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Defective Products Lawyer in Arnold, MO.
Defective Products Lawyer in Arnold, MO. If you or a family member was injured by a dangerous product, call a Burger law defective products lawyer in Arnold, MO right away at (314) 500-HURT or fill out our online form for a complimentary case evaluation.
Picture your daily routine: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around heavy machinery, and/or use your android at various times during the day. You may go boating on the weekend. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was engineered, produced, packaged and purchased. When there is an oversight in that process and a product becomes dangerous, it can cause severe harm to you and your Arnold, MO family. If tragedy struck you, you need the knowledgeable and devoted legal representation of Burger Law's defective products lawyer team to fight on your behalf and win you the full compensation you are owed.
In our In our 30 years of experience fighting for fairness and justice, we have won our clients in Arnold and beyond over $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 Arnold, MO today at (314) 500-HURT.
If you were harmed by a defective product in Arnold, MO, find out the true value of your claim by utilizing our free personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Arnold, 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?
Arnold, MO Defective Products Statistics
The Consumer Product Safety Commission states that dangerous products are responsible for in excess of 29 million injuries and 21,000 deaths each year.
Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the incredible harm an unsafe product can cause.
If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Arnold, MO for empathetic, dedicated and expert support and legal advocacy.
How Defective Products Claims Work in Arnold, MO
Pursuant to Missouri Revised Statute §537.760, you and your Arnold, MO defective products lawyer can file a "strict liability" suit if three conditions are true:
- The corporation was involved in the product's chain of distribution.
- The product was used in a way easily anticipated.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.
The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can be dismissed from the suit if:
- You discover who the manufacturer is, it has not closed their business and is able to pay for all of your damages.
- The entity that sold it makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- There is no evidence is presented to the court that the seller took part in any other facet of the chain of distribution.
- The dismissal is requested to the judge within 60 days.
If those 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 dangerous condition or the manufacturer cannot compensate you for the entirety 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 you get the great financial recovery you deserve.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be entirely understood before use by the consumer. This defense is only applicable to for inadequate warning defective products cases, and the burden of proof is on the defense.
Have You Been Injured from a Dangerous Product?
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury suits in Arnold, MO are based on the conception of negligence. We all have an obligation to each other's safety 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 duty, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found responsible for your damages and would owe you compensation.
However, most product liability or defective products cases are strict liability claims, meaning that anyone in the chain of distribution is liable for any injuries that stems from 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 Arnold, 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 it got into your hands.
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 fault in the design that afterwards affects all products with the same design. An example is a piece of clothing that is easily flammable.
- 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 affect only one product, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be incorrectly installing wires or electrical components or not properly fastening components to each other.
- Failure to Warn of Known Risks or Risks That Should Have Been Foreseen: This refers to a product that was designed and manufactured safely but caused harm because it did not give adequate 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 dangers that a reasonable person would anticipate. 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 persuade them to implement exhaustive safety procedures for guaranteeing that their products will not put the people who use it at risk. 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 Arnold, MO will fight on your behalf and demand nothing but a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Arnold, MO
Manufacturers, sellers and anyone else in the stream of commerce will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to put forth the defense that you share a portion of the fault and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to get out their duty to reimburse you for the damage their product did to you. Your Arnold, MO defective products lawyer at Burger Law will not let them get away with it. Pursuant to the statute, the defense may argue you shoulder 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 way the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect a consumer to use it. 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 chain of distribution will not be able to totally avoid fault but can considerably 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 whereby, 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 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 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 obeyed proper protocols.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the financial recovery 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 comparative negligence applies to your injuries, that does not mean they will be successful. Powerful corporations and insurance companies employ a lot of tricks to try and devalue your claim, but your Arnold, MO defective products lawyer at Burger Law knows how to fight back against 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 are awarded, and you owe us nothing until we win your case. Reach out to Burger Law right away at (314) 500-HURT for legal advocacy that rivals and eclipses that of resistant manufacturers and vendors and insurance adjusters.
Defective Vehicle Parts Lawyer in Arnold, MO
Our defective products lawyer team sees in Arnold, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous motor vehicle parts we see are:
- Electrical systems
- Steering systems
Alternative vehicles like ATVs can also cause injuries, 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 Arnold, MO
We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Arnold, MO has seen cause further complications for patients are:
- Artificial joints that can result in infections, limited mobility, chronic soreness 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 intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can cause perforated organs, infections and internal burns
- Blood clot filters that permit dislodged blood clots to travel up to the lungs
- Permanent birth control implements that can puncture organs, lead to pain in the pelvic region, abnormal bleeding and unplanned pregnancies
As the medical industry keeps coming up with new technologies, the numbers of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the chief cause.
In 2017, the U.S. Health and Human Services Department found that over the span of a decade Medicare paid out 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 helping us. If a defective medical device caused you damages, your Arnold, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February 2022, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to degrade too quickly and have caused incredible pain and lifelong damage to potentially as many as 150,000 people who were depending on the replacement joint to return their mobility. When Burger Law was contacted 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 our original complaint here:
Defective Drug Lawyer in Arnold, MO
The Federal Drug Administration has stringent 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 market. With no absolute third-party testing many medications reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies value their bottom line 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 Arnold, MO to stand up to these bullying corporations and let them know that their behavior is unacceptable.
Hundreds of thousands of drugs and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you care about had your condition deteriorate because of careless pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by securing you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from this world too soon.
Other examples of dangerous products we file suit for in Arnold, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
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Arnold, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Arnold, MO knows that being injured by a hazardous product can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Arnold and throughout Missouri recover great 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 do not hesitate to start working on delivering you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical toll your injury has taken on you and your Arnold, MO family. We will fight by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Arnold, MO today at (314) 500-HURT or contact us online to start on the path to a true recovery.