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Defective Products Lawyer in Creve Coeur, MO.

Defective Products Lawyer in Creve Coeur, MO. If you or a loved one was harmed by a dangerous product, call a Burger law defective products lawyer in Creve Coeur, MO today at (314) 500-HURT or fill out our online form for a free case review.

Imagine 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 at in a chair or work around heavy machinery, and/or use your android throughout the day. You may drive go-carts on your free days. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of product that had to be designed, produced, shipped and bought. When there is an oversight in that process and a product becomes dangerous, it can cause severe harm to you and your Creve Coeur, MO family. If tragedy struck you, you need the knowledgeable and committed legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the great compensation you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Creve Coeur and throughout Missouri over $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Creve Coeur, MO right away at (314) 500-HURT.

If you were injured by a defective product in Creve Coeur, MO, discover the true value of your case by filling out our complimentary personal injury calculator.



Chesterfield, MO

Chesterfield, MO

100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005

By appointment only

Phone: (314) 648-8348

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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Creve Coeur, MO:

How Common Are Defective Products in Creve Coeur, MO?

The Consumer Product Safety Commission has found that defective products cause in excess of 29 million injuries and 21,000 deaths each year.

According to facts 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 extreme ruin an unsafe product can cause.

If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Creve Coeur, MO for passionate, devoted and knowledgeable support and legal representation.

How Defective Products Claims Work in Creve Coeur, MO

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

  1. The defendant was part of the product's chain of distribution.
  2. You used the product in a way rationally expected.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor's and your injuries are a direct result of that defect, and/or
    2. 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 hitting the shelves, from initial conception to purchase, including the person or entity you bought the product from. 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 can be dismissed from the case if:

  • The manufacturer is known, still exists and is able to reimburse you for all of your injuries.
  • The entity that sold it makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case submits evidence that the distributor took part in any other aspect of the design and manufacturing process.
  • The motion to dismiss is filed within 60 days.

If the above conditions are satisfied, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise responsible for the dangerous condition or the manufacturer cannot pay for all of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held accountable.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product hit the shelves. 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 Creve Coeur, MO are determined by the idea of negligence. We all have a duty to each other's safety 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 you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found responsible for your damages and would have to pay you a financial recovery.

However, most product liability or hazardous products claims are strict liability claims, meaning that anyone in the chain of distribution 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 Creve Coeur, 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 came into your possession.

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 innate flaw in the design that afterwards passes the defect 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 a failure in the manufacturing process. This can either only make one product hazardous, 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 installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Insufficient Warnings and Instructions: This occurs when the product was not defective through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically does not have to warn against obvious dangers. For instance, 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 comprehensive safety protocols for ensuring that their products will not pose a danger to the public. Even so, too often corporations do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Creve Coeur, MO will fight by your side and demand nothing but a complete financial recovery.

Comparative Negligence in Defective Productions Claims in Creve Coeur, MO

An oft-used defense for manufacturers in a dangerous product claim is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce 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 awards you $100,000 but finds you were 30 percent at fault for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are an erroneous attempt a defendant makes to avoid their responsibility to reimburse you for the harm they have caused. Your Creve Coeur, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may argue you bear some or all of the fault if one or several of the following circumstances are present in your case:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. On the other hand, 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 the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid fault but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto collision. 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 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 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 harmed 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 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 mitigate your damages. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. For example, you cannot seek unnecessary medical treatment. 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 the defense can — and will — try to convince the court that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies implement a lot of tricks to try and minimize your claim, but your Creve Coeur, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations are unfair 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 our only fee is a moderate percentage of the compensation you collect, and you owe us nothing until we win your case. Call Burger Law immediately at (314) 500-HURT for legal counsel that rivals and surpasses that of resistant manufacturers and sellers and insurance companies.

Defective Vehicle Parts Lawyer in Creve Coeur, MO

Our defective products lawyer team sees in Creve Coeur, 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, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to wrecks and fires, and fail to protect occupants from harm as intended. Common dangerous automobile parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wires
  • Tires
  • Door latches
  • Accelerators

Alternative vehicles like ATVs 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 Creve Coeur, MO

Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us even more complications when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Creve Coeur, MO has seen cause further complications for patients are:

  • Artificial hips, knees or other joints that can cause infections, instability, pain or frequent dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
  • Surgical robots designed to operate on hard to reach areas which, when defective, can result in punctured organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can puncture organs, result in pain in the pelvic region, abnormal bleeding and unwanted pregnancies

As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the leading factor.

In 2017, the U.S. Health and Human Services Department stated that in the course of 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you damages, your Creve Coeur, 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 unneeded pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unthinkable pain and permanent damage to potentially 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 are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Creve Coeur, MO

The Federal Drug Administration has strict procedures for the testing, labeling, packaging and shipping of prescription drugs. However, the administration does not actually test drugs itself; rather, it relies on data from pharmaceutical companies' own testing to determine if a drug is safe for release to the public. With no absolute third-party testing many medications reach the shelves without an objective analysis of the potential drawbacks compared to the 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 Creve Coeur, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about had your condition worsen because of careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer immediately. 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 justice for the wrongful death of their loved one.

Other common dangerous products we see in Creve Coeur, 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

Creve Coeur, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Creve Coeur, MO knows that being harmed by a dangerous product can completely upend your life. That is why we have devoted our lives to seeing the vulnerable in Creve Coeur and throughout Missouri receive full 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 immediately start working on getting you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical toll your injury has taken on you and your Creve Coeur, 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 Creve Coeur, MO now at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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