Defective Products Lawyer in St. Louis, MO.

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

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 in your car, sit by a computer or work around machines, and/or use your android at various times during the day. You may go boating on your free days. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was engineered, manufactured, packaged and purchased. When there is an error in that process and a product becomes dangerous, it can cause severe harm to you and your St. Louis, MO family. When that happens to you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and deliver you the maximum financial recovery you deserve.

In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have delivered our clients in St. Louis and beyond over $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 St. Louis, MO immediately at (314) 500-HURT.

If you were hurt by a defective product in St. Louis, MO, discover the true value of your claim by filling out our complimentary personal injury calculator.



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

The Consumer Product Safety Commission estimates that defective products account for more than 29 million injuries and 21,000 deaths annually.

According to facts 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 incredible devastation that can be caused when manufacturers and vendors do not obey adequate safety protocols.

If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in St. Louis, MO for understanding, committed and experienced support and legal advocacy.

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

Under Missouri Revised Statute §537.760, you and your St. Louis, MO defective products lawyer can can hold a person or company at fault for your damages if three factors are true:

1. The company was part of the product's design, manufacture, distribution and sale.
2. You used the product in a way reasonably expected.
3. Either or both of the following conditions:
   1. The product had a defective condition that was unreasonably dangerous when you bought the product that was the proximate cause of your injuries, and/or
   2. You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can be dismissed from the lawsuit if:

• The manufacturer is known, has not closed their business and can afford to reimburse you for the entirety of your damages.
• The seller signs an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
• There is no evidence is presented to the court that the vendor took part in any other aspect of the design and manufacturing process.
• The dismissal is requested to the judge within 60 days.

If the aforementioned conditions are fulfilled, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they had a larger role in the engineering of the product than they led on, were otherwise to blame for the defect or the manufacturer cannot compensate you for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery you deserve.

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

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

The majority of personal injury suits in St. Louis, MO are based on the concept of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they might be held responsible 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 to blame for any injuries 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 St. Louis, 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 inherent fault in the design that subsequently 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 dangerous because of a failure 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about innate dangers. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. 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 intended to hold corporations accountable and persuade them to implement exhaustive safety protocols for guaranteeing the safety of their products. However, too often corporations do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in St. Louis, MO will fight on your behalf and demand nothing but the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in St. Louis, 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 permits for those in the stream of commerce to argue that you are liable for a portion of your injuries and, therefore, they are not liable for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for your injuries, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to avoid their obligation to reimburse you for the harm they have caused. Your St. Louis, 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 are present in your case:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor 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 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 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. 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 hazards 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 the injured party was aware of risks, 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 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 neglected to 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 were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries are your fault because you had not obeyed proper protocols.
• 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 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 the manufacturer or distributor can — and will — try to convince the court that comparative fault applies to your case, that does not mean they will be successful. Bullying corporations and insurance companies employ numerous deceitful tactics to try and lower your claim, but your St. Louis, 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 we collect a moderate percentage of the financial recovery you are awarded, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law now at (314) 500-HURT for legal advocacy that matches and eclipses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in St. Louis, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in St. Louis, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in accident and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous automobile parts we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wires
• Tires
• Steering systems
• Engine cooling fan blades

Alternative 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 St. Louis, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in St. Louis, MO has seen cause further complications for patients include:

• Artificial hips, knees or other joints that can result in infections, instability, pain or frequent dislocations
• Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
• Robotic surgical assistants designed to operate on hard to reach areas which, when defective, can result in perforated organs, infections and electrical burns
• Blood clot filters that allow dislodged blood clots to slip into the lungs
• Permanent birth control devices that can perforate organs, cause pelvic pain, excessive blood loss and unplanned pregnancies

As the medical industry keeps inventing new technologies, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, mostly because of issues with software.

In 2017, the U.S. Health and Human Services Department found that throughout 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 defective heart devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a defective medical device caused you injuries, your St. Louis, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

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 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 filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint here:

View Complaint

Defective Drug Lawyer in St. Louis, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must follow from manufacturing to delivery. 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 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 St. Louis, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Four thousand five hundred drugs 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 love had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer now. We fight hard to see justice served by winning you compensation and holding negligent corporations liable. 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 examples of defective products we file suit for in St. Louis, 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. Louis, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we endeavor to see the vulnerable in St. Louis and throughout Missouri collect great 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 delivering you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical hardships your injury has taken on you and your St. Louis, 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 St. Louis, MO now at (314) 500-HURT or contact us online to take the first step toward true healing.