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Defective Products Lawyer in De Soto, MO.
Defective Products Lawyer in De Soto, MO. If you or a loved one was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in De Soto, MO right away at (314) 500-HURT or fill out our online form for a complimentary case evaluation.
Imagine 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 in your car, sit at in a chair or work around heavy equipment, 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 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 disastrous impact on De Soto, MO individuals and families. If tragedy struck you, you need the expert and devoted legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the maximum compensation you deserve.
In our 70 years of combined negotiation, litigation and trial experience, we have delivered our clients in De Soto and beyond over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in De Soto, MO today at (314) 500-HURT.
If you were harmed by a faulty product in De Soto, MO, discover the true value of your case by utilizing our free 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 De Soto, 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 De Soto, MO?
The Consumer Product Safety Commission estimates that defective products cause over 29 million injuries and 21,000 deaths every year.
According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable devastation an unsafe product can cause.
If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in De Soto, MO for compassionate, committed and expert support and legal advocacy.
What is the Process for Defective Products Claims in De Soto, MO?
According to Missouri Revised Statute §537.760, you and your De Soto, MO defective products lawyer can file a "strict liability" suit if three conditions are met:
- The company was part of the product's design, manufacture, distribution and sale.
- The product was used in a way logically anticipated.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or vendor's and your injuries are a direct result of that defect, 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 involved in the product from initial design to sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can avoid liability if:
- You discover who the manufacturer is, it has not closed their business and is able to pay for all of your injuries.
- The distributor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- No other party in the case comes forward with evidence that the seller took part in any other part of the design and manufacturing process.
- The dismissal is requested to the judge no later than 60 days after the complaint is filed.
If those conditions are fulfilled, 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 engineering of the product than they implied, were otherwise to blame for the dangerous condition or the manufacturer cannot pay for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable party is held accountable.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be fully understood before use by the consumer. This defense will only work for for failure to warn product liability lawsuits, and the burden of proof is on the defense.
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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
Most personal injury cases in De Soto, MO depend on the idea of negligence. We all have an obligation 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 instance if if you are misdiagnosed because of substandard medical attention they might be held responsible for your damages and would owe you compensation.
However, most product liability or dangerous products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is to blame 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 De Soto, 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 defect in the design that subsequently 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: 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 installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance.
- Insufficient Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about inherent dangers. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product generally 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 hold corporations accountable and persuade them to implement exhaustive safety protocols for guaranteeing that their products will not pose a danger to the public. Even so, too often companies do not value our safety and try to focus more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in De Soto, MO will fight by your side and insist on nothing but the best possible financial recovery.
Comparative Negligence in Defective Productions Claims in De Soto, MO
A common defense for manufacturers in a defective products lawsuit is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to put forth the argument that you share a portion of your damages and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent liable for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the stream of commerce makes to eschew their obligation to pay you for the harm they have caused. Your De Soto, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative fault if the following situations apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect the public to use it. 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. 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 be expected to foresee that happening.
- 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. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle accident. 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 wherein, if the injured party was aware of risks, 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 make custom modification to your car's engine despite not being a mechanic. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You failed to take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you obeyed proper protocols.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. For example, you cannot refuse to return to work when you are healthy enough to do so. The defense may say you have no right to ask them for money they do not owe you.
Just because the manufacturer or vendor 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. Bullying corporations and insurance companies employ myriad dishonest ruses to try and minimize your claim, but your De Soto, 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 have never had to file a lawsuit before. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you receive, and you do not pay us anything until we win your case. Get in touch with Burger Law today at (314) 500-HURT for legal advocacy that parallels and surpasses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in De Soto, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in De Soto, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to crashes and fires, and fail to protect occupants from harm as intended. Common faulty motor vehicle parts we see are:
- Fuel systems
- Windshield wipers
Alternative vehicles like 4-wheelers can also cause harm, 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 De Soto, MO
We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more injuries when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in De Soto, MO has seen cause further injuries to patients include:
- Artificial hips, knees or other joints that can cause infections, instability, pain or recurring dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
- Surgical robots designed to operate on hard to reach areas which, when they malfunction, can cause 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, result in pelvic pain, excessive bleeding and unintended pregnancies
As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, mostly owing to problems with software.
In 2017, the U.S. Health and Human Services Department reported that in the course of 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of helping us. If a defective medical device caused you damages, your De Soto, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.
In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint by clicking the link below:
Defective Drug Lawyer in De Soto, MO
The Federal Drug Administration has strict protocols 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. That means that many drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies put profit over 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 De Soto, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable.
Hundreds of thousands of medications 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 a loved one had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by securing you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from this world too soon.
Other common dangerous products we collect compensation for our clients for in De Soto, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Call Burger Law Now
De Soto, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in De Soto, MO knows that being harmed by a hazardous product can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in De Soto and throughout Missouri collect the best possible compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on securing you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical toll your injury has taken on you and your De Soto, 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 De Soto, MO right away at (314) 500-HURT or contact us online to take the first step toward being made whole again.