for all of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every to-blame party is held responsible.

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 hit the shelves. This defense will only work for for failure to warn defective products 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 cases in Pevely, MO are based on the conception of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Pevely, MO roads. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they may be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or hazardous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is to blame for any damage 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 Pevely, 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 inherent 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: 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 defective, 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 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 Foreseen: 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 inherent risks. 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 typically does not have to warn against dangers 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 hold corporations accountable and persuade them to implement comprehensive safety protocols for ensuring the safety of their products. However, too often corporations do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Pevely, 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 Pevely, MO

An oft-used defense for manufacturers in a product liability lawsuit is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the defendants to posit that you are responsible 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 determines that you have $100,000 in damages but finds you were 30 percent liable for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to avoid their responsibility to pay you for the harm they have caused. Your Pevely, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances 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 the public 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. 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 use of the product.
• 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 significantly reduce it 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 risks of the product while you were using it. This is often referred to 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 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 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. 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 are your fault because you had not adhered to recommended precautions.
• You failed to try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the financial recovery you are owed. 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 the defense can — and will — argue that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies implement a variety of dishonest ruses to try and minimize your claim, but your Pevely, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair 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 we get paid a moderate percentage of the financial recovery you receive, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law right away at (314) 500-HURT for legal representation that matches and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Pevely, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Pevely, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and fail to protect occupants from harm as intended. Common dangerous car parts we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Tires
• Door latches
• Engine cooling fan blades

Offroad vehicles like ATVs can also cause injuries, 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 Pevely, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Pevely, MO has seen cause further injuries to patients include:

• Artificial joints that can lead to infections, limited mobility, chronic soreness or repeated dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Robotic surgical assistants designed to operate on hard to reach areas which, when faulty, can cause punctured organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can puncture organs, result in pain in the pelvic region, abnormal hemorrhaging and unwanted pregnancies

As the medical industry becomes more high-tech, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the foremost cause.

In 2017, the U.S. Health and Human Services Department found that over a decade Medicare paid out at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a flawed medical device caused you damages, your Pevely, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who had received the replacement joint. 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 the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Pevely, MO

The Federal Drug Administration has firm procedures 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 independent testing many drugs 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, 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 Pevely, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Four thousand five hundred drugs and medical devices are recalled in the U.S. annually, 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, reach out to a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by winning you compensation and holding negligent corporations accountable. Burger Law has already successfully filed suits 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 see in Pevely, 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 Pevely, MO knows that when manufacturers and distributors 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 strive to see the vulnerable in Pevely and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on wining you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Pevely, MO family. We will stand 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 Pevely, MO today at (314) 500-HURT or contact us online to start on your journey to true healing.