have you been injured by a dangerous product in Missouri? Call Burger Law now. Defective Products Lawyer in Buchanan County, MO. Defective Products Lawyer in Buchanan County, MO. If you or a loved one sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Buchanan County, MO immediately at (314) 500-HURT or fill out our online form for a free case review. 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 in your vehicle, sit at in a chair or work around heavy equipment, and/or use your android on and off throughout the day. You may use lawnmowers on your days off. You may even have a knee 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 market. When there is a breakdown in the stream of commerce and a product becomes dangerous, it can cause severe harm to you and your Buchanan County, MO family. When that happens to you, you need the skilled and dedicated legal representation of Burger Law's defective products lawyer team to fight on your behalf and secure you the full compensation you deserve. In our In our 30 years of experience standing up for fairness and justice, we have gotten our clients in Buchanan County and beyond over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Buchanan County, MO right away at (314) 500-HURT. If you were hurt by a dangerous product in Buchanan County, MO, see the true value of your claim by filling out our complimentary personal injury calculator. Chesterfield, MOChesterfield, MO100 Chesterfield Business PkwySuites 200-222Chesterfield, MO 63005By appointment onlyPhone: (314) 648-8348View Location Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Buchanan County, MO: FDA Recall List and Safety Alerts Consumer Products Safety Commission Recall List U.S. Department of Transportation Motor Vehicle Recall List Recalls.Gov 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? How Common Are Defective Products in Buchanan County, MO? The Consumer Product Safety Commission estimates that defective products are responsible for in excess of 29 million injuries and 21,000 deaths each year. According to statistics 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 shows the unbelievable devastation that can be caused when manufacturers and distributors do not adhere to the rules. If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Buchanan County, MO for compassionate, dedicated and knowledgeable support and legal counsel. How Defective Products Claims Work in Buchanan County, MO Under Missouri Revised Statute §537.760, you and your Buchanan County, MO defective products lawyer can can hold a person or company at fault for your damages if three conditions are true: The defendant was part of the product's stream of commerce. The product was used in a manner rationally foreseen. One or both of the following: The product was in a defective condition that was unreasonably hazardous when you bought the product 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 involved in the product from initial conception to sale, including a distributor or seller. Pursuant to 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 suit if: You discover who the manufacturer is, it still exists and can afford to pay for all of your injuries. The seller signs 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 was involved in any other part of the chain of distribution. The motion to dismiss is filed within 60 days. If the above conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. 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 pay for all of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every at-fault party is held accountable. Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense is only applicable to for failure to warn defective products claims, and it is up to the defense to prove that there is no way they could have known about the dangerous condition. Have You Been Injured from a Dangerous Product?Have You Been Injured from a Dangerous Product?Click to view videoWhat Do I Have to Prove to Win A Defective Product Liability Lawsuit?What Do I Have to Prove to Win A Defective Product Liability Lawsuit?Click to view videoCloseClose Strict Liability and Negligence in Defective Products Claims: What's the Difference? Most personal injury suits in Buchanan County, MO are won or lost based on the notion of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, Buchanan County, MO dog owners must always have control of their dog. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they may be held accountable for your damages and would have to pay you compensation. However, most product liability or hazardous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is at fault for any damage 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 Buchanan 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 — 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 innate imperfection in the design that afterwards passes the imperfection to all of that product model that go on to be manufactured. An example is an improperly designed safeguard on a power tool. 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, i.e. a single vehicle, or several or all of them, as in an entire line of the same model vehicle. An example could be bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance. Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This occurs when the product was not defective through design or manufacture, but instead 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 not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product typically does not have to warn against obvious dangers. For example, they do not have to warn you that a chainsaw can cut you. Strict liability is meant to incentivize corporations to implement comprehensive safety procedures for verifying the safety of their products. However, too often companies are negligent and concentrate more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Buchanan County, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but complete compensation. Comparative Negligence in Defective Productions Claims in Buchanan County, MO Manufacturers, sellers and anyone else in the stream of commerce will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to put forth the argument that you are responsible for a portion of your damages and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to eschew their duty to reimburse you for the damage their product did to you. Your Buchanan County, MO defective products lawyer at Burger Law sees through that. According to the statute, the defense may argue you bear 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 distributor is only responsible for ensuring the product is safe for reasonable or predictable use. 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 reasonably foresee that happening. You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can significantly reduce it. Say 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 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, 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 modify a chainsaw or other tool to remove certain guards or safety measures. 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 highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you adhered to recommended safety measures. You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. The defense may say you have no right to ask them for money they do not owe you. Just because people in the stream of commerce can — and will — work hard to persuade a jury that comparative negligence applies to your injuries, that does not mean they will be successful. Bullying corporations and insurance companies implement myriad dishonest ruses to try and minimize your claim, but your Buchanan County, MO defective products lawyer at Burger Law knows how to combat them. 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 make an injury claim before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the financial recovery you get, and you do not pay us anything until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal advocacy that matches and surpasses that of resistant manufacturers and vendors and insurance adjusters. Defective Vehicle Parts Lawyer in Buchanan County, MO Our defective products lawyer team sees in Buchanan County, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. 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 lead to further injuries when the safety components to not function as they should. Common defective motor vehicle components we see are: Brakes Airbags Fuel systems Electrical wiring Wheels Seats Accelerators Offroad vehicles like ATVs can also cause damage, for instance many of them are prone 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 Buchanan County, MO We need 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 Buchanan County, MO has seen cause further injuries to patients are: Artificial hips, knees or other joints that can result in infections, limited mobility, pain or frequent dislocations Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected Robotic surgical assistants designed to operate on hard to reach areas which, when faulty, can cause punctured organs, infections and electrical burns Blood clot filters that allow dislodged blood clots to invade the lungs Permanent birth control implements that can pierce organs, result in pain in the pelvic region, excessive blood loss and unplanned pregnancies As the medical industry keeps inventing more and more advanced technologies, the numbers of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, mostly due to defects in software. In 2017, the U.S. Health and Human Services Department reported that over the span of 10 years Medicare paid out at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a defective medical device caused you damages, your Buchanan County, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced. Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused incredible pain and permanent 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 continue to take on Exactech Knee Replacement cases. You can view our original complaint here: View Complaint Defective Drug Lawyer in Buchanan County, MO The Federal Drug Administration has strict procedures that pharmaceutical companies must follow from manufacturing to delivery. 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 prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line 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 Buchanan County, MO to stand up to these bullying corporations and make them realize that their behavior is unacceptable. Four thousand five hundred medications 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 care about had your condition worsen because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer now. 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 selfishness has taken someone from this world too soon. Other common dangerous products we file suit for in Buchanan County, MO include: Children's toys Chemicals such as week killer Baby powder Household appliances Industrial machinery Cell phone batteries Cosmetic products Call Burger Law Now Buchanan County, MO Defective Products Lawyer | Burger Law Every Burger Law defective products lawyer in Buchanan County, MO knows that being injured by a faulty product can completely disrupt your life. That is why we strive to see the injured in Buchanan County 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 costs and lost wages, as well as the emotional and physical toll your injury has taken on you and your Buchanan County, 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 Buchanan County, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.