have you been injured by a dangerous product in Missouri? Call Burger Law now. Defective Products Lawyer in Agency, MO. Defective Products Lawyer in Agency, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Agency, MO now at (314) 500-HURT or fill out our online form for a complimentary consultation. Imagine your daily routine: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around technology, and/or use your iPhone on and off throughout the day. You may drive go-carts on your days off. You may even have a pacemaker or other medical implant. 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 a mistake in that process and a product becomes dangerous, it can have a catastrophic impact on Agency, MO individuals and families. If tragedy struck you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to fight on your behalf and win you the full compensation you deserve. In our three decades of negotiation, litigation and trial experience, we have won our clients in Agency and beyond over $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Agency, MO now at (314) 500-HURT. If you were harmed by a faulty product in Agency, MO, discover how much your claim may be worth by utilizing our complimentary personal injury calculator. Chesterfield, MOChesterfield, MO100 Chesterfield Business PkwySuites 200-222Chesterfield, MO 63005By appointment onlyPhone: (314) 648-8348View Location The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Agency, 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 Agency, MO? The Consumer Product Safety Commission has found that defective products cause over 29 million injuries and 21,000 fatalities each year. Based on statistics 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 destruction that can be caused when manufacturers and distributors do not adhere to the rules. If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Agency, MO for compassionate, devoted and knowledgeable support and legal counsel. How Defective Products Claims Work in Agency, MO Pursuant to Missouri Revised Statute §537.760, you and your Agency, MO defective products lawyer can can hold a person or corporation at fault for your damages if three conditions are met: The person was involved in the product's chain of distribution. You used the product in a manner rationally expected. Either or both of the following conditions: The product had a faulty condition that was unreasonably hazardous when you bought the product and your injuries are a direct result of that defect, and/or You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning. The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, 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 were the vendor or distributor of the product can be dismissed from the lawsuit if: You discover who the manufacturer is, it still does business and is financially capable of paying you for all of your damages. The entity that sold it makes an affidavit under threat of perjury that their only involvement in the process was selling it. No other party in the case puts forward evidence that the seller took part in any other facet of the stream of commerce. The motion to dismiss is filed no later than 60 days after the complaint is filed. If the above conditions are met, 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 to blame for the defect or the manufacturer cannot reimburse you for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every to-blame party is held responsible. Missouri Revised Statute §537.764 mentions a caveat 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 hit the shelves. This defense is only valid for inadequate warning product liability claims, and the burden of proof is on the defense. Have You Been Injured from a Dangerous Product?Have You Been Injured from a Dangerous Product?Click to view videoWhat Do I Have to Prove to Win A Defective Product Liability Lawsuit?What Do I Have to Prove to Win A Defective Product Liability Lawsuit?Click to view videoCloseClose Strict Liability and Negligence in Defective Products Claims: What's the Difference? Most personal injury claims in Agency, MO depend on the conception of negligence. We all have a civil duty to not carelessly cause injuries 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 is negligent, for example if if you are misdiagnosed because of substandard medical attention they can be found accountable for your damages and would owe you compensation. However, 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, 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 Agency, 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 — at the moment that you acquired it. Missouri classifies three different ways in which your defective products lawyer can argue a product was dangerous: Design Defect: A design defect is an innate defect in the design that subsequently passes the flaw to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure 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. Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about inherent dangers. 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 risks that a reasonable person would anticipate. For instance, they do not have to warn you that a chainsaw can cut you. Strict liability is meant to hold corporations accountable and persuade them to implement comprehensive safety protocols for verifying that their products will not pose a danger to the public. Even so, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Agency, MO will fight by your side and demand nothing but the maximum financial recovery. Comparative Negligence in Defective Productions Claims in Agency, MO Manufacturers, sellers 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 permits for the manufacturer or vendor to put forth the defense that you are responsible for a portion of your damages and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent at fault for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a defendant makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Agency, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence 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, while chairs are meant for sitting, 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. On the other hand, 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 reasonably 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 liability but can significantly lower it. Suppose 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 principle in tort claims wherein, if the injured party was aware of risks, 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 neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. 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 proper protocols. You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound 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 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 you will definitely be blamed for part of the accident. Bullying corporations and insurance companies implement a variety of deceitful tactics to try and lower your claim, but your Agency, MO 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. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you collect, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law now at (314) 500-HURT for legal counsel that matches and eclipses that of bullying manufacturers and sellers and insurance companies. Defective Vehicle Parts Lawyer in Agency, MO Our defective products lawyer team sees in Agency, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, over 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 occupants from harm as intended. Common dangerous motor vehicle components we see are: Brakes Airbags Fuel systems Windshield wipers Wheels Steering systems Headlights and taillights Offroad 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 Agency, MO Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us even more complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Agency, MO has seen be defective include: Artificial joints that can cause infections, limited mobility, pain or frequent dislocations Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause punctured organs, infections and electrical burns Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots Permanent birth control implements that can perforate organs, result in pain in the pelvic region, excessive blood loss and unplanned pregnancies As the medical industry keeps implementing more and more advanced technologies, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the leading factor. In 2017, the U.S. Health and Human Services Department found that over the span of 10 years Medicare spent at least $1.5 billion to replace more than 73,000 faulty heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a flawed medical device ended up worsening your condition, your Agency, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced. Earlier this year, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly 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 patients 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 are taking on more Exactech Knee Replacement cases to this day. You can view the complaint we filed for our first client by clicking the link below: View Complaint Defective Drug Lawyer in Agency, MO The Federal Drug Administration has firm protocols 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 shelves. That means that 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 truly help their condition. 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 Agency, MO to stand up to these bullying corporations and make them realize that their behavior is unacceptable. Four thousand five hundred 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 a loved one had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer immediately. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage has been inflicted because of their actions. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from their family too soon. Other common dangerous products we file suit for in Agency, MO include: Children's toys Chemicals such as cleaning products Baby powder Household appliances Industrial machinery Cell phone batteries Cosmetic products Call Burger Law Now Agency, MO Defective Products Lawyer | Burger Law Every Burger Law defective products lawyer in Agency, MO knows that being injured by a dangerous product can completely upend your life. That is why we endeavor to see the vulnerable in Agency and throughout Missouri receive maximum compensation 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 securing 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 Agency, 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 Agency, MO right away at (314) 500-HURT or contact us online to start on your journey to true healing.