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Defective Products Lawyer in California, MO.
Defective Products Lawyer in California, MO. If you or someone you care about sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in California, MO right away at (314) 500-HURT or fill out our online form for a free case evaluation.
Think of what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on your bike, sit at in a chair or work around technology, and/or use your iPhone throughout the day. You may drive go-carts on your free days. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be engineered, manufactured, packaged and bought. When there is a mistake in that process and a product becomes dangerous, it can have a devastating impact on on your life and lives of those you love in California, MO. When that happens to you, you need the expert and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and deliver you the full compensation you deserve.
In our In our three decades of experience standing up for fairness and justice, we have delivered our clients in California and throughout Missouri over $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in California, MO today at (314) 500-HURT.
If you were injured by a faulty product in California, MO, find out 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 California, 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?
How Common Are Defective Products in California, MO?
The Consumer Product Safety Commission has found that hazardous products result in over 29 million injuries and 21,000 deaths annually.
According to data 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 shows the unbelievable ruin an unsafe product can cause.
If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in California, MO for passionate, devoted and experienced support and legal counsel.
How Defective Products Claims Work in California, MO
Under Missouri Revised Statute §537.760, you and your California, MO defective products lawyer can can hold a person or corporation to blame for your injuries if three factors are met:
- The company was part of the product's design, manufacture, distribution and sale.
- The product was used in a way easily foreseen.
- One or both of the following:
- The product was in a faulty condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
- 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 involved in the product from initial conception to purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may avoid liability if:
- You discover who the manufacturer is, it still does business and is financially capable of paying you for the entirety 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 puts forward evidence that the vendor took part in any other facet of the chain of distribution.
- 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 demonstrates that they were actually involved in the engineering of the product, were otherwise liable for the fault or the manufacturer is unable to compensate you for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery you are owed.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be completely understood before use by the consumer. This defense will only work for for failure to warn defective products claims, and the burden of proof is on the defense.
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
Most personal injury suits in California, MO depend on the idea of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they may be found responsible for your damages and would owe you a financial recovery.
However, most product liability or hazardous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is liable for any injuries 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 California, 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 innate imperfection in the design that subsequently affects all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
- Manufacturing Defects: A product can be designed effectively and safely but still become hazardous 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
- Inadequate Warnings and Instructions: This occurs when the product was not defective 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 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 risks. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to hold corporations accountable and persuade them to implement thorough safety procedures for ensuring the safety of their products. However, too often corporations are negligent and concentrate more on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in California, MO will fight by your side and insist on nothing but a full financial recovery.
Comparative Negligence in Defective Productions Claims in California, MO
A common defense for manufacturers in a product liability lawsuit is that you are liable for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to put forth the argument that you are liable for a portion of your damages and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent to blame for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to eschew their duty to reimburse you for the harm they have caused. Your California, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According to the statute, the defense may say 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 way the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect a consumer to use it. For example, while chairs are meant for sitting, standing on one to reach something is common. 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 use a loaded rifle 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 chain of distribution will not be able to totally avoid liability but can significantly lower 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 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 principle 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 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 did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution from liability. 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 adhered to proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you are expected 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 people in the stream of commerce can — and will — try to convince the court that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies employ numerous tricks to try and minimize your claim, but your California, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations have a lot of money to throw at their defense 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 we get paid a moderate percentage of the compensation you collect, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law immediately at (314) 500-HURT for legal counsel that rivals and eclipses that of resistant manufacturers and sellers and insurance companies.
Defective Vehicle Parts Lawyer in California, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in California, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can lead to collisions and fires, and lead to further injuries when the safety components to not function as they should. Common defective car components we see are:
- Fuel systems
- Windshield wipers
- Steering systems
Offroad vehicles like ATVs can also cause harm, 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 California, MO
Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in California, MO has seen cause further complications for patients include:
- Artificial hips, knees or other joints that can cause infections, limited mobility, chronic soreness or recurring dislocations
- Pacemakers, which can result in infections or even wrongful death when they do not last as long as expected
- Surgical robots designed to operate on hard to reach areas which, when defective, can lead to punctured organs, infections and electrical burns
- Blood clot filters that allow free-floating blood clots to invade the lungs
- Permanent birth control devices that can perforate organs, lead to pain in the pelvic region, excessive blood loss and unplanned pregnancies
As the medical industry keeps coming up with new technologies, medical device recalls have skyrocketed. In the first quarter 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 over the span of 10 years 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 technological medical devices might cause us extensive pain instead of easing it. If a faulty medical device ended up aggravating your condition, your California, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.
In February 2022, Exactech, a company that manufactures implants and 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 possibly as many as 150,000 patients who had received the replacement joint. When Burger Law was contacted 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:
Defective Drug Lawyer in California, MO
The Federal Drug Administration has firm protocols that pharmaceutical companies must follow 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 pharmaceutical companies value their bottom line over the safety of the people who need medicine and treatments that truly help their condition. 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 California, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.
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 a loved one had your condition worsen because of careless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from their family too soon.
Other examples of dangerous products we see in California, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Call Burger Law Now
California, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in California, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your life. That is why we have devoted our lives to seeing the vulnerable in California and throughout Missouri receive maximum 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 getting you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has taken on you and your California, 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 California, MO today at (314) 500-HURT or contact us online to start on your journey to being made whole again.