Defective Products Lawyer in South St. Louis County, MO.

Defective Products Lawyer in South St. Louis County, MO. If you or a loved one sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in South St. Louis County, MO right away at (314) 500-HURT or fill out our online form for a free case evaluation.

Imagine your daily routine: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around heavy machinery, and/or use your iPhone at various times during the day. You may drive go-carts on the weekend. You may even have a pacemaker 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 that process and a product becomes defective, it can cause serious injuries to you and your South St. Louis County, MO family. If tragedy struck you, you need the knowledgeable and devoted legal representation of Burger Law's defective products lawyer team to fight on your behalf and win you the great compensation you are owed.

In our 30 years of negotiation, litigation and trial experience, we have gotten our clients in South St. Louis County and beyond in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in South St. Louis County, MO right away at (314) 500-HURT.

If you were injured by a dangerous product in South St. Louis County, MO, learn how much your claim may be worth by utilizing our free personal injury calculator.



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in South St. Louis 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?

How Common Are Defective Products in South St. Louis County, MO?

The Consumer Product Safety Commission estimates that hazardous products result in more than 29 million injuries and 21,000 fatalities every year.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme harm an unsafe product can cause.

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

How Defective Products Claims Work in South St. Louis County, MO

Pursuant to Missouri Revised Statute §537.760, you and your South St. Louis County, MO defective products lawyer can make a "strict liability" claim if three conditions are true:

1. The corporation was part of the product's design, manufacture, distribution and sale.
2. You used the product in a way rationally foreseen.
3. One or both of the following:
   1. The product had a defective condition that was unreasonably hazardous when the product was sold 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 hazardous condition.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to sale, including a distributor or vendor. According to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can be dismissed from the case if:

• You discover who the manufacturer is, it still does business and can afford to pay for the entirety of your damages.
• The vendor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
• No other party in the case comes forward with evidence that the distributor was involved in any other facet of the chain of distribution.
• The motion to dismiss is filed within 60 days.

If the aforementioned conditions are satisfied, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise liable for the fault or the manufacturer cannot pay for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every to-blame party is held accountable.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only valid for inadequate warning defective products cases, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury cases in South St. Louis County, MO are based on the idea of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, doctors must treat their South St. Louis County, MO patients with a standard of care. When someone fails in that duty, for instance if if you are misdiagnosed because of substandard medical attention they may be found liable for your damages and would have to pay you compensation.

However, most product liability or hazardous products cases are determined by strict liability, meaning that a designer, manufacturer or vendor 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 South St. Louis 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 — 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 fault in the design that subsequently passes the defect to 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 mistakes in the manufacturing process. This can either only make one product hazardous, 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. Insufficient Warnings and Instructions: This refers to a product that was designed and manufactured 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 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 dangers. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement exhaustive safety procedures for ensuring that their products will not pose a danger to the public. However, too often companies do not value our safety and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in South St. Louis County, MO will hold them responsible by conducting a full investigation of your case and insisting on only complete compensation.

Comparative Negligence in Defective Productions Claims in South St. Louis County, MO

Manufacturers, distributors 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 distributor to argue that you share a portion of your damages and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent to blame for your injuries, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt a manufacturer makes to eschew their responsibility to reimburse you for the damage their product did to you. Your South St. Louis County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According to the statute, the defense may say you bear some or all of the fault if one or several of the following circumstances are present in your case:

• 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, 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 use of the product.
• 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 entirely avoid liability but can significantly lower it. Say 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 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 whereby, 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 say that any reasonable person would have known that they could be seriously harmed doing such a thing.
• You did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. 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 obeyed recommended precautions.
• You did not 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 seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the chain of distribution can — and will — argue that comparative negligence applies to your case, that does not mean they will be successful. Large corporations and insurance companies use a lot of tricks to try and minimize your claim, but your South St. Louis County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair and try to take advantage of people who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you get, 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 representation that matches and exceeds that of bullying manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in South St. Louis County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in South St. Louis County, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause crashes and fires, and lead to further injuries when the safety components to not work as they should. Common faulty motor vehicle components we see are:

• Brakes
• Airbags
• Ignitions
• Electrical systems
• Tires
• Door latches
• Engine cooling fan blades

Offroad vehicles like ATVs can also cause damage, for instance many of them are prone to flipping 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 South St. Louis 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 injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in South St. Louis County, MO has seen be defective include:

• Artificial hips, knees or other joints that can lead to infections, instability, pain or repeated dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can result in perforated 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 puncture organs, cause pelvic pain, excessive blood loss and unplanned pregnancies

As the medical industry keeps implementing more and more advanced technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the leading factor.

In 2017, the U.S. Health and Human Services Department stated that throughout a decade Medicare had to spend at least $1.5 billion to replace more than 73,000 defective 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 defective medical device ended up aggravating your condition, your South St. Louis County, 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused incredible pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was contacted by a client, we immediately got to work bringing them what peace of mind we could and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint here:

View Complaint

Defective Drug Lawyer in South St. Louis County, MO

The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. 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. That means that 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 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 South St. Louis County, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Four thousand five hundred medications and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or a loved one had your condition deteriorate because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations accountable. 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 defective products we file suit for in South St. Louis County, MO include:

• Children's toys
• Chemicals such as week killer
• Baby powder
• Household appliances
• Industrial machinery
• Cell phone batteries
• Beauty products

Every Burger Law defective products lawyer in South St. Louis County, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in South St. Louis County and throughout Missouri collect full 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 delivering 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 South St. Louis 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 South St. Louis County, MO today at (314) 500-HURT or contact us online to take the first step toward true healing.