Defective Products Lawyer in St. Louis, Missouri.

 If you or a loved one sustained an injury because of a dangerous product, call a St. Louis-based Missouri defective products lawyer of Burger Law now at (314) 500-HURT or fill out our online form for a free consultation.

Picture your daily routine: You may make coffee in a coffee maker in the morning, have a skincare routine or put on some hair gel, take allergy medication or a prescription, go to school or work in your vehicle or on a bus, sit at in a chair or work around machines or technology, and/or use your cell phone throughout the day. You may use lawnmowers, go boating, or drive go-carts on the weekend. You may even have a prosthetic limb, joint replacement or other medical device. It seems we’re always using or surrounded by some sort of technology that has had to be designed, manufactured, packaged, shipped and sold. When there’s a breakdown in that process and a product becomes dangerous, it can have devastating effects on Missouri individuals and families. When that happens to you, you need the expert and dedicated legal services of Burger Law’s defective products lawyer team to stand by your side, stand up to powerful corporations and get you the full compensation you deserve.

In our 30 years of negotiation, litigation and trial experience we have secured our injured clients in St. Louis, Missouri and beyond over $170 million. Talking to us is free, so there’s no reason to wait. Call a Missouri defective products lawyer today at (314) 500-HURT.

If you were injured by a dangerous product in Missouri, see how much your claim may be worth by using our free personal injury calculator.

Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Missouri:

• 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 Missouri? | Missouri Defective Products Statistics

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

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 incredible devastation an unsafe product can cause.

If you were one of the many people injured by a dangerous product, call a Burger Law defective products lawyer in Missouri for compassionate, dedicated and knowledgeable support and legal representation.

How Defective Products Claims Work in Missouri

According to Missouri Revised Statute §537.760, you and your Missouri defective products lawyer can make a “strict liability” claim if three conditions are true:

1. The defendant was part of the product’s chain of distribution.
2. The product was used in a manner easily anticipated.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably dangerous when the product was sold and your injuries are a direct result of that defect, and/or
   2. You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning.

The “chain of distribution” refers to anyone involved in the product from initial design to sale, including a distributor or vendor. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they sold the product may be dismissed from the case if:

• The manufacturer is known, still exists and is able to pay for all of your damages.
• The seller makes an affidavit under oath that they had nothing to do with the product beyond selling it.
• No other party in the case comes forward with evidence that the seller was involved in any other part of the chain of distribution.
• The motion to dismiss is filed within 60 days.

If the above conditions are met, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise responsible for the defect or the manufacturer cannot pay for all of your compensation, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the full compensation you deserve.

Missouri Revised Statute §537.764 provides one defense 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 went to market. This defense is only valid for failure to warn product liability cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury claims in Missouri are based on the concept of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that’s safe for other people on the Missouri roads, dog owners must always have control of their dogs and doctors must treat their patients with a standard of care. When someone fails in that negligence, for example if you sustain a dog bite because a dog owner didn’t properly leash their dog, or sustain an injury because you were hit by a distracted driver, they can be found liable for your damages and would owe you compensation.

By contrast, most product liability or defective products claims are strict liability claims, meaning that a designer, manufacturer or vendor is liable for any injuries a product causes, whether they were negligent or not. 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 Missouri 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: Your defective products lawyer can show that there was an inherent flaw in the design that subsequently affects all products with the same design. Examples can be an electrical appliance that can overheat and cause fires, a toy intended for children that contains a choking hazard or vehicles that have a tendency to roll over if the driver swerves quickly.
2. Manufacturing Defects: Your defective products lawyer can show that was safe in its design but became unsafe 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. Examples can be bugs or other contaminants found in beverages, incorrectly installing wires or electrical components or not properly fastening components to each other.
3. Inadequate Warnings and Instructions: Also called failure to warn, Your defective products lawyer can show that the product was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about inherent dangers. Examples include a drug that is sold without mentioning certain risks or side effects, or failing to warn that a hairdryer might cause an electric shock if it comes in contact with water. A manufacturer typically does not have to warn against obvious risks. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to hold corporations accountable and incentive them to have thorough and exhaustive protocols for ensuring the safety of their products. However, too often companies are negligent and try to focus more on cutting costs than ensuring their products won’t hurt anyone. When that happens, your Burger Law defective products lawyer in Missouri will hold them accountable by conducting a full investigation of your case and demanding nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in Missouri

