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Defective Products Lawyer in Clinton County, MO.
Defective Products Lawyer in Clinton County, MO. If you or someone you love sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Clinton County, MO today at (314) 500-HURT or fill out our online form for a free consultation.
Imagine what you do every day: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on your bike, sit by a computer or work around machines, and/or use your cell phone at various times during the day. You may drive go-carts on your days off. You may even have a ankle 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 market. When there is a breakdown in the chain of distribution and a product becomes hazardous, it can have a catastrophic effect on Clinton County, MO individuals and families. If tragedy struck you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and deliver you the great financial recovery you deserve.
In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have won our clients in Clinton County and beyond over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Clinton County, MO immediately at (314) 500-HURT.
If you were injured by a faulty product in Clinton County, MO, discover 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
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Clinton 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 Clinton County, MO?
The Consumer Product Safety Commission has found that defective products account for more than 29 million injuries and 21,000 fatalities every year.
According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme ruin an unsafe product can cause.
If you or someone you know was hurt by a hazardous product, call a Burger Law defective products lawyer in Clinton County, MO for passionate, committed and knowledgeable support and legal advocacy.
How Defective Products Claims Work in Clinton County, MO
Under Missouri Revised Statute §537.760, you and your Clinton County, MO defective products lawyer can make a "strict liability" claim if three factors are true:
- The person was part of the product's stream of commerce.
- You used the product in a way easily anticipated.
- One or both of the following:
- The product was in a faulty condition that was unreasonably hazardous when you bought the product 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 that took part in the product coming to fruiting and hitting the shelves, from initial design to purchase, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product can avoid liability if:
- The manufacturer is known, still does business and can afford to compensate you for the entirety of your injuries.
- The entity that sold it makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
- There is no evidence is presented to the court that the distributor was involved in any other aspect of the stream of commerce.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If the above conditions are met, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise to blame for the hazardous condition or the manufacturer is unable to reimburse you for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every liable 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 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 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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Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury lawsuits in Clinton County, MO are won or lost based on the conception of negligence. We all have an obligation to each other's safety in certain situations; for example, Clinton County, MO dog owners must always have control of their dog. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they can be found liable for your damages and would have to pay you a financial recovery.
However, most product liability or dangerous products cases are strict liability claims, meaning that a designer, manufacturer or vendor is responsible for any damage 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 Clinton 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 — at the moment that you acquired it.
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 flaw in the design that afterwards affects all products with the same design. An example is a toy intended for children that contains a choking hazard.
- Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure 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 a swing set with a cracked chain.
- 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 dangers. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. 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 exhaustive safety procedures 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 Clinton County, MO will fight on your behalf and insist on only a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Clinton County, MO
A common defense for manufacturers in a defective products claim is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or seller to posit that you share a portion of the fault and, therefore, they are not liable 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 at fault for your injuries, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to avoid their responsibility to pay you for the damage their product did to you. Your Clinton County, 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 vendor 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 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 use of the product.
- 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 completely avoid fault but can significantly decrease it. Say 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 referred to 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 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
- You did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce 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 would have been avoided had you followed proper protocols.
- You failed to try to keep your damages to a minimum. 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 seller can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Bullying corporations and insurance companies employ numerous dishonest ruses to try and minimize your claim, but your Clinton County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies are unfair 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 financial recovery you collect, and you owe us nothing until we win your case. Get in touch with Burger Law now at (314) 500-HURT for legal advocacy that matches and eclipses that of bullying manufacturers and vendors and insurance companies.
Defective Vehicle Parts Lawyer in Clinton County, MO
Our defective products lawyer team sees in Clinton County, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause accident and fires, and lead to further injuries when the safety components to not function as they should. Common faulty motor vehicle components we see are:
- Fuel systems
- Electrical wires
- Door latches
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 Clinton County, MO
We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Clinton County, MO has seen be defective include:
- Artificial hips, knees or other joints that can lead to infections, limited mobility, pain or frequent dislocations
- Pacemakers, which can lead to infections or even wrongful death because of premature failures
- Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to perforated organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control implements that can puncture organs, result in pelvic pain, excessive bleeding and unintended pregnancies
As the medical industry keeps coming up with new technologies, the amount of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly owing to problems with software.
In 2017, the U.S. Health and Human Services Department announced that throughout 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a defective medical device caused you damages, your Clinton County, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unneeded 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 sooner than anticipated and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients 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 are taking on more Exactech Knee Replacement cases to this day. You can view the complaint we filed for our first client by clicking the button below:
Defective Drug Lawyer in Clinton 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 shelves. With no absolute third-party testing many prescriptions reach the market 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 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 Clinton County, MO to stand up to these bullying corporations and make them realize that their conduct is deplorable.
Four thousand five hundred drugs and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or a loved one had your condition worsen because of reckless pharmaceutical companies and manufacturers, get in touch with 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 they have caused. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from their family too soon.
Other common defective products we see in Clinton County, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Call Burger Law Now
Clinton County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Clinton County, MO knows that being harmed by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Clinton County and throughout Missouri get great compensation for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we do not hesitate to start working on securing you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Clinton 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 Clinton County, MO immediately at (314) 500-HURT or contact us online to take the first step toward true healing.