Defective Products Lawyer in Union, MO.

Defective Products Lawyer in Union, MO. If you or a loved one was injured by a dangerous product, reach out to a Burger law defective products lawyer in Union, 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 have put on some lotion or hair gel 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 throughout the day. You may go boating on your days off. You may even have a prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was designed, manufactured, packaged and bought. When there is an oversight in that process and a product becomes hazardous, it can cause serious injuries to you and your Union, MO family. When that happens to you, you need the skilled and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the full compensation you deserve.

In our In our 30 years of experience standing up for fairness and justice, we have won our clients in Union and beyond over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Union, MO now at (314) 500-HURT.

If you were injured by a dangerous product in Union, MO, find out how much your claim may be worth by filling out our complimentary personal injury calculator.



Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Union, 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?

Union, MO Defective Products Statistics

The Consumer Product Safety Commission has found that dangerous products result in over 29 million injuries and 21,000 deaths every year.

According to facts 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 speaks to the extreme ruin that can be caused when manufacturers and vendors do not follow adequate safety protocols.

If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Union, MO for passionate, devoted and expert support and legal representation.

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

Pursuant to Missouri Revised Statute §537.760, you and your Union, MO defective products lawyer can file a "strict liability" suit if three conditions are met:

1. The defendant was part of the product's design, manufacture, distribution and sale.
2. The product was used in a way easily anticipated.
3. Either or both of the following conditions:
   1. The product was in a faulty condition that was unreasonably hazardous when it left the manufacturer's or seller's that caused you direct harm, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it may avoid liability if:

• You discover who the manufacturer is, it still does business and is financially capable of compensating you for all of your injuries.
• The vendor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
• There is no evidence is presented to the court that the seller 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 satisfied, the distributor 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 production of the product than they intimated, were otherwise responsible for the hazardous condition or the manufacturer is unable to reimburse you for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery you deserve.

Missouri Revised Statute §537.764 mentions a caveat 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 is only applicable to for failure to warn defective products 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 Union, MO are based on the conception of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, Union, MO dog owners must always have control of their dog. When someone fails in that obligation, for instance if if you are misdiagnosed because of substandard medical attention they may be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or defective products claims come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is to blame for any injuries that results 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 Union, 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 fault in the design that subsequently affects all of that product model that go on to be manufactured. 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 hazardous, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. An example could be incorrectly installing wires or electrical components or not properly fastening components to each other.
3. Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about innate 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. A manufacturer typically does not have to warn against dangers that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to encourage corporations to implement exhaustive safety protocols for verifying the safety of their products. However, too often companies do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Union, MO will hold them accountable by conducting a full investigation of your case and demanding only maximum compensation.

Comparative Negligence in Defective Productions Claims in Union, MO

A common defense for manufacturers in a dangerous product claim is that you are at fault for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the defendants to argue that you share a portion of your damages and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt a manufacturer makes to avoid their obligation to reimburse you for the damage their product did to you. Your Union, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. 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 distributor 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 to be sat on, 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. By contrast, 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 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 decrease it but can significantly decrease it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto accident. A pharmaceutical company could reasonably see 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 concept in tort claims whereby, 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 make custom modification to your car's engine despite not being a mechanic. 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 chain of distribution from liability. If you were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not adhered to proper protocols.
• You failed to 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 unnecessary medical treatment. 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 — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies use a lot of deceitful tactics to try and devalue your claim, but your Union, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense 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 are awarded, and we do not collect any attorney's fees until you get the great compensation you deserve. Call Burger Law right away at (314) 500-HURT for legal advocacy that matches and eclipses that of bullying manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Union, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Union, 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 wrecks and fires, and fail to protect occupants from harm as intended. Common defective automobile parts we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Tires
• Seats
• Engine cooling fan blades

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 Union, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Union, MO has seen cause further complications for patients include:

• Artificial hips, knees or other joints that can lead to infections, limited mobility, chronic soreness or frequent dislocations
• Pacemakers, which can lead to infections or even wrongful death because of premature failures
• Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can lead to perforated organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control implements that can perforate organs, cause pain in the pelvic region, abnormal blood loss and unwanted pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the major factor.

In 2017, the U.S. Health and Human Services Department stated that over a decade Medicare spent at least $1.5 billion to replace over 73,000 faulty cardiovascular devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a defective medical device ended up worsening your condition, your Union, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements deteriorate sooner than anticipated 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 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 Union, MO

The Federal Drug Administration has stringent 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. With no absolute independent testing many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit 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 Union, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Hundreds of thousands of medications 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 a loved one received injuries because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer immediately. 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 some sense of justice for the wrongful death of their loved one.

Other examples of dangerous products we see in Union, 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 Union, MO knows that when manufacturers and distributors 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 vulnerable in Union 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 getting 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 Union, 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 Union, MO immediately at (314) 500-HURT or contact us online to start on the path to being made whole again.