have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Audrain County, MO.
Defective Products Lawyer in Audrain County, MO. If you or a loved one sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Audrain County, MO now at (314) 500-HURT or fill out our online form for a complimentary case evaluation.
Think of your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on a bus, sit at in a chair or work around heavy equipment, and/or use your iPhone throughout the day. You may use lawnmowers on your free days. You may even have a ankle replacement 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 buyer. When there is a breakdown in the chain of distribution and a product becomes hazardous, it can have a disastrous impact on Audrain County, MO individuals and families. If tragedy struck you, you need the knowledgeable and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the great financial recovery you deserve.
In our In our 70 years of combined experience fighting for fairness and justice, we have won our clients in Audrain County and beyond in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Audrain County, MO immediately at (314) 500-HURT.
If you were harmed by a faulty product in Audrain County, MO, discover the true value of your claim by utilizing our complimentary personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Audrain County, 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?
Audrain County, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that defective products account for over 29 million injuries and 21,000 deaths every 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 extreme ruin an unsafe product can cause.
If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Audrain County, MO for passionate, committed and talented support and legal counsel.
What is the Process for Defective Products Claims in Audrain County, MO?
According to Missouri Revised Statute §537.760, you and your Audrain County, MO defective products lawyer can file a "strict liability" suit if three factors are true:
- The defendant was part of the product's design, manufacture, distribution and sale.
- You used the product in a way easily foreseen.
- One or both of the following:
- The product had a defective condition that was unreasonably dangerous when the product was sold and your injuries are a direct result of that defect, and/or
- 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 that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it can avoid liability if:
- You discover who the manufacturer is, it still does business and is financially capable of compensating you for all of your injuries.
- The entity that sold it signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
- No other party in the case comes forward with evidence that the seller took part in any other aspect of the design and manufacturing process.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If the aforementioned conditions are met, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise responsible for the hazardous condition or the manufacturer is unable to compensate you for the entirety of the economic, physical and emotional hardships 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 has an exception for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense is only applicable to for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.
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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The Difference Between Strict Liability and Negligence in Defective Products Cases
The majority of personal injury lawsuits in Audrain County, MO are decided by the notion of negligence. We all have an obligation to each other's safety in certain situations; for example, Audrain County, MO dog owners must always have control of their dog. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they may be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or dangerous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is to blame for any injuries a product causes, whether they were negligent or not. 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 Audrain County, 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 flaw in the design that afterwards passes the defect to all products with the same design. An example is a piece of clothing that is easily flammable.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes 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 hazardous chemicals. An example could be installing outdated components or a swing set with a cracked chain.
- Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically does not have to warn against obvious risks. For example, 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 thorough safety procedures for ensuring the safety of their products. Even so, too often companies do not value our safety and concentrate more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Audrain County, MO will hold them responsible by conducting a full investigation of your case and demanding only full compensation.
Comparative Negligence in Defective Productions Claims in Audrain County, MO
Manufacturers, sellers and anyone else in the chain of distribution will often rely on the principle of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for those in the chain of distribution to argue that you are liable for a portion of your injuries and, therefore, they are not liable for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to eschew their responsibility to reimburse you for the damage their product did to you. Your Audrain County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative fault if the following situations apply:
- 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. 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 be expected to foresee that happening.
- You used the product in a manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly lower it 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 used the product while aware of a reasonable level of danger associated with the use. 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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 did not follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you adhered to proper protocols.
- 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 seek unnecessary medical treatment. 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 people in the stream of commerce can — and will — assert that you share part of the blame, that does not mean the claim is automatically true. Bullying corporations and insurance companies implement numerous dishonest ruses to try and minimize your claim, but your Audrain County, MO defective products lawyer at Burger Law knows how to fight back against 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 file a lawsuit before. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the compensation you receive, and you do not pay us anything until we win your case. Get in touch with Burger Law now at (314) 500-HURT for legal counsel that rivals and exceeds that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Audrain County, MO
Our defective products lawyer team sees in Audrain County, 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, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to wrecks and fires, and fail to protect occupants from harm as intended. Common dangerous car parts we see are:
- Fuel systems
- Windshield wipers
- Headlights and taillights
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 Audrain County, MO
Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us even more complications when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Audrain County, MO has seen be defective are:
- Artificial joints that can cause infections, instability, 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
- Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause pierced organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can puncture organs, result in pain in the pelvic region, excessive hemorrhaging and unwanted pregnancies
As the medical industry becomes more high-tech, medical device recalls have gone up exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, mostly because of problems with software.
In 2017, the U.S. Health and Human Services Department reported that over 10 years Medicare had to spend 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 defective medical device ended up aggravating your condition, your Audrain County, 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.
Earlier this year, 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 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 retained 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 view our original complaint by clicking the link below:
Defective Drug Lawyer in Audrain County, MO
The Federal Drug Administration has strict 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 market whose potential side effects greatly outweigh their potential benefits. Too many corporations 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 Audrain County, MO to stand up for the vulnerable and let these corporations know that their behavior 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 worsen 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 they have caused. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from this world too soon.
Other common dangerous products we file suit for in Audrain County, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
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Audrain County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Audrain County, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your life. That is why we have dedicated our careers to seeing the vulnerable in Audrain County and throughout Missouri be compensated 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 getting 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 Audrain County, MO family. We will stand 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 Audrain County, MO right away at (314) 500-HURT or contact us online to start on your journey to being made whole again.