have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Callaway County, MO.
Defective Products Lawyer in Callaway County, MO. If you or someone you love was harmed by a dangerous product, call a Burger law defective products lawyer in Callaway County, MO today at (314) 500-HURT or fill out our online form for a complimentary case evaluation.
Think of your daily routine: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around machines, and/or use your iPhone throughout the day. You may use lawnmowers on the weekend. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that at one point was designed, produced, packaged and bought. When there is an error in the chain of distribution and a product becomes hazardous, it can have a devastating effect on on your life and lives of those you love in Callaway County, MO. If tragedy struck you, you need the expert and devoted legal representation of Burger Law's defective products lawyer team to stand by your side and win you the full financial recovery you are owed.
In our 30 years of negotiation, litigation and trial experience, we have won our clients in Callaway County and beyond more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Callaway County, MO now at (314) 500-HURT.
If you were injured by a faulty product in Callaway County, MO, find out how much your claim may be worth 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 helpful links and FAQS from your Burger Law defective products injury lawyer in Callaway 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?
How Common Are Defective Products in Callaway County, MO?
The Consumer Product Safety Commission has found that faulty products result in more than 29 million injuries and 21,000 fatalities 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 speaks to the incredible harm an unsafe product can cause.
If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Callaway County, MO for understanding, devoted and skilled support and legal counsel.
What is the Process for Defective Products Claims in Callaway County, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Callaway County, MO defective products lawyer can file a "strict liability" suit if three factors are met:
- The person was part of the product's design, manufacture, distribution and sale.
- The product was used in a manner rationally expected.
- One or both of the following:
- The product had a faulty condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, 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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to sale, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the case if:
- The manufacturer is known, still exists and is able to reimburse you for the entirety of your injuries.
- The seller 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 submits evidence that the seller took part in any other part of the design and manufacturing process.
- The motion to dismiss is filed within 60 days.
If the aforementioned conditions are met, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the production of the product than they intimated, were otherwise to blame for the dangerous condition or the manufacturer is unable to compensate you for all 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 financial recovery that they owe you.
Missouri Revised Statute §537.764 has an exception 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 will only work for for failure to warn product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.
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 Callaway County, MO depend on the notion of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, Callaway 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 might be found liable for your damages and would owe you compensation.
However, most product liability or dangerous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is responsible for any injuries a product causes, 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 Callaway 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 innate imperfection in the design that afterwards affects all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
- 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 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 Risks or Dangers That Should Have Been Foreseen: This occurs when the product was not hazardous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. 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 match could start a fire.
Strict liability is meant to encourage corporations to implement exhaustive safety protocols for verifying that their products will not pose a danger to the public. However, too often corporations are negligent and concentrate more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Callaway County, MO will fight by your side and insist on nothing but the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in Callaway County, 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 permits for the defendants to posit that you are responsible for a portion of the fault 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 responsible for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt an entity involved in the chain of distribution makes to eschew their responsibility to pay you for the harm they have caused. Your Callaway County, MO defective products lawyer at Burger Law sees through that. 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 seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, 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 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 happening.
- You used the product in a manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can significantly lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto 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 theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
- You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. 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. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you obeyed recommended safety measures.
- You did not mitigate your damages. In any personal injury claim, you are expected to try to keep your damages as low as you reasonable can. For example, you cannot seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.
Just because the manufacturer or distributor can — and will — assert that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies employ a lot of deceitful tactics to try and minimize your claim, but your Callaway County, MO defective products lawyer at Burger Law knows how to combat 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 our only fee is a moderate percentage of the compensation you get, and you owe us nothing until we win your case. Get in touch with Burger Law today at (314) 500-HURT for legal counsel that parallels and exceeds that of bullying corporations and insurance companies.
Defective Vehicle Parts Lawyer in Callaway County, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Callaway County, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in crashes and fires, and lead to further injuries when the safety components to not work as they should. Common defective car parts we see are:
- Fuel systems
- Electrical wiring
- Steering systems
Offroad vehicles like 4-wheelers can also cause injuries, 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 Callaway County, MO
Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Callaway County, MO has seen be defective are:
- Artificial joints that can cause infections, limited mobility, chronic soreness or repeated dislocations
- Pacemakers, which can lead to infections or even wrongful death when they do not last as long as expected
- Robotic surgical assistants intended to operate on hard to reach areas which, when faulty, can cause perforated organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control devices that can pierce organs, cause pain in the pelvic region, excessive bleeding and unintended pregnancies
As the medical industry keeps implementing new technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to issues with software.
In 2017, the U.S. Health and Human Services Department found that over the span of a decade Medicare had to spend at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you injuries, your Callaway 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 deteriorate too quickly and have caused incredible pain and permanent damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was retained by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in Callaway County, 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 shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than the safety of the people they are supposed to be helping. 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 Callaway County, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.
Four thousand five hundred prescriptions and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you love had your condition worsen because of reckless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer as soon as possible. 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 responsible when their selfishness has taken someone from this world too soon.
Other examples of defective products we collect compensation for our clients for in Callaway 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
Callaway County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Callaway County, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Callaway 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 expenses and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Callaway 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 Callaway County, MO today at (314) 500-HURT or contact us online to start on your journey to true healing.