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Defective Products Lawyer in Antonia, MO.

Defective Products Lawyer in Antonia, MO. If you or someone you love sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Antonia, MO right away at (314) 500-HURT or fill out our online form for a free consultation.

Imagine what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around heavy machinery, and/or use your cell phone on and off throughout the day. You may drive go-carts on your days off. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was engineered, manufactured, packaged and purchased. When there is an error in that process and a product becomes hazardous, it can cause serious harm to you and your Antonia, MO family. When that happens to you, you need the knowledgeable and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and get you the full compensation you are owed.

In our three decades of negotiation, litigation and trial experience, we have won our clients in Antonia and throughout Missouri over $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Antonia, MO right away at (314) 500-HURT.

If you were harmed by a defective product in Antonia, MO, discover the true value of your case by utilizing our complimentary personal injury calculator.



Chesterfield, MO

Chesterfield, MO

100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005

By appointment only

Phone: (314) 648-8348

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

Antonia, MO Defective Products Statistics

The Consumer Product Safety Commission has found that defective products account for in excess of 29 million injuries and 21,000 fatalities annually.

Based on 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 incredible ruin an unsafe product can cause.

If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Antonia, MO for passionate, devoted and talented support and legal representation.

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

Pursuant to Missouri Revised Statute §537.760, you and your Antonia, MO defective products lawyer can can hold a person or company responsible for your damages if three conditions are true:

  1. The company was involved in the product's design, manufacture, distribution and sale.
  2. The product was used in a way reasonably 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 was the proximate cause of your injuries, 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 "stream of commerce" refers to anyone involved in the product from initial conception to sale, including a distributor or seller. Pursuant to 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 case if:

  • The manufacturer is known, has not closed their business and can afford to pay for all of your injuries.
  • The entity that sold it signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is brought in front of the court that the vendor was involved in any other facet 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 fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise at fault for the hazardous condition or the manufacturer is unable to reimburse you for all of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held accountable.

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 hit the shelves. This defense will only work for for failure to warn product liability claims, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

The majority of personal injury cases in Antonia, MO are won or lost based on the conception of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, Antonia, MO dog owners must always have control of their dog. When someone fails in that responsibility, for instance if if you are misdiagnosed because of substandard medical attention they may be held responsible for your damages and would have to pay you compensation.

However, most product liability or dangerous products claims come down to strict liability, meaning that a designer, manufacturer or vendor is at fault 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 Antonia, 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 innate fault in the design that subsequently affects all products with the same design. An example is a piece of clothing that is easily flammable.
  2. 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, 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 bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Insufficient Warnings and Instructions: This refers to a product made it through design and production safely but caused injury because it did not give proper instructions or warnings about inherent risks. 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. A manufacturer typically does not have to warn against dangers that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement exhaustive safety procedures for verifying that their products will not pose a danger to the public. However, too often companies do not respect their obligation to make safe products and try to focus more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Antonia, MO will fight by your side and insist on only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Antonia, MO

An oft-used defense for manufacturers in a product liability lawsuit is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or seller to argue that you are responsible for a portion of the fault 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 to blame for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to eschew their obligation to pay you for the damage their product did to you. Your Antonia, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect the public to use it. 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. 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 reasonably 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 lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto accident. A pharmaceutical company could reasonably see 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 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, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
  • You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
  • 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 using or around power tools or heavy machinery 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 recommended safety measures.
  • You failed to try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to keep your damages as low as you reasonable can. 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 manufacturer or seller can — and will — argue that comparative fault applies to your case, that does not mean they will be successful. Powerful corporations and insurance companies employ a variety of tricks to try and lower your claim, but your Antonia, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations have a lot of money to throw at their defense 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 we get paid a moderate percentage of the financial recovery you are awarded, and we do not collect any attorney's fees until we win your case. Call Burger Law now at (314) 500-HURT for legal representation that matches and surpasses that of resistant manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in Antonia, MO

Our defective products lawyer team sees in Antonia, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to 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
  • Tires
  • Steering systems
  • Accelerators

Alternative vehicles like ATVs can also cause damage, 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 Antonia, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they actually 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 Antonia, MO has seen be defective include:

  • Artificial joints that can lead to infections, instability, pain or frequent dislocations
  • Pacemakers, which can cause infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can lead to pierced organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control implements that can pierce organs, cause pain in the pelvic region, abnormal hemorrhaging and unintended pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the major factor.

In 2017, the U.S. Health and Human Services Department found that over the span of a decade Medicare spent at least $1.5 billion to replace more than 73,000 defective cardiovascular devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Antonia, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you receive a full financial recovery for all of the unneeded pain you experienced.

In February 2022, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 people who were depending on the replacement joint to return their mobility. When Burger Law was made aware of the defect by a client, we immediately got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can view our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Antonia, 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. That means that many prescriptions 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, 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 Antonia, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Hundreds of thousands of prescriptions and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or someone you love received injuries because of reckless pharmaceutical companies and corporations, get in touch with 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 has been inflicted because of their actions. 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 examples of defective products we see in Antonia, MO include:

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

Call Burger Law Now

Antonia, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Antonia, MO knows that being hurt by a faulty product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in Antonia and throughout Missouri get great 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 delivering you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical hardships your injury has taken on you and your Antonia, 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 Antonia, MO now at (314) 500-HURT or contact us online to start on the path to true healing.

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