Defective Products Lawyer in Webster Groves, MO.

Defective Products Lawyer in Webster Groves, MO. If you or a family member was injured by a dangerous product, reach out to a Burger law defective products lawyer in Webster Groves, MO immediately at (314) 500-HURT or fill out our online form for a free consultation.

Think of what your daily like looks like: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around technology, and/or use your android on and off throughout the day. You may go 4-wheeling on your free days. You may even have a knee 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 shelves. When there is a mistake in that process and a product becomes dangerous, it can have a catastrophic effect on Webster Groves, MO individuals and families. When that happens to you, you need the expert and devoted legal services of Burger Law's defective products lawyer team to stand in your corner and win you the great compensation you deserve.

In our three decades of negotiation, litigation and trial experience, we have secured our clients in Webster Groves and throughout Missouri over $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Webster Groves, MO right away at (314) 500-HURT.

If you were harmed by a defective product in Webster Groves, MO, see the true value of your claim by utilizing our complimentary personal injury calculator.



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Webster Groves, 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?

Webster Groves, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that dangerous products are responsible for more than 29 million injuries and 21,000 fatalities annually.

According to data 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 unbelievable harm an unsafe product can cause.

If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in Webster Groves, MO for empathetic, dedicated and knowledgeable support and legal representation.

How Defective Products Claims Work in Webster Groves, MO

According to Missouri Revised Statute §537.760, you and your Webster Groves, MO defective products lawyer can can hold a person or company responsible for your damages if three conditions are met:

1. The defendant was part of the product's design, manufacture, distribution and sale.
2. You used the product in a way easily expected.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, and/or
   2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone involved in the product from initial design to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can avoid liability if:

• The manufacturer is known, still does business and is financially capable of reimbursing you for all of your damages.
• The distributor signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
• No other party in the case submits evidence that the vendor was involved in any other aspect of the design and manufacturing process.
• The dismissal is requested to the court no later than 60 days after the complaint is filed.

If those conditions are satisfied, 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 at fault for the hazardous condition or the manufacturer is unable to pay for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable party is held accountable.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be completely understood before use by the consumer. This defense is only applicable to for failure to warn product liability lawsuits, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury lawsuits in Webster Groves, MO are decided by the idea of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, Webster Groves, MO dog owners must always have control of their dog. When someone is negligent, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be found responsible for your damages and would owe you a financial recovery.

By contrast, most product liability or hazardous products cases are strict liability claims, meaning that anyone in the chain of distribution 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 Webster Groves, 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 imperfection in the design that afterwards passes the fault to all products with the same design. An example is an improperly designed safeguard on a power tool.
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 tainted batch of something intended for drinking containing a poisonous substance.
3. Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product typically does not have to warn against risks that a reasonable person would foresee. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to incentivize corporations to implement thorough safety protocols for guaranteeing that their products will not pose a danger to the public. However, too often corporations are negligent and spend more energy on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Webster Groves, MO will fight by your side and insist on only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Webster Groves, MO

A common defense for manufacturers in a dangerous product claim is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to put forth the argument that you share a portion of your damages and, therefore, they are not required to compensate you for 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, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt a defendant makes to avoid their duty to pay you for the damage their product did to you. Your Webster Groves, 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 seller 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. By contrast, if you are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not reasonably foresee that use of the product.
• You used the product in a manner 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 diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car crash. 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 theory 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 injured doing such a thing.
• You failed to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution 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 recommended safety measures.
• 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 seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because the manufacturer or distributor can — and will — assert that comparative fault applies to your claim, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies implement numerous deceitful tactics to try and minimize your claim, but your Webster Groves, 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 who have never had to file a lawsuit before. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the financial recovery you are awarded, and we do not collect any attorney's fees until you get the great compensation you deserve. Call Burger Law immediately at (314) 500-HURT for legal advocacy that parallels and surpasses that of bullying manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Webster Groves, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Webster Groves, MO. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to collisions and fires, and fail to protect drivers and passengers from harm as intended. Common faulty automobile parts we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Tires
• Seats
• Engine cooling fan blades

Offroad vehicles like ATVs can also cause harm, 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 Webster Groves, 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 implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Webster Groves, 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 recurring dislocations
• Pacemakers, which can result in 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 do not work properly, can lead to pierced 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 perforate 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 soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the major cause.

In 2017, the U.S. Health and Human Services Department found that over the span of a decade Medicare had to spend at least $1.5 billion to replace more than 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of easing it. If a flawed medical device ended up worsening your condition, your Webster Groves, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive 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. Their knee replacements were negligently packaged and shipped, causing them to degrade sooner than anticipated and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was contacted 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 read our original complaint here:

View Complaint

Defective Drug Lawyer in Webster Groves, MO

The Federal Drug Administration has stringent procedures 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 third-party testing many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies put profit over the safety of the people they are supposed to be helping. 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 Webster Groves, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Four thousand five hundred prescriptions and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love had your condition worsen because of reckless pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer now. 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 responsible when their negligence has taken someone from this world too soon.

Other common defective products we collect compensation for our clients for in Webster Groves, MO include:

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

Every Burger Law defective products lawyer in Webster Groves, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we have pledged our lives to seeing the injured in Webster Groves and throughout Missouri receive fair compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on securing you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your Webster Groves, 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 Webster Groves, MO right away at (314) 500-HURT or contact us online to take the first step toward a true recovery.