A common defense for manufacturers in a product liability claim is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to argue that you share a portion of the fault and, therefore, they are not liable 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 the accident, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to get out their obligation to pay you. Your Missouri defective products lawyer at Burger Law sees through that. According to the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances 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, while chairs are meant to be sat on, standing on one to reach something is common. 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 use a loaded rifle to prop a door open and it misfires, you likely do not have a claim because a gun manufacturer would not be expected to foresee that happening.
• You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly diminish 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 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 theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not entirely 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 displayed an unreasonable failure to appreciate the danger that a product’s specific use could cause. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You failed to take necessary safety precautions. 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 may argue that your failure to wear a seatbelt is responsible for a large portion of your injuries. Or, if you are using or around highly corrosive materials and neglect to wear protection for your eyes or gloves.
• You did not mitigate your damages. In any personal injury claim, you have a duty to try to lessen the amount of compensation you are owed. For example, you cannot seek unnecessary medical treatment, treatment for injuries that have nothing to do with the use of the product or refuse to return to work when you are healthy enough to do so. 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 defense can — and will — assert that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies use a lot of tricks to try and devalue your claim, but your Missouri defective products lawyer at Burger Law knows how to combat them. We know these large corporations are unfair and try to take advantage of people unfamiliar with Missouri laws or who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you receive, and you do not pay us anything until we win your case. Call Burger Law now at (314) 500-HURT for legal representation that matches and exceeds that of bullying corporations and insurance companies.

Common Types of Defective Products in Missouri

There are so many different types of industries and products in the world, and almost any one of them could conceivably cause someone injuries because of a flaw anywhere in the distribution channel. Three of the most common and deadly claims our defective products lawyer team sees are:

Defective Vehicle Parts Lawyer in Missouri

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Missouri. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause collisions and fires, and fail to protect occupants as intended. Common defective car components we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wires
• Tires
• Steering systems
• Engine cooling fan blades
• Cell phone batteries
• Beauty products

Offroad vehicles like ATVs can also cause injuries, for instance if a design defective 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 Missouri

Medical devices are intended to improve the lives of the people who need them. However, many medical devices have been found to be defective and ended up causing further injury and pain for the patient. Examples of medical devices that your Burger Law defective products lawyer in Missouri has seen be defective include:

• Artificial hips, knees or other joints that can cause infections, instability, pain or recurring dislocations
• Pacemakers, which can cause infections or even wrongful death because of premature failures
• Surgical robots intended to operate on hard to reach areas which, when defective, can cause pierced organs, infections and electrical burns
• Blood clot filters that allow dislodged blood clots to travel up to the lungs
• Permanent birth control devices that can perforate organs, cause pelvic pain, abnormal bleeding and unintended pregnancies

As the medical industry has become more high-tech, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the leading factor.

In 2017 the U.S. Health and Human Services Department found that over a decade Medicare paid out at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a defective medical device caused you damages, your Missouri defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you are reimbursed for all of the unnecessary pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to degrade quickly and cause unimaginable pain and permanent damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view our original complaint here:

Defective Drug Lawyer in Missouri

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. That means that many medications reach the market 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 Missouri to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.

Four thousand five hundred drugs and medical devices are recalled in the U.S. market each year, and many of them have already been widely ingested and used. If you or a loved one received injuries or had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, call a Burger Law defective products injury lawyer now. We fight hard to see justice restored by securing 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 common defective products we see in Missouri include:

• Children’s toys
• Chemical such as week killer
• Baby powder
• Household appliances
• Household cleaning products
• Industrial equipment and machinery

CALL BURGER LAW NOW

St. Louis, Missouri Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Missouri knows that being injured by a dangerous product can completely disrupt your life. That is why we strive to see the injured and vulnerable in St. Louis and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately 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 Missouri 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 Missouri today at (314) 500-HURT or contact us online to start on the path to being made whole again.