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Defective Products Lawyer in Clayton, MO.

Defective Products Lawyer in Clayton, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Clayton, MO immediately at (314) 500-HURT or fill out our online form for a complimentary consultation.

Think of what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on a bus, sit at in a chair or work around technology, and/or use your iPhone on and off throughout the day. You may go 4-wheeling on your days off. 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 has gone through various stages of design and production before it reaches the buyer. When there is a breakdown in the stream of commerce and a product becomes defective, it can cause serious harm to you and your Clayton, MO family. When that happens to you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the best possible financial recovery you deserve.

In our In our 30 years of experience standing up for fairness and justice, we have secured our clients in Clayton and throughout Missouri more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Clayton, MO immediately at (314) 500-HURT.

If you were hurt by a faulty product in Clayton, MO, see how much your claim may be worth by using our free personal injury calculator.



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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Clayton, MO:

Clayton, MO Defective Products Statistics

The Consumer Product Safety Commission states that faulty products account for more than 29 million injuries and 21,000 deaths each year.

Based on statistics 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 extreme destruction that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.

If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Clayton, MO for compassionate, dedicated and knowledgeable support and legal counsel.

What is the Process for Defective Products Claims in Clayton, MO?

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

  1. The person was part of the product's chain of distribution.
  2. The product was used in a manner reasonably expected.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
    2. You were injured because there was a hazardous 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 hitting the shelves, from initial design to sale, including a distributor or seller. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the case if:

  • The manufacturer is known, still does business and is financially capable of compensating you for all of your damages.
  • The seller makes 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 design and manufacturing process.
  • The motion to dismiss is filed within 60 days.

If those conditions are satisfied, 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 dangerous condition or the manufacturer is unable to compensate you for the entirety 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 you get the great compensation you are owed.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a dangerous condition could not be fully understood before use by the consumer. This defense is only valid for inadequate warning defective products claims, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

The majority of personal injury cases in Clayton, MO depend on the notion of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Clayton, MO patients with a standard of care. When someone fails in that obligation, for instance if are injured by a fatigued truck driver they may be found liable for your damages and would owe you a financial recovery.

However, most product liability or defective products claims are strict liability claims, meaning that anyone in the chain of distribution is at fault 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 Clayton, 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 you acquired it.

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 inherent flaw in the design that subsequently passes the flaw to all of that product model that go on to be manufactured. 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 mistakes in the manufacturing process. This can either affect only one product, 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 using the wrong kind of screws or bolts.
  3. Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but instead 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 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 risks that a reasonable person would foresee. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to encourage corporations to implement comprehensive safety procedures for ensuring the safety of their products. However, too often corporations do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Clayton, MO will hold them responsible by conducting a full investigation of your case and demanding only full compensation.

Comparative Negligence in Defective Productions Claims in Clayton, MO

An oft-used defense for manufacturers in a product liability claim is that you are at fault for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to put forth the argument that you are liable for a portion of your injuries and, therefore, they are not required to compensate you 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 the accident, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to get out their duty to reimburse you for the harm they have caused. Your Clayton, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:

  • You did not use the product in a way 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. 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 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 diminish it but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle 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 referred to as "Assumption of the risk," a theory in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
  • 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You did not take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 adhered to recommended safety measures.
  • You did not mitigate your damages. In any personal injury claim, you have a duty to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 comparative fault applies to your case, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use a lot of dishonest ruses to try and minimize your claim, but your Clayton, 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 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 we do not collect any attorney's fees until we win your case. Get in touch with Burger Law immediately at (314) 500-HURT for legal counsel that matches and exceeds that of bullying manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Clayton, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Clayton, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common defective car parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Tires
  • Door latches
  • Headlights and taillights

Alternative vehicles like 4-wheelers can also cause injuries, 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 Clayton, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Clayton, 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 because of premature failures
  • 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 pierced organs, infections and electrical burns
  • Blood clot filters that permit free-floating blood clots to invade the lungs
  • Permanent birth control implements that can perforate organs, cause pain in the pelvic region, abnormal blood loss 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 rose by 126 percent, mostly due to problems with software.

In 2017, the U.S. Health and Human Services Department reported that over the span of 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a defective medical device caused you injuries, your Clayton, 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 unneeded pain you experienced.

In February 2022, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements 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 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:

View Complaint

Defective Drug Lawyer in Clayton, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must obey 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. With no absolute third-party testing many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people who need medicine and treatments that are truly effective. 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 Clayton, MO to stand up to these bullying corporations and let them know that their conduct is intolerable.

Four thousand five hundred prescriptions 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 family member sustained injuries because of reckless pharmaceutical companies and manufacturers, call 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 successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other common dangerous products we see in Clayton, 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

Clayton, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Clayton, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your life. That is why we endeavor to see the injured in Clayton and throughout Missouri be compensated 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 delivering 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 Clayton, 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 Clayton, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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