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Defective Products Lawyer in Affton, MO.

Defective Products Lawyer in Affton, MO. If you or a loved one was injured by a dangerous product, get in touch with a Burger law defective products lawyer in Affton, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Think of what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around heavy equipment, and/or use your android at various times during the day. You may use lawnmowers on the weekend. 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 shelves. When there is an error in that process and a product becomes dangerous, it can have a catastrophic effect on on your life and lives of those you love in Affton, MO. If tragedy struck you, you need the accomplished and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and secure you the great compensation you deserve.

In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Affton and throughout Missouri more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Affton, MO now at (314) 500-HURT.

If you were harmed by a defective product in Affton, MO, learn the true value of your case by using our complimentary personal injury calculator.



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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Affton, MO:

How Common Are Defective Products in Affton, MO?

The Consumer Product Safety Commission states that faulty products account for more than 29 million injuries and 21,000 deaths every year.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme devastation that can be caused when manufacturers and vendors do not follow adequate safety protocols.

If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Affton, MO for compassionate, devoted and skilled support and legal advocacy.

How Defective Products Claims Work in Affton, MO

Under Missouri Revised Statute §537.760, you and your Affton, MO defective products lawyer can can hold a person or company at fault for your injuries if three factors are true:

  1. The corporation was involved in the product's chain of distribution.
  2. You used the product in a manner logically anticipated.
  3. Either or both of the following conditions:
    1. The product had a faulty condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
    2. You were injured because there was a hazardous 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 conception to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the lawsuit if:

  • The manufacturer is known, has not closed their business and can afford to reimburse you for the entirety of your damages.
  • The distributor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
  • No other party in the case presents evidence that the distributor took part in any other part of the chain of distribution.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above conditions are satisfied, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they had a larger role in the engineering of the product than they intimated, were otherwise responsible for the fault or the manufacturer cannot pay for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery that they owe you.

Missouri Revised Statute §537.764 mentions a caveat 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 will only work for for failure to warn product liability cases, 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

Most personal injury claims in Affton, MO are determined by the notion of negligence. We all have an responsibility to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Affton, MO roads. When someone fails in that obligation, for instance if sustain an injury because you were hit by a distracted driver they might be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or dangerous products cases are determined by strict liability, meaning that a designer, manufacturer or vendor is responsible for any damage 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 Affton, 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 flaw in the design that subsequently passes the flaw to all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes 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 bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
  3. Insufficient Warnings and Instructions: 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 danger 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 food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product typically does not have to warn against obvious dangers. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to encourage corporations to implement exhaustive safety protocols for ensuring the safety of their products. However, too often companies do not value our safety and spend more energy on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Affton, MO will fight on your behalf and insist on nothing but a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Affton, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits 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 your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the chain of distribution makes to avoid their responsibility to reimburse you for the harm they have caused. Your Affton, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may argue you bear 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 manner the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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 use of the product.
  • You used the product in a way 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 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 hazards of the product while you were using it. This is often called as "Assumption of the risk," a principle in tort claims wherein, 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 neglected 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 can argue your injuries would have been avoided had you adhered to recommended precautions.
  • 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 refuse to return to work when you are healthy enough to do so. 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 — try to convince the court that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use myriad dishonest ruses to try and devalue your claim, but your Affton, 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 make an injury claim before. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you get, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal representation that parallels and exceeds that of resistant manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Affton, MO

Our defective products lawyer team sees in Affton, 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, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous car components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Door latches
  • Accelerators

Offroad vehicles like 4-wheelers can also cause damage, 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 Affton, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us even more injuries when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Affton, MO has seen cause further injuries to patients include:

  • Artificial hips, knees or other joints that can cause infections, instability, pain or frequent dislocations
  • Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots intended to operate on hard to reach areas which, when defective, can lead to pierced 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 perforate organs, lead to pelvic pain, abnormal hemorrhaging and unintended pregnancies

As the medical industry keeps inventing new technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of defects in software.

In 2017, the U.S. Health and Human Services Department announced that over 10 years 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 technological medical devices might cause us extensive pain instead of improving our lives. If a flawed medical device ended up aggravating your condition, your Affton, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unimaginable pain and lifelong damage to possibly as many as 150,000 people who had received the replacement joint. When Burger Law was retained 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 Affton, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must adhere to 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. With no absolute third-party testing many drugs reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line over 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 Affton, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

Hundreds of thousands of drugs 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 love received injuries because of careless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by winning you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from their family too soon.

Other examples of defective products we see in Affton, MO include:

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

Call Burger Law Now

Affton, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Affton, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we endeavor to see the vulnerable in Affton and throughout Missouri get fair compensation 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 securing you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Affton, 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 Affton, MO immediately at (314) 500-HURT or contact us online to start on your journey to true healing.

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