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Defective Products Lawyer in Florissant, MO.

Defective Products Lawyer in Florissant, MO. If you or someone you care about was injured by a dangerous product, get in touch with a Burger law defective products lawyer in Florissant, MO right away at (314) 500-HURT or fill out our online form for a complimentary consultation.

Imagine 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 car, sit by a computer or work around heavy equipment, and/or use your android throughout the day. You may go 4-wheeling on your free days. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of technology that had to be designed, produced, packaged and purchased. When there is a breakdown in the chain of distribution and a product becomes hazardous, it can cause severe harm to you and your Florissant, MO family. 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 win you the best possible compensation you deserve.

In our In our three decades of experience standing up for fairness and justice, we have secured our clients in Florissant and throughout Missouri over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Florissant, MO immediately at (314) 500-HURT.

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



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

Florissant, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that dangerous products are responsible for in excess of 29 million injuries and 21,000 fatalities every year.

Based on 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 unbelievable devastation that can be caused when manufacturers and vendors do not follow the rules.

If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Florissant, MO for passionate, devoted and experienced support and legal representation.

What is the Process for Defective Products Claims in Florissant, MO?

According to Missouri Revised Statute §537.760, you and your Florissant, MO defective products lawyer can can hold a person or corporation at fault for your injuries if three conditions are true:

  1. The person was part of the product's chain of distribution.
  2. You used the product in a way easily anticipated.
  3. One or both of the following:
    1. The product was in a defective condition that was unreasonably dangerous when you bought the product and your injuries are a direct result of that defect, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including a distributor or vendor. According to Missouri Revised Statute §5537.762, someone 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 still exists and is financially capable of compensating you for the entirety of your injuries.
  • The seller makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • There is no evidence is submitted to the court that the seller was involved in any other aspect of the design and manufacturing process.
  • The dismissal is requested to the judge within 60 days.

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 shows that they had a larger role in the design and manufacture of the product than they led on, were otherwise to blame for the dangerous condition or the manufacturer is unable to reimburse you for the entirety of the economic, physical and emotional loss you sustained, 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 mentions a caveat for "state of the art products," where a dangerous condition could not be fully understood before use by the consumer. This defense is only applicable to for inadequate warning defective products cases, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

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

The majority of personal injury lawsuits in Florissant, MO are won or lost based on the concept of negligence. We all owe each other a duty of care 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 fails in that duty, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they can be held accountable for your damages and would owe you compensation.

By contrast, most product liability or hazardous products cases are strict liability claims, meaning that anyone in the chain of distribution is to blame 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 Florissant, 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 flaw to all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
  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, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be bugs or other contaminants found in beverages or not properly fastening components to each other.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: This occurs when the product was not hazardous through design or manufacture, but instead 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product 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 meant to hold corporations accountable and persuade them to implement exhaustive safety protocols for verifying that their products will not pose a danger to the public. Even so, too often companies do not respect their obligation to make safe products and spend more energy on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Florissant, MO will fight on your behalf and insist on nothing but a full financial recovery.

Comparative Negligence in Defective Productions Claims in Florissant, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the concept of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to put forth the defense that you are responsible for a portion of the fault and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent to blame for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt a defendant makes to get out their responsibility to reimburse you for the damage their product did to you. Your Florissant, 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 distributor is only has to make a product safe for ways that they can expect a consumer 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 manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can considerably reduce it. Suppose 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 theory in tort claims whereby, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
  • 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 follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce 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 obeyed recommended safety measures.
  • You did not mitigate your damages. In any personal injury claim, you are expected 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 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 — assert that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies use myriad dishonest ruses to try and lower your claim, but your Florissant, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair and try to take advantage of people who have never had to file a lawsuit before. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you get, and we do not collect any attorney's fees until we win your case. Call Burger Law right away at (314) 500-HURT for legal representation that parallels and surpasses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Florissant, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Florissant, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in accident and fires