Defective Products Lawyer in Festus, MO.

Defective Products Lawyer in Festus, MO. If you or someone you love sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Festus, MO right away at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Picture what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around technology, and/or use your cell phone throughout the day. You may drive go-carts 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 designed, manufactured, shipped and bought. When there is a mistake in the stream of commerce and a product becomes hazardous, it can cause severe injuries to you and your Festus, MO family. If tragedy struck you, you need the expert and committed legal representation of Burger Law's defective products lawyer team to stand in your corner and get you the great compensation you deserve.

In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have gotten our clients in Festus and throughout Missouri in excess of $170 million. Our initial case evaluations 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 Festus, MO now at (314) 500-HURT.

If you were harmed by a dangerous product in Festus, MO, learn how much your claim may be worth by filling out our free personal injury calculator.



The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Festus, MO:

• FDA Recall List and Safety Alerts
• Consumer Products Safety Commission Recall List
• U.S. Department of Transportation Motor Vehicle Recall List
• Recalls.Gov
• 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 Festus, MO?

The Consumer Product Safety Commission states that defective products account for in excess of 29 million injuries and 21,000 deaths every 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 speaks to the unbelievable harm that can be caused when manufacturers and vendors do not follow proper safety measures.

If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Festus, MO for empathetic, committed and talented support and legal advocacy.

How Defective Products Claims Work in Festus, MO

Pursuant to Missouri Revised Statute §537.760, you and your Festus, MO defective products lawyer can file a "strict liability" suit if three factors are met:

1. The defendant was involved in the product's stream of commerce.
2. The product was used in a manner logically anticipated.
3. One or both of the following:
   1. The product had a faulty condition that was unreasonably dangerous when you bought the product that caused you direct harm, and/or
   2. Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to purchase, including the person or entity you bought the product from. 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 may be dismissed from the lawsuit if:

• The manufacturer is known, has not closed their business and is able to reimburse you for the entirety of your injuries.
• The seller signs 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 aspect 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 met, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise to blame for the fault or the manufacturer is unable to pay for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery you deserve.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be fully understood before use by the consumer. This defense will only work for for failure to warn defective products lawsuits, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

The majority of personal injury claims in Festus, MO depend on the idea of negligence. We all have an obligation to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Festus, MO roads. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they may be found accountable for your damages and would owe you compensation.

By contrast, most product liability or hazardous products cases come down to strict liability, meaning that a designer, manufacturer or vendor is to blame 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 Festus, 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:

1. Design Defect: A design defect is an inherent fault in the design that subsequently 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.
2. 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 only make one product defective, 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 incorrectly installing wires or electrical components or a swing set with a cracked chain.
3. Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about innate dangers. 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. The company that makes a product typically does not have to warn against obvious risks. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement comprehensive safety procedures for guaranteeing that their products will not put the people who use it at risk. Even so, too often corporations do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Festus, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Festus, MO

A common defense for manufacturers in a dangerous product 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 are responsible for a portion of the fault and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible 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 get out their duty to pay you for the damage their product did to you. Your Festus, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:

• 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, while chairs are meant for sitting, 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. 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 happening.
• You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly diminish it but can significantly diminish 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 theory 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 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• 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 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 obeyed proper protocols.
• You did not 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 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 manufacturer or vendor can — and will — work hard to persuade a jury that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies employ myriad dishonest ruses to try and lower your claim, but your Festus, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you and try to take advantage of people who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you collect, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law right away at (314) 500-HURT for legal representation that matches and exceeds that of resistant manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Festus, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Festus, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in collisions and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous automobile components we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical systems
• Wheels
• Seats
• Engine cooling fan blades

Alternative vehicles like 4-wheelers can also cause injuries, 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 Festus, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us further injuries when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Festus, MO has seen be defective include:

• Artificial hips, knees or other joints that can lead to infections, instability, pain or recurring dislocations
• Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
• Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can result in perforated organs, infections and internal burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can puncture organs, result in pain in the pelvic region, excessive hemorrhaging and unplanned pregnancies

As the medical industry becomes more high-tech, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the chief factor.

In 2017, the U.S. Health and Human Services Department reported 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 easing it. If a faulty medical device ended up worsening your condition, your Festus, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

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 do not last nearly as long as they were intended to and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was contacted 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 here:

View Complaint

Defective Drug Lawyer in Festus, 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 market. With no absolute third-party testing many drugs reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than the safety of the people they are supposed to be helping. 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 Festus, MO to stand up to these bullying corporations and let them know that their behavior is intolerable.

Four thousand five hundred prescriptions and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or a loved one sustained injuries because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer now. We fight hard to see justice served by winning you compensation and holding negligent corporations liable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other common defective products we file suit for in Festus, MO include:

• Children's toys
• Chemicals such as week killer
• Baby powder
• Household appliances
• Industrial equipment
• Cell phone batteries
• Beauty products

Every Burger Law defective products lawyer in Festus, MO knows that being injured by a hazardous product can completely upend your life. That is why we strive to see the vulnerable in Festus and throughout Missouri receive full 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 costs and lost wages, in addition to the emotional and physical hardships your injury has taken on you and your Festus, 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 Festus, MO now at (314) 500-HURT or contact us online to take the first step toward true healing.