Defective Products Lawyer in Clayton, MO.
Defective Products Lawyer in Clayton, MO. If you or someone you care about was injured by a dangerous product, call a Burger law defective products lawyer in Clayton, MO immediately at or fill out our online form for a complimentary case review.
Imagine what you do every day: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work in your car, sit by a computer or work around heavy machinery, and/or use your iPhone at various times during the day. You may go boating on your free days. You may even have a prosthetic limb 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 an error in that process and a product becomes dangerous, it can cause severe harm to you and your Clayton, 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 deliver you the maximum compensation you deserve.
In our In our 30 years of experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Clayton and throughout Missouri in excess of $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Clayton, MO immediately at .
If you were injured by a defective product in Clayton, MO, discover how much your claim may be worth by filling out our complimentary personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Clayton, 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?
Clayton, MO Defective Products Statistics
The Consumer Product Safety Commission has found that hazardous products cause over 29 million injuries and 21,000 fatalities every year.
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 harm an unsafe product can cause.
If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Clayton, MO for understanding, dedicated and knowledgeable support and legal counsel.
What is the Process for Defective Products Claims in Clayton, MO?
According to Missouri Revised Statute §537.760, you and your Clayton, MO defective products lawyer can can hold a person or corporation at fault for your damages if three conditions are true:
- The person was involved in the product's stream of commerce.
- You used the product in a way rationally foreseen.
- One or both of the following:
- The product had a faulty condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
- Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.
The "chain of distribution" refers to anyone involved in the product from initial design to sale, including a distributor or vendor. Under Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can avoid liability if:
- You discover who the manufacturer is, it has not closed their business and can afford to pay for the entirety of your damages.
- The seller makes an affidavit under threat of perjury that their only involvement in the process was selling it.
- No other party in the case presents evidence that the distributor was involved in any other aspect of the stream of commerce.
- The dismissal is requested to the judge no later than 60 days after the complaint is filed.
If the aforementioned conditions are met, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they had a larger role in the design and manufacture of the product than they implied, were otherwise at fault for the hazardous condition or the manufacturer cannot compensate you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every at-fault party is held accountable.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be entirely 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.
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury lawsuits in Clayton, MO are based on the idea of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they might be held responsible for your damages and would have to pay you compensation.
By contrast, most product liability or defective products cases are determined by strict liability, meaning that a designer, manufacturer or vendor is responsible for any injuries 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 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 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 fault in the design that subsequently passes the imperfection to 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 only make one product hazardous, 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 a swing set with a cracked chain.
- 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 rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could come about 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. A manufacturer typically does not have to warn against obvious risks. For example, they do not have to warn you that a match could start a fire.
Strict liability is meant to hold corporations accountable and persuade them to implement comprehensive safety protocols for guaranteeing the safety of their products. Even so, too often corporations are negligent and spend more energy on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Clayton, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but complete compensation.
Comparative Negligence in Defective Productions Claims in Clayton, MO
A common defense for manufacturers in a defective products claim is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to posit that you share 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, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to avoid their duty to reimburse you for the damage their product did to you. Your Clayton, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. 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 distributor is only responsible for ensuring the product is safe for reasonable or predictable use. 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. On the other hand, 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 manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to totally avoid fault but can considerably lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car wreck. 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 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 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 follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging 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 followed recommended precautions.
- 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 financial recovery you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 chain of distribution can — and will — assert that comparative fault applies to your lawsuit, that does not mean the claim is automatically true. Large corporations and insurance companies employ numerous tricks to try and minimize your claim, but your Clayton, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies have a lot of money to throw at their defense and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the compensation you collect, and you owe us nothing until we win your case. Call Burger Law today at for legal advocacy that rivals and surpasses that of resistant corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Clayton, MO
Our defective products lawyer team sees in Clayton, MO sees more defective vehicles than any other product, both because of how many people use them 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 collisions and fires, and fail to protect drivers and passengers from harm as intended. Common defective automobile parts we see are:
- Fuel systems
- Electrical wires
- Door latches
- Headlights and taillights
Alternative vehicles like 4-wheelers can also cause harm, 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 Clayton, MO
We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Clayton, MO has seen cause further complications for patients include:
- Artificial hips, knees or other joints that can cause infections, instability, chronic soreness or frequent dislocations
- Pacemakers, which can cause infections or even wrongful death because of premature failures
- Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can result in pierced organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can perforate organs, cause pain in the pelvic region, excessive bleeding and unintended pregnancies
As the medical industry keeps coming up with more and more advanced technologies, medical device recalls have soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly as a result of defects in software.
In 2017, the U.S. Health and Human Services Department reported that throughout a decade Medicare had to spend at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a flawed medical device ended up worsening your condition, your Clayton, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get 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 people who were depending on the replacement joint to ease their pain. When Burger Law was made aware of the defect 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 here:
Defective Drug Lawyer in Clayton, MO
The Federal Drug Administration has strict procedures that pharmaceutical companies must obey 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 market. With no absolute independent testing many medications 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 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 behavior is unacceptable.
Hundreds of thousands of prescriptions 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 a family member had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer now. We fight hard to see justice restored by winning you compensation and holding negligent corporations responsible. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.
Other common dangerous products we see in Clayton, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Clayton, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Clayton, MO knows that being hurt by a faulty product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have dedicated our lives to seeing the vulnerable in Clayton and throughout Missouri collect maximum compensation 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 do not hesitate to start working on getting you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Clayton, 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 Clayton, MO today at or contact us online to start on the path to true healing.