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Defective Products Lawyer in Ferguson, MO.
Defective Products Lawyer in Ferguson, MO. If you or someone you love was harmed by a dangerous product, reach out to a Burger law defective products lawyer in Ferguson, MO today at (314) 500-HURT or fill out our online form for a free consultation.
Picture what your daily like looks like: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work on a bus, 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 days off. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was engineered, produced, packaged and bought. When there is an oversight in the stream of commerce and a product becomes hazardous, it can cause serious harm to you and your Ferguson, MO family. When that happens to you, you need the knowledgeable and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and get you the full financial recovery you are owed.
In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Ferguson and throughout Missouri over $170 million. Talking to us is free, so there's no reason to wait. Call a defective products lawyer in Ferguson, MO right away at (314) 500-HURT.
If you were hurt by a defective product in Ferguson, MO, find out the true value of your case by utilizing our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Ferguson, 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 Ferguson, MO?
The Consumer Product Safety Commission has found that hazardous products account for more than 29 million injuries and 21,000 deaths each year.
Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the incredible 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 Ferguson, MO for understanding, devoted and skilled support and legal advocacy.
What is the Process for Defective Products Claims in Ferguson, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Ferguson, MO defective products lawyer can can hold a person or company to blame for your damages if three factors are met:
- The defendant was part of the product's chain of distribution.
- You used the product in a manner reasonably anticipated.
- Either or both of the following conditions:
- 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
- You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.
The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to sale, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it may be dismissed from the lawsuit if:
- You discover who the manufacturer is, it has not closed their business and is financially capable of paying you for all of your injuries.
- The seller makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
- There is no evidence is brought in front of the court that the vendor was involved in any other part of the chain of distribution.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If those conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise to blame for the hazardous 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 you get the great financial recovery you are owed.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only valid for inadequate warning product liability cases, 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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Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury suits in Ferguson, MO are decided by the idea of negligence. We all owe each other a duty of care in certain situations; for example, Ferguson, MO dog owners must always have control of their dog. When someone fails in that responsibility, for instance if if you are misdiagnosed because of substandard medical attention they may be found accountable for your damages and would owe you a financial recovery.
By contrast, most product liability or dangerous products cases are determined by strict liability, meaning that anyone in the chain of distribution is to blame for any damage 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 Ferguson, 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 fault in the design that afterwards passes the fault to all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable.
- 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 tainted batch of something intended for drinking containing a poisonous substance.
- Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This occurs when the product was not hazardous 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer generally does not have to warn against obvious dangers. For example, 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 exhaustive safety protocols for ensuring the safety of their products. Even so, too often corporations are negligent and concentrate more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Ferguson, MO will hold them responsible by conducting a full investigation of your case and demanding nothing but maximum compensation.
Comparative Negligence in Defective Productions Claims in Ferguson, MO
A common defense for manufacturers in a product liability claim is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the defendants to posit that you share a portion of the fault and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent liable for your injuries, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a defendant makes to get out their obligation to reimburse you for the harm they have caused. Your Ferguson, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. According 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, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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 liability but can significantly lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto wreck. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
- You knew of inherent hazards of the product while you were using it. 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, if the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
- 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 injured doing such a thing.
- You failed to follow safety guidelines. 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 adhered to proper protocols.
- You failed to mitigate your damages. In any personal injury claim, you are expected to try to lessen the amount of compensation 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 the defense can — and will — try to convince the court that comparative fault applies to your claim, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies use a variety of dishonest ruses to try and lower your claim, but your Ferguson, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the compensation you collect, and you owe us nothing until we win your case. Call Burger Law right away at (314) 500-HURT for legal advocacy that matches and surpasses that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Ferguson, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Ferguson, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause accident and fires, and lead to further injuries when the safety components to not work as they should. Common defective automobile parts we see are:
- Windshield wipers
- Steering systems
- Headlights and taillights
Offroad vehicles like ATVs can also cause damage, 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 Ferguson, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Ferguson, MO has seen cause further injuries to patients are:
- Artificial joints that can lead to infections, limited mobility, pain or repeated dislocations
- Pacemakers, which can result in infections or even wrongful death when they do not last as long as expected
- Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can result in pierced organs, infections and internal burns
- Blood clot filters that permit dislodged blood clots to invade the lungs
- Permanent birth control devices that can pierce organs, cause pelvic pain, abnormal hemorrhaging and unplanned pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the number one cause.
In 2017, the U.S. Health and Human Services Department found that in the course of 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 flawed heart devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of improving our lives. If a faulty medical device caused you damages, your Ferguson, 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.
In February of 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 designed to and have caused incredible pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. 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 view our original complaint by clicking the button below:
Defective Drug Lawyer in Ferguson, 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 independent testing many drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies value their bottom line 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 Ferguson, MO to stand up to these bullying corporations and let them know 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 family member sustained injuries because of careless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by winning you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers accountable when their selfishness has taken someone from their family too soon.
Other examples of defective products we collect compensation for our clients for in Ferguson, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
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Ferguson, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Ferguson, MO knows that being hurt by a dangerous product can completely disrupt your life. That is why we strive to see the injured in Ferguson and throughout Missouri get 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 do not hesitate to start working on securing you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Ferguson, MO family. We will stand by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Ferguson, MO right away at (314) 500-HURT or contact us online to take the first step toward true healing.