Defective Products Lawyer in Ste. Genevieve, MO.

Defective Products Lawyer in Ste. Genevieve, 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 Ste. Genevieve, MO now at (314) 500-HURT or fill out our online form for a free case evaluation.

Imagine what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around heavy machinery, and/or use your android at various times during the day. You may drive go-carts on your free days. You may even have a ankle replacement 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 buyer. When there is a mistake in that process and a product becomes dangerous, it can cause severe injuries to you and your Ste. Genevieve, MO family. If tragedy struck you, you need the skilled and committed legal services of Burger Law's defective products lawyer team to stand by your side and secure you the great compensation you are owed.

In our In our three decades of experience fighting for fairness and justice, we have delivered our clients in Ste. Genevieve 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 Ste. Genevieve, MO immediately at (314) 500-HURT.

If you were injured by a faulty product in Ste. Genevieve, MO, see how much your claim may be worth by filling out our free personal injury calculator.



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Ste. Genevieve, 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?

Ste. Genevieve, MO Defective Products Statistics

The Consumer Product Safety Commission states that defective products result in over 29 million injuries and 21,000 fatalities annually.

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

If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Ste. Genevieve, MO for passionate, committed and skilled support and legal representation.

How Defective Products Claims Work in Ste. Genevieve, MO

Under Missouri Revised Statute §537.760, you and your Ste. Genevieve, MO defective products lawyer can file a "strict liability" suit if three conditions are true:

1. The company was involved in the product's stream of commerce.
2. You used the product in a manner rationally foreseen.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably dangerous when the product was sold 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 going to the market, from initial design to purchase, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can avoid liability if:

• You discover who the manufacturer is, it still exists and is financially capable of paying 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 brought in front of the court that the vendor took part in any other aspect of the design and manufacturing process.
• The dismissal is requested to the court within 60 days.

If those conditions are fulfilled, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they had a larger role in the design and manufacture of the product than they led on, were otherwise liable for the hazardous condition or the manufacturer is unable to compensate 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 at-fault party is held responsible.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be fully understood before use by the consumer. This defense is only applicable to for failure to warn product liability claims, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury claims in Ste. Genevieve, MO are decided by the notion of negligence. We all owe each other a duty of care in certain situations; for example, Ste. Genevieve, MO dog owners must always have control of their dog. 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 compensation.

By contrast, most product liability or hazardous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is responsible for any injuries 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 Ste. Genevieve, 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 defect in the design that afterwards affects all products with the same design. An example is an electrical appliance that can overheat and cause fires.
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 dangerous, 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. Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about innate risks. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product typically does not have to warn against dangers that a reasonable person would anticipate. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to encourage corporations to implement thorough safety procedures for verifying that their products will not put the people who use it at risk. However, too often companies do not value our safety and try to focus more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Ste. Genevieve, MO will fight on your behalf and insist on only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Ste. Genevieve, MO

An oft-used defense for manufacturers in a product liability lawsuit is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce to argue that you are responsible for a portion of your injuries and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt an entity involved in the stream of commerce makes to eschew their duty to pay you for the damage their product did to you. Your Ste. Genevieve, MO defective products lawyer at Burger Law will not let them get away with it. 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 be expected to 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 entirely avoid liability but can considerably reduce 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 knew of inherent risks of the product while you were using it. This is often called 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 you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
• 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 injured doing such a thing.
• You failed to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling 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 obeyed proper protocols.
• You did not try to keep your damages to a minimum. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot refuse to return to work when you are healthy enough to do so. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the stream of commerce can — and will — work hard to persuade a jury that comparative negligence applies to your injuries, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ a variety of deceitful tactics to try and devalue your claim, but your Ste. Genevieve, 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 unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you get, and you do not pay us anything until we win your case. Get in touch with Burger Law now at (314) 500-HURT for legal counsel that rivals and exceeds that of bullying manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Ste. Genevieve, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Ste. Genevieve, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in wrecks and fires, and fail to protect occupants from harm as intended. Common defective automobile parts we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical systems
• Tires
• Steering systems
• Headlights and taillights

Alternative vehicles like ATVs can also cause damage, 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 Ste. Genevieve, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Ste. Genevieve, MO has seen be defective include:

• Artificial joints that can lead to infections, limited mobility, chronic soreness 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 designed to operate on hard to reach areas which, when faulty, can result in perforated organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
• Permanent birth control devices that can pierce organs, lead to pain in the pelvic region, excessive blood loss and unwanted pregnancies

As the medical industry keeps coming up with new technologies, the amount of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to problems with software.

In 2017, the U.S. Health and Human Services Department stated that over the span of a decade Medicare spent at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a defective medical device caused you damages, your Ste. Genevieve, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to degrade too quickly and have caused unimaginable pain and lifelong damage to potentially as many as 150,000 patients 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 got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can view our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Ste. Genevieve, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must adhere to 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 medications 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 truly help their condition. Currently, recalling a drug is largely voluntary. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Ste. Genevieve, MO to stand up for the vulnerable and let these corporations know that their behavior 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 received injuries because of reckless 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 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 Ste. Genevieve, MO include:

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

Every Burger Law defective products lawyer in Ste. Genevieve, MO knows that being injured by a faulty product can completely upend your life. That is why we have dedicated our careers to seeing the vulnerable in Ste. Genevieve and throughout Missouri collect the best possible compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on getting you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical toll your injury has inflicted on you and your Ste. Genevieve, MO family. We will stand 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 Ste. Genevieve, MO now at (314) 500-HURT or contact us online to take the first step toward true healing.