Defective Products Lawyer in St. Clair, MO.

Defective Products Lawyer in St. Clair, MO. If you or a family member was harmed by a dangerous product, reach out to a Burger law defective products lawyer in St. Clair, MO today at (314) 500-HURT or fill out our online form for a complimentary consultation.

Imagine what you do every day: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around machines, and/or use your cell phone 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 product that has gone through various stages of design and production before it reaches the buyer. When there is an oversight in that process and a product becomes dangerous, it can have a ruinous effect on St. Clair, MO individuals and families. When that happens to you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and deliver you the great financial recovery you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in St. Clair and beyond more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in St. Clair, MO today at (314) 500-HURT.

If you were hurt by a faulty product in St. Clair, MO, see how much your claim may be worth by filling out our complimentary personal injury calculator.



The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in St. Clair, 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 St. Clair, MO?

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

According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by faulty 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 an unsafe product can cause.

If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in St. Clair, MO for passionate, committed and talented support and legal advocacy.

What is the Process for Defective Products Claims in St. Clair, MO?

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

1. The person was part of the product's chain of distribution.
2. You used the product in a manner rationally expected.
3. One or both of the following:
   1. The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or seller's and your injuries are a direct result of that defect, and/or
   2. Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.

The "stream of commerce" refers to anyone involved in the product from initial design to purchase, including a distributor or vendor. According to 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 has not closed their business and is financially capable of compensating you for all of your injuries.
• 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 seller was involved in any other facet of the stream of commerce.
• The motion to dismiss is filed within 60 days.

If the aforementioned conditions are met, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise to blame for the dangerous condition or the manufacturer cannot reimburse you for all of the economic, physical and emotional loss you sustained, 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 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 applicable to for failure to warn product liability claims, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury suits in St. Clair, MO are won or lost based on the concept of negligence. We all have an responsibility to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the St. Clair, MO roads. When someone is negligent, for example if if there a loose floor boards at a restaurant that cause you to fall they can be found accountable for your damages and would owe you a financial recovery.

However, most product liability or hazardous products cases are determined by strict liability, meaning that anyone in the chain of distribution is at fault 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 St. Clair, 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 flaw in the design that afterwards affects all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous 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 hazardous chemicals. An example could be bugs or other contaminants found in beverages or a swing set with a cracked chain.
3. Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This occurs when the product was not dangerous through design or manufacture, but instead 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 a drug that is sold without mentioning certain risks or side effects 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 example, they do not have to warn you that a match could start a fire.

Strict liability is meant to incentivize corporations to implement comprehensive safety procedures for ensuring that their products will not put the people who use it at risk. Even so, too often corporations do not respect their obligation to make safe products and try to focus more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in St. Clair, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in St. Clair, MO

An oft-used defense for manufacturers in a product liability lawsuit is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or seller to posit that you are liable for a portion of the fault 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 at fault for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to eschew their responsibility to pay you for the harm they have caused. Your St. Clair, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative negligence 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 the public to use it. For example, while chairs are meant for sitting, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. On the other hand, if you use a loaded shotgun to prop a door open and it misfires, 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 considerably lower it but can considerably reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle accident. 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 referred to as "Assumption of the risk," a theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
• You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
• You failed to follow safety guidelines. 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 proper protocols.
• You did not mitigate your damages. 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 have nothing to do with. 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 you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies use a variety of deceitful tactics to try and minimize your claim, but your St. Clair, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations are unfair and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you are awarded, and you do not pay us anything until you get the great compensation you deserve. Call Burger Law today at (314) 500-HURT for legal advocacy that parallels and exceeds that of bullying manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in St. Clair, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in St. Clair, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause accident and fires, and fail to protect drivers and passengers from harm as intended. Common defective car components we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wires
• Wheels
• Seats
• Engine cooling fan blades

Alternative vehicles like 4-wheelers can also cause injuries, 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 St. Clair, 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 St. Clair, MO has seen be defective are:

• Artificial joints that can result in infections, instability, pain or frequent dislocations
• Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
• Robotic surgical assistants intended to operate on hard to reach areas which, when they do not work properly, can result in pierced organs, infections and internal burns
• Blood clot filters that permit free-floating blood clots to travel up to the lungs
• Permanent birth control devices that can puncture organs, cause pain in the pelvic region, abnormal blood loss and unplanned pregnancies

As the medical industry keeps inventing more and more advanced technologies, the numbers of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly because of problems with software.

In 2017, the U.S. Health and Human Services Department reported that over the span of 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 advanced medical devices might cause us extensive pain instead of helping us. If a flawed medical device caused you damages, your St. Clair, MO defective injuries lawyer at Burger Law will fight for your right to be compensated 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 deteriorate sooner than anticipated and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 people who were depending on the replacement joint to return their mobility. 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 read our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in St. Clair, MO

The Federal Drug Administration has strict 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 market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over 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 St. Clair, MO to stand up to these bullying corporations and make them realize that their behavior is unacceptable.

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 loved one sustained injuries because of careless pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer as soon as possible. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from their family too soon.

Other examples of dangerous products we collect compensation for our clients for in St. Clair, 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 St. Clair, MO knows that being injured by a hazardous product can completely upend your life. That is why we endeavor to see the vulnerable in St. Clair 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 immediately start working on securing you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical toll your injury has taken on you and your St. Clair, MO family. We will fight by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in St. Clair, MO today at (314) 500-HURT or contact us online to start on your journey to being made whole again.