Defective Products Lawyer in Winston, MO.

Defective Products Lawyer in Winston, MO. If you or someone you care about was injured by a dangerous product, call a Burger law defective products lawyer in Winston, MO now at (314) 500-HURT or fill out our online form for a complimentary consultation.

Think of what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work in your car, sit by a computer or work around technology, and/or use your iPhone on and off throughout the day. You may go 4-wheeling on the weekend. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be designed, produced, shipped and sold. When there is an error in that process and a product becomes defective, it can cause serious injuries to you and your Winston, MO family. When that happens to you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and secure you the maximum compensation you deserve.

In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Winston and beyond more than $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 Winston, MO now at (314) 500-HURT.

If you were hurt by a faulty product in Winston, MO, discover how much your claim may be worth by utilizing our complimentary personal injury calculator.



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

Winston, MO Defective Products Statistics

The Consumer Product Safety Commission has found that dangerous products are responsible for in excess of 29 million injuries and 21,000 fatalities each year.

According to 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 unbelievable devastation an unsafe product can cause.

If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in Winston, MO for understanding, dedicated and knowledgeable support and legal advocacy.

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

Pursuant to Missouri Revised Statute §537.760, you and your Winston, MO defective products lawyer can can hold a person or corporation liable for your injuries if three factors are true:

1. The corporation was part of the product's design, manufacture, distribution and sale.
2. The product was used in a manner easily foreseen.
3. One or both of the following:
   1. The product had a faulty condition that was unreasonably dangerous when you bought the product 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 "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it may be dismissed from the claim if:

• The manufacturer is known, has not closed their business and is financially capable of compensating you for the entirety of your injuries.
• The distributor signs an affidavit under oath that their only involvement in the stream of commerce was selling it.
• No other party in the case puts forward evidence that the distributor was involved in any other facet of the chain of distribution.
• The dismissal is requested to the judge within 60 days.

If the aforementioned 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 had a larger role in the design and manufacture of the product than they led on, were otherwise to blame for the defect or the manufacturer is unable to reimburse you for the entirety of the economic, physical and emotional hardships 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 are owed.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense will only work for for failure to warn defective products claims, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury lawsuits in Winston, MO depend on the conception of negligence. We all owe each other a duty of care in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone fails in that duty, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or hazardous products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is liable 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 Winston, 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 passes the imperfection to all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
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 faulty, 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 Dangers or Risks That Should Have Been Anticipated: 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 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 obvious dangers. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety protocols for verifying the safety of their products. However, too often companies are negligent 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 Winston, MO will fight on your behalf and demand only a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Winston, 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 defendants to argue that you are liable for 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 at fault for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to avoid their obligation to reimburse you for the harm they have caused. Your Winston, 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 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. On the other hand, 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 use of the product.
• 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 entirely avoid fault but can significantly diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. 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 a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
• 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 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 were using or around highly corrosive materials 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 mitigate your damages. In any personal injury claim, you are expected to try to lessen the financial recovery you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 seller can — and will — work hard to persuade a jury that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies employ numerous deceitful tactics to try and minimize your claim, but your Winston, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations will try everything to avoid paying you and try to take advantage of people who have never had to file a lawsuit before. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you get, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law immediately at (314) 500-HURT for legal advocacy that matches and surpasses that of bullying manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Winston, MO

Our defective products lawyer team sees in Winston, 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, 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 lead to further injuries when the safety components to not work as they should. Common dangerous automobile parts we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wiring
• Wheels
• Door latches
• Accelerators

Alternative vehicles like 4-wheelers can also cause harm, 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 Winston, 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 complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Winston, MO has seen cause further injuries to patients include:

• Artificial hips, knees or other joints that can cause infections, instability, pain or repeated dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Robotic surgical assistants intended to operate on hard to reach areas which, when they malfunction, can result in perforated organs, infections and electrical burns
• Blood clot filters that permit free-floating blood clots to slip into the lungs
• Permanent birth control devices that can pierce organs, lead to pelvic pain, abnormal hemorrhaging and unintended pregnancies

As the medical industry becomes more high-tech, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department found that throughout a decade Medicare had to spend at least $1.5 billion to replace over 73,000 defective cardiovascular 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 worsening your condition, your Winston, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

Earlier this year, 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 do not last nearly as long as they were designed to and have caused unthinkable pain and permanent damage to potentially as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was retained by a client, we immediately got to work bringing them what peace of mind we could and are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Winston, MO

The Federal Drug Administration has strict procedures for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. That means that many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people they are supposed to be helping. Currently, it is usually the pharmaceutical company's decision if they will recall a drug that has found to have dangerous side effects. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in Winston, MO to stand up to these bullying corporations and make them realize that their conduct is deplorable.

Four thousand five hundred drugs and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or a loved one had your condition deteriorate because of reckless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by winning you compensation and holding negligent corporations responsible. 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 examples of dangerous products we collect compensation for our clients for in Winston, MO include:

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

Every Burger Law defective products lawyer in Winston, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Winston 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 bills and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Winston, 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 Winston, MO right away at (314) 500-HURT or contact us online to start on the path to being made whole again.