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Defective Products Lawyer in Ballwin, MO.

Defective Products Lawyer in Ballwin, MO. If you or a loved one was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in Ballwin, MO immediately at (314) 500-HURT or fill out our online form for a free consultation.

Think of what you do every day: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work in your car, sit at in a chair or work around machines, and/or use your iPhone throughout the day. You may go 4-wheeling on the weekend. You may even have a prosthetic limb 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 buyer. When there is an error in that process and a product becomes hazardous, it can cause severe harm to you and your Ballwin, MO family. When that happens to you, you need the expert and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the best possible compensation you are owed.

In our In our 30 years of experience fighting for fairness and justice, we have secured our clients in Ballwin and beyond more than $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Ballwin, MO now at (314) 500-HURT.

If you were hurt by a defective product in Ballwin, MO, discover how much your claim may be worth by filling out our complimentary personal injury calculator.



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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Ballwin, MO:

How Common Are Defective Products in Ballwin, MO?

The Consumer Product Safety Commission states that dangerous products cause over 29 million injuries and 21,000 fatalities each year.

According to data from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the incredible harm that can be caused when manufacturers and distributors do not follow the rules.

If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Ballwin, MO for understanding, devoted and experienced support and legal advocacy.

How Defective Products Claims Work in Ballwin, MO

According to Missouri Revised Statute §537.760, you and your Ballwin, MO defective products lawyer can can hold a person or company at fault for your injuries if three factors are true:

  1. The person was involved in the product's stream of commerce.
  2. You used the product in a manner reasonably anticipated.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably dangerous when the product was sold that was the proximate cause of your injuries, and/or
    2. You were injured because there was a dangerous 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 going to the market, from initial conception to sale, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can avoid liability if:

  • You discover who the manufacturer is, it still does business and is financially capable of compensating you for the entirety of your damages.
  • The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is submitted to the court that the vendor was involved in any other facet of the chain of distribution.
  • The dismissal is requested to the court no later than 60 days after the complaint is filed.

If the above conditions are met, the distributor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise at fault for the hazardous condition or the manufacturer cannot pay for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation that they owe you.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be fully understood before use by the consumer. This defense is only valid for inadequate warning defective products lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury cases in Ballwin, MO are won or lost based on the idea of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, Ballwin, MO dog owners must always have control of their dog. When someone fails in that responsibility, for instance if sustain an injury because you were hit by a distracted driver they may be found liable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is responsible for any damage that results the reasonable use of a product, 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 Ballwin, 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:

  1. Design Defect: A design defect is an innate fault in the design that afterwards affects all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
  2. 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 hazardous chemicals. An example could be incorrectly installing wires or electrical components or not properly fastening components to each other.
  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 adequate instructions or warnings about innate risks. 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 generally does not have to warn against obvious risks. 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 thorough safety procedures for guaranteeing that their products will not put the people who use it at risk. However, too often corporations are negligent and spend more energy on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Ballwin, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but maximum compensation.

Comparative Negligence in Defective Productions Claims in Ballwin, MO

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for those in the stream of commerce to put forth the argument that you share a portion of your damages and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, claims of comparative fault are a disingenuous attempt an entity involved in the chain of distribution makes to get out their responsibility to pay you for the harm they have caused. Your Ballwin, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative fault if the following situations apply:

  • 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 the public to use it. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. On the other hand, if you use a loaded gun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not be expected to foresee that happening.
  • You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to completely avoid fault but can considerably lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle wreck. 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 referred to as "Assumption of the risk," a theory 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 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 hurt doing such a thing.
  • You neglected to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not obeyed 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 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 the defense can — and will — try to convince the court that comparative negligence applies to your claim, that does not mean the claim is automatically true. Large corporations and insurance companies employ a variety of tricks to try and devalue your claim, but your Ballwin, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies 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 are awarded, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law today at (314) 500-HURT for legal advocacy that parallels and exceeds that of resistant manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Ballwin, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Ballwin, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in collisions and fires, and lead to further injuries when the safety components to not function as they should. Common faulty car parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Tires
  • Steering systems
  • Accelerators

Offroad vehicles like 4-wheelers can also cause injuries, 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 Ballwin, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Ballwin, MO has seen be defective include:

  • Artificial hips, knees or other joints that can result in infections, instability, pain or recurring dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots intended to operate on hard to reach areas which, when faulty, can lead to perforated 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 perforate organs, cause pelvic pain, abnormal bleeding and unintended pregnancies

As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has soared. 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 in the course of a decade Medicare paid out at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of helping us. If a defective medical device ended up worsening your condition, your Ballwin, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was retained 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 the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in Ballwin, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must adhere to from manufacturing to sale. 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 prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies put profit over the safety of the people who need medicine and treatments that truly help their condition. 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 Ballwin, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.

Four thousand five hundred 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 a loved one received injuries because of irresponsible pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer now. 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 this world too soon.

Other common defective products we see in Ballwin, MO include:

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

Call Burger Law Now

Ballwin, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Ballwin, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Ballwin and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on securing you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical hardships your injury has taken on you and your Ballwin, 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 Ballwin, MO immediately at (314) 500-HURT or contact us online to start on the path to a true recovery.

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