Defective Products Lawyer in West St. Louis County, MO.

Defective Products Lawyer in West St. Louis County, MO. If you or someone you care about sustained an injury because of a dangerous product, call a Burger law defective products lawyer in West St. Louis County, MO immediately at (314) 500-HURT or fill out our online form for a free case review.

Think of what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around heavy equipment, and/or use your iPhone on and off throughout the day. You may go 4-wheeling on your days off. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of product that at one point was designed, manufactured, packaged and bought. When there is an oversight in that process and a product becomes dangerous, it can have a devastating effect on on your life and lives of those you love in West St. Louis County, MO. If tragedy struck 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 full financial recovery you are owed.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in West St. Louis County and throughout Missouri over $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in West St. Louis County, MO immediately at (314) 500-HURT.

If you were hurt by a dangerous product in West St. Louis County, MO, see the true value of your claim by using our free personal injury calculator.



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

West St. Louis County, MO Defective Products Statistics

The Consumer Product Safety Commission states that faulty products are responsible for over 29 million injuries and 21,000 deaths each year.

Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by defective 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 destruction that can be caused when manufacturers and vendors do not obey proper safety measures.

If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in West St. Louis County, MO for compassionate, committed and experienced support and legal advocacy.

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

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

1. The corporation was part of the product's stream of commerce.
2. You used the product in a way reasonably foreseen.
3. Either or both of the following conditions:
   1. The product had a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor's that caused you direct harm, 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 that took part in the product coming to fruiting and going to the market, from initial design to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the case if:

• The manufacturer is known, still exists and is financially capable of reimbursing you for all of your damages.
• The vendor 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 distributor was involved in any other facet of the stream of commerce.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are met, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise at fault for the dangerous condition or the manufacturer is unable to pay for the entirety of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held accountable.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be completely understood before use by the public. This defense is only applicable to for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury suits in West St. Louis County, MO are based on the conception of negligence. We all have a duty to each other's safety in certain situations; for example, West St. Louis County, MO dog owners must always have control of their dog. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they can be found responsible for your damages and would owe you a financial recovery.

By contrast, most product liability or hazardous products claims come down to strict liability, meaning that a designer, manufacturer or vendor is at fault 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 West St. Louis County, 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 imperfection in the design that afterwards passes the defect to 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: 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, 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 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 defective through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about 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 not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer typically does not have to warn against obvious risks. 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 procedures for verifying that their products will not pose a danger to the public. However, too often companies are negligent and spend more energy on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in West St. Louis County, MO will hold them responsible by conducting a full investigation of your case and insisting on only maximum compensation.

Comparative Negligence in Defective Productions Claims in West St. Louis County, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to posit that you share a portion of your damages and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to avoid their obligation to reimburse you for the harm they have caused. Your West St. Louis County, 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 way the manufacturer could foresee. A manufacturer or vendor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. On the other hand, 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 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 lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car collision. 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 principle 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 say that any reasonable person would have known that they could be seriously injured 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 recommended precautions.
• You did not 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 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 vendor can — and will — assert that comparative fault applies to your lawsuit, that does not mean they will be successful. Powerful corporations and insurance companies employ a variety of tricks to try and lower your claim, but your West St. Louis County, MO defective products lawyer at Burger Law knows how to combat them. 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 make an injury claim before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you receive, and you owe us nothing until we win your case. Call Burger Law right away at (314) 500-HURT for legal advocacy that parallels and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in West St. Louis County, MO

Our defective products lawyer team sees in West St. Louis County, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. 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 crashes and fires, and lead to further injuries when the safety components to not function as they should. Common faulty automobile parts we see are:

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

Offroad vehicles like 4-wheelers can also cause damage, for instance if a design defect gives them a heightened propensity 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 West St. Louis County, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in West St. Louis County, MO has seen be defective are:

• Artificial hips, knees or other joints that can lead to infections, instability, pain or recurring dislocations
• Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
• Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can result in 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, abnormal blood loss and unplanned pregnancies

As the medical industry keeps implementing 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 foremost cause.

In 2017, the U.S. Health and Human Services Department found that over a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 flawed heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of helping us. If a flawed medical device ended up aggravating your condition, your West St. Louis County, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to deteriorate sooner than anticipated and have caused incredible pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was contacted 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 by clicking the link below:

View Complaint

Defective Drug Lawyer in West St. Louis County, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must adhere to from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. 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 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 West St. Louis County, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable.

Hundreds of thousands of drugs and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about sustained injuries because of careless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer immediately. 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 actions have taken someone from this world too soon.

Other common dangerous products we collect compensation for our clients for in West St. Louis County, MO include:

• Children's toys
• Chemicals such as cleaning products
• Baby powder
• Household appliances
• Industrial machinery
• Cell phone batteries
• Beauty products

Every Burger Law defective products lawyer in West St. Louis County, 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 West St. Louis County and throughout Missouri be compensated 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 wining you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical hardships your injury has taken on you and your West St. Louis County, 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 West St. Louis County, MO now at (314) 500-HURT or contact us online to start on your journey to true healing.