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Defective Products Lawyer in Bonne Terre, MO.

Defective Products Lawyer in Bonne Terre, MO. If you or someone you love was hurt by a dangerous product, call a Burger law defective products lawyer in Bonne Terre, MO today at (314) 500-HURT or fill out our online form for a free consultation.

Imagine what you do every day: You may make coffee in a coffee maker 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 android at various times during the day. You may drive go-carts on your days off. You may even have a prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of product that at one point was engineered, manufactured, packaged and sold. When there is an error in the chain of distribution and a product becomes hazardous, it can have a disastrous effect on on your life and lives of those you love in Bonne Terre, MO. When that happens to you, you need the accomplished and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and deliver you the great compensation you deserve.

In our In our 30 years of experience fighting for the rights of the injured and vulnerable, we have secured our clients in Bonne Terre and throughout Missouri in excess of $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Bonne Terre, MO today at (314) 500-HURT.

If you were injured by a defective product in Bonne Terre, MO, see the true value of your claim by using our complimentary personal injury calculator.



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St. Louis, MO 63102

Phone: (314) 500-HURT

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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Bonne Terre, MO:

How Common Are Defective Products in Bonne Terre, MO?

The Consumer Product Safety Commission states that defective products are responsible for over 29 million injuries and 21,000 fatalities annually.

According to data from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows 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 Bonne Terre, MO for passionate, committed and talented support and legal representation.

How Defective Products Claims Work in Bonne Terre, MO

Under Missouri Revised Statute §537.760, you and your Bonne Terre, MO defective products lawyer can file a "strict liability" suit if three conditions are true:

  1. The company was involved in the product's chain of distribution.
  2. The product was used in a manner logically foreseen.
  3. One or both of the following:
    1. The product was in a faulty condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, and/or
    2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone involved in the product from initial design to sale, including a distributor or seller. Under Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may be dismissed from the case if:

  • You discover who the manufacturer is, it has not closed their business and is financially capable of compensating you for the entirety of your injuries.
  • The vendor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case puts forward evidence that the distributor was involved in any other facet of the design and manufacturing process.
  • The dismissal is requested to the judge within 60 days.

If the aforementioned 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 to blame for the fault 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 at-fault party is held accountable.

Missouri Revised Statute §537.764 mentions a caveat 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 was introduced to the public. This defense is only applicable to for inadequate warning product liability cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in Bonne Terre, MO are based on the idea of negligence. We all have an obligation to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example 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 have to pay you compensation.

By contrast, most product liability or defective products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable for any damage 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 Bonne Terre, 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 imperfection in the design that afterwards affects all products with the same design. An example is a toy intended for children that contains a choking hazard.
  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 hazardous, 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 bugs or other contaminants found in beverages or not properly fastening components to each other.
  3. Insufficient Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper 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 not advising an appropriate age range for children if a toy or game is a choking hazard. 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 chainsaw can cut you.

Strict liability is intended to incentivize corporations to implement comprehensive safety protocols for ensuring the safety of their products. However, too often corporations do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Bonne Terre, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but full compensation.

Comparative Negligence in Defective Productions Claims in Bonne Terre, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the concept of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for the defendants to put forth the argument that you share a portion of your injuries and, therefore, they are not liable for the full extent of your damages. For example, if a jury awards you $100,000 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 duty to pay you for the harm they have caused. Your Bonne Terre, MO defective products lawyer at Burger Law will not let them get away with it. Under 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 seller is only has to make a product safe for ways that they can expect a consumer 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 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 use of the product.
  • You used the product in a way the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid liability but can considerably lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. 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 theory 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 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 injured doing such a thing.
  • You did not take necessary safety precautions. 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 are your fault because you had not obeyed recommended safety measures.
  • You did not mitigate your damages. 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 manufacturer or vendor can — and will — work hard to persuade a jury that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies implement a variety of deceitful tactics to try and devalue your claim, but your Bonne Terre, 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 who do not have the same resources. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you receive, 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 counsel that parallels and surpasses that of bullying manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Bonne Terre, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Bonne Terre, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause crashes and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Tires
  • Seats
  • 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 Bonne Terre, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Bonne Terre, MO has seen be defective include:

  • Artificial hips, knees or other joints that can cause infections, limited mobility, pain or repeated dislocations
  • Pacemakers, which can cause infections or even wrongful death when they do not last as long as anticipated
  • 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 punctured organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control devices that can perforate organs, result in pain in the pelvic region, abnormal blood loss and unintended pregnancies

As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has increased exponentially. 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 stated that over a decade Medicare paid out at least $1.5 billion to replace over 73,000 faulty heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a defective medical device caused you injuries, your Bonne Terre, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused unimaginable pain and lifelong damage to potentially as many as 150,000 people 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 continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Bonne Terre, MO

The Federal Drug Administration has firm procedures 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 market. With no absolute independent testing many drugs reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies care more about the money they make more than the safety of the people who need medicine and treatments that are truly effective. 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 Bonne Terre, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Four thousand five hundred prescriptions 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 family member received injuries because of irresponsible pharmaceutical companies and manufacturers, reach out to 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 has been inflicted because of their actions. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from their family too soon.

Other common defective products we collect compensation for our clients for in Bonne Terre, MO include:

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

Call Burger Law Now

Bonne Terre, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Bonne Terre, MO knows that being hurt by a faulty product can completely disrupt your life. That is why we have devoted our lives to seeing the injured in Bonne Terre and throughout Missouri receive maximum 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 immediately start working on getting you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Bonne Terre, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Bonne Terre, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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