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Defective Products Lawyer in Caldwell County, MO.
Defective Products Lawyer in Caldwell County, MO. If you or someone you care about was injured by a dangerous product, get in touch with a Burger law defective products lawyer in Caldwell County, MO right away at (314) 500-HURT or fill out our online form for a free case review.
Picture your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your car, sit by a computer or work around machines, and/or use your cell phone on and off throughout the day. You may drive go-carts 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 at one point was engineered, manufactured, packaged and sold. When there is an error in that process and a product becomes defective, it can have a ruinous effect on Caldwell County, MO individuals and families. When that happens to you, you need the skilled and dedicated legal services of Burger Law's defective products lawyer team to fight on your behalf and win you the great compensation you deserve.
In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Caldwell County and throughout Missouri in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Caldwell County, MO right away at (314) 500-HURT.
If you were hurt by a faulty product in Caldwell County, MO, see how much your claim may be worth by using our free 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 Caldwell 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?
Caldwell County, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that defective products cause in excess of 29 million injuries and 21,000 deaths annually.
Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme destruction an unsafe product can cause.
If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Caldwell County, MO for compassionate, dedicated and talented support and legal advocacy.
How Defective Products Claims Work in Caldwell County, MO
Under Missouri Revised Statute §537.760, you and your Caldwell County, MO defective products lawyer can file a "strict liability" suit if three conditions are met:
- The company was part of the product's chain of distribution.
- The product was used in a way logically anticipated.
- One or both of the following:
- The product had a defective condition that was unreasonably dangerous when you bought the product that caused you direct harm, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.
The "stream of commerce" refers to anyone involved in the product from initial design to sale, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can avoid liability if:
- The manufacturer is known, still exists and is financially capable of reimbursing you for all of your injuries.
- The entity that sold it signs an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
- No other party in the case presents evidence that the distributor took part in any other aspect of the stream of commerce.
- The dismissal is requested to the judge within 60 days.
If the above conditions are satisfied, the vendor 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 design or manufacture of the product, were otherwise to blame for the hazardous condition or the manufacturer cannot reimburse you for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held responsible.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. 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 dangerous condition.
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 Caldwell County, MO are decided by the concept of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Caldwell County, MO patients with a standard of care. When someone is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they may be found accountable for your damages and would have to pay you a financial recovery.
By contrast, most product liability or dangerous products cases are strict liability claims, meaning that a designer, manufacturer or vendor is accountable for any damage 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 Caldwell 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 defect in the design that afterwards passes the fault to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either only make one product dangerous, 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 installing outdated components or leaving sharp edges on plastic or other materials.
- 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 inherent risks. Examples include a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product generally does not have to warn against risks that a reasonable person would foresee. For instance, they do not have to warn you that a match could start a fire.
Strict liability is intended to encourage corporations to implement comprehensive safety protocols for verifying the safety of their products. However, too often companies are negligent and try to focus more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Caldwell County, MO will hold them accountable by conducting a full investigation of your case and insisting on only the best possible compensation.
Comparative Negligence in Defective Productions Claims in Caldwell County, MO
Manufacturers, sellers and anyone else in the chain of distribution will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the defendants to put forth the defense that you are liable for a portion of the fault and, therefore, they do not have to pay you 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, comparative negligence arguments are a dishonest attempt a manufacturer makes to get out their duty to reimburse you for the damage their product did to you. Your Caldwell County, MO defective products lawyer at Burger Law sees through that. 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 distributor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant for sitting, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. By contrast, if you are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
- You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can significantly reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car crash. 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 concept in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
- 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 hurt doing such a thing.
- You failed to follow safety guidelines. 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 mitigate your damages. In any personal injury claim, you have a duty 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 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 distributor can — and will — assert that comparative negligence applies to your injuries, that does not mean the claim is automatically true. Large corporations and insurance companies implement numerous deceitful tactics to try and lower your claim, but your Caldwell County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair and try to take advantage of people who have never had to make an injury claim 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. Call Burger Law right away at (314) 500-HURT for legal advocacy that parallels and eclipses that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Caldwell County, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Caldwell County, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not work as they should. Common defective motor vehicle components we see are:
- Fuel systems
- Windshield wipers
- Door latches
- Headlights and taillights
Offroad vehicles like 4-wheelers 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 Caldwell County, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us even more complications when they are defective. Common medical devices that your Burger Law defective products lawyer in Caldwell County, MO has seen cause further injuries to patients include:
- Artificial joints that can result in infections, instability, pain or repeated dislocations
- Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants designed to operate on hard to reach areas which, when faulty, can result in punctured organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control implements that can puncture organs, lead to pain in the pelvic region, excessive blood loss and unwanted pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, mostly because of issues with software.
In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare paid out at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of improving our lives. If a flawed medical device ended up worsening your condition, your Caldwell County, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was contacted 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 the complaint we filed for our first client here:
Defective Drug Lawyer in Caldwell County, MO
The Federal Drug Administration has firm procedures 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. That means that many drugs 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 Caldwell County, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable.
Hundreds of thousands of drugs and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you love had your condition deteriorate because of irresponsible pharmaceutical companies and manufacturers, 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 responsible when their negligence has taken someone from this world too soon.
Other examples of defective products we collect compensation for our clients for in Caldwell County, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Call Burger Law Now
Caldwell County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Caldwell County, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we strive to see the vulnerable in Caldwell County and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on securing you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Caldwell County, 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 Caldwell County, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.