Defective Products Lawyer in Affton, MO.
Defective Products Lawyer in Affton, MO. If you or someone you love was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in Affton, MO now at or fill out our online form for a free consultation.
Picture your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around heavy machinery, and/or use your iPhone throughout the day. You may use lawnmowers on your free days. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was designed, manufactured, packaged and sold. When there is an error in that process and a product becomes defective, it can cause serious injuries to you and your Affton, MO family. When that happens to you, you need the experienced and committed legal representation of Burger Law's defective products lawyer team to stand by your side and get you the great compensation you are owed.
In our 70 years of combined negotiation, litigation and trial experience, we have delivered our clients in Affton and throughout Missouri in excess of $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Affton, MO now at .
If you were injured by a dangerous product in Affton, MO, see the true value of your case by filling out our complimentary personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Affton, MO:
- FDA Recall List and Safety Alerts
- Consumer Products Safety Commission Recall List
- U.S. Department of Transportation Motor Vehicle Recall List
- 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?
Affton, MO Defective Products Statistics
The Consumer Product Safety Commission states that defective products cause in excess of 29 million injuries and 21,000 deaths 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 speaks to the unbelievable devastation an unsafe product can cause.
If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Affton, MO for understanding, dedicated and knowledgeable support and legal advocacy.
What is the Process for Defective Products Claims in Affton, MO?
- The company was part of the product's design, manufacture, distribution and sale.
- You used the product in a manner logically expected.
- One or both of the following:
- The product had a faulty condition that was unreasonably dangerous when you bought the product and your injuries are a direct result of that defect, and/or
- 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 involved in the product from initial conception to purchase, including a distributor or vendor. According to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it may avoid liability if:
- You discover who the manufacturer is, it has not closed their business and can afford to reimburse you for the entirety of your damages.
- The distributor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- No other party in the case presents evidence that the vendor took part in any other part of the chain of distribution.
- The motion to dismiss is filed within 60 days.
If the aforementioned conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise responsible for the fault or the manufacturer cannot pay for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every to-blame party is held responsible.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a hazardous 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 inadequate warning defective products lawsuits, and the burden of proof is on the defense.
Negligence vs. Strict Liability in Defective Products Cases
The majority of personal injury lawsuits in Affton, MO depend on the notion of negligence. We all have a civil duty to not carelessly cause harm to other people 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 responsibility, for instance if if there a loose floor boards at a restaurant that cause you to fall they may be found responsible for your damages and would owe you compensation.
By contrast, most product liability or hazardous products claims come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault 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:
- Design Defect: A design defect is an inherent imperfection in the design that subsequently passes the imperfection to all products with the same design. An example is an electrical appliance that can overheat and cause fires.
- 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 affect only one product, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be installing outdated components or not properly fastening components to each other.
- Inadequate 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 hazard that could arise 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer typically does not have to warn against obvious dangers. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to encourage corporations to implement comprehensive safety protocols for ensuring the safety of their products. However, too often corporations do not value our safety and concentrate more 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 hold them responsible by conducting a full investigation of your case and insisting on only the best possible compensation.
Comparative Negligence in Defective Productions Claims in Affton, MO
A common defense for manufacturers in a product liability lawsuit is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the chain of distribution to argue that you are liable for a portion of the fault and, therefore, they are not required to compensate 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 to blame for the accident, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Affton, 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, 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 put wheels on a chair and are injured racing it down the street, 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 the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly lower it but can considerably decrease it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle accident. 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 called as "Assumption of the risk," a theory in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
- 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 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 are your fault because you had not followed recommended precautions.
- You did not mitigate your damages. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. The defense may say you have no right to ask them for money they do not owe you.
Just because people in the chain of distribution can — and will — work hard to persuade a jury that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies use a variety of deceitful tactics to try and minimize your claim, but your Affton, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you get, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law today at for legal counsel that parallels and surpasses that of resistant manufacturers and sellers and insurance companies.
Defective Vehicle Parts Lawyer in Affton, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Affton, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common defective car parts we see are:
- Fuel systems
- Electrical systems
- Door latches
- Headlights and taillights
Alternative vehicles like ATVs 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 Affton, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Affton, MO has seen be defective include:
- Artificial joints that can cause infections, instability, pain or frequent dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
- Robotic surgical assistants designed to operate on hard to reach areas which, when defective, can result in pierced organs, infections and electrical burns
- Blood clot filters that permit free-floating blood clots to invade the lungs
- Permanent birth control devices that can pierce organs, cause pelvic pain, excessive bleeding and unplanned pregnancies
As the medical industry keeps coming up with more and more advanced technologies, medical device recalls have increased exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, mostly because of defects in software.
In 2017, the U.S. Health and Human Services Department announced that in the course of 10 years Medicare paid out at least $1.5 billion to replace in excess of 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 easing it. If a faulty medical device caused you injuries, your Affton, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to deteriorate too quickly and have caused unthinkable 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 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 the complaint we filed for our first client by clicking the button below:
Defective Drug Lawyer in Affton, MO
The Federal Drug Administration has strict 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. With no absolute independent testing many medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit 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 prescriptions and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about had your condition deteriorate because of reckless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer as soon as possible. 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 accountable when their negligence has taken someone from their family too soon.
Other common defective products we see in Affton, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Affton, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Affton, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we endeavor to see the injured in Affton and throughout Missouri get fair compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on getting you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Affton, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Affton, MO now at or contact us online to take the first step toward a true recovery.