Defective Products Lawyer in Westport, MO.

Defective Products Lawyer in Westport, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Westport, MO today 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 a prescription, go to school or work in your car, sit at in a chair or work around machines, and/or use your iPhone on and off throughout the day. You may go boating on your free days. You may even have a prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the market. When there is a breakdown in the stream of commerce and a product becomes dangerous, it can cause serious harm to you and your Westport, MO family. When that happens to you, you need the skilled and dedicated legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the full financial recovery you deserve.

In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have won our clients in Westport and beyond in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Westport, MO immediately at (314) 500-HURT.

If you were hurt by a faulty product in Westport, MO, discover the true value of your case by using our free personal injury calculator.



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

The Consumer Product Safety Commission has found that hazardous products are responsible for over 29 million injuries and 21,000 fatalities each year.

Based on 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 shows the extreme ruin that can be caused when manufacturers and distributors do not follow proper safety measures.

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

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

According to Missouri Revised Statute §537.760, you and your Westport, 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 easily anticipated.
3. Either or both of the following conditions:
   1. The product had a defective condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
   2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

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 the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it may be dismissed from the suit if:

• The manufacturer is known, has not closed their business and is able to compensate you for the entirety of your injuries.
• The entity that sold it makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• No other party in the case comes forward with evidence that the vendor was involved in any other facet of the stream of commerce.
• The dismissal is requested to the court within 60 days.

If the above conditions are fulfilled, the seller 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 were actually involved in the engineering of the product, were otherwise to blame for the hazardous condition or the manufacturer cannot 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 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense is only applicable to for inadequate warning product liability claims, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.

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

Most personal injury lawsuits in Westport, MO are based on the concept of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they might be held responsible for your damages and would have to pay you a financial recovery.

By contrast, most product liability or defective products cases come down to strict liability, meaning that a designer, manufacturer or vendor is responsible for any damage 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 Westport, 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 innate flaw in the design that afterwards affects all of that product model that go on to be manufactured. 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 dangerous because of a failure in the manufacturing process. This can either only make one product dangerous, 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 bugs or other contaminants found in beverages or a swing set with a cracked chain.
3. Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger that could come about from normal use of the product. 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 generally does not have to warn against dangers that a reasonable person would anticipate. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to encourage corporations to implement exhaustive safety procedures for guaranteeing the safety of their products. 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 Westport, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Westport, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the principle of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for those in the chain of distribution to put forth the defense that you are liable for a portion of your injuries and, therefore, they do not have to pay you 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, comparative negligence arguments are an erroneous attempt a manufacturer makes to eschew their obligation to reimburse you for the damage their product did to you. Your Westport, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may argue 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 way 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, 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. By contrast, if you use a loaded rifle 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 manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to completely avoid fault but can considerably decrease 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 referred to as "Assumption of the risk," a concept in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 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 did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution from liability. If you were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you followed proper protocols.
• You did not mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 — work hard to persuade a jury that comparative fault applies to your lawsuit, that does not mean they will be successful. Large corporations and insurance companies employ a variety of tricks to try and lower your claim, but your Westport, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we get paid 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 representation that matches and eclipses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Westport, MO

Our defective products lawyer team sees in Westport, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common faulty motor vehicle parts we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Tires
• Steering systems
• Accelerators

Offroad vehicles like 4-wheelers can also cause injuries, 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 Westport, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us further injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Westport, MO has seen cause further injuries to patients include:

• Artificial hips, knees or other joints that can lead to infections, instability, pain or repeated dislocations
• Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
• Robotic surgical assistants intended to operate on hard to reach areas which, when they do not work properly, can lead to punctured organs, infections and electrical burns
• Blood clot filters that permit dislodged blood clots to travel up to the lungs
• Permanent birth control devices that can perforate organs, lead to pelvic pain, abnormal hemorrhaging and unwanted pregnancies

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

In 2017, the U.S. Health and Human Services Department announced that throughout 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 faulty heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of easing it. If a defective medical device caused you injuries, your Westport, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

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 unimaginable pain and lifelong damage to possibly as many as 150,000 people 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 continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Westport, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must obey from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many medications reach the market without an objective analysis of the potential drawbacks compared to the 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, 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 Westport, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. each year, 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 reckless pharmaceutical companies and manufacturers, contact 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 they have caused. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from this world too soon.

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

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

Every Burger Law defective products lawyer in Westport, MO knows that being hurt by a hazardous product can completely upend your life. That is why we endeavor to see the injured in Westport 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 do not hesitate to start working on getting you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical toll your injury has taken on you and your Westport, 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 Westport, MO right away at (314) 500-HURT or contact us online to take the first step toward a true recovery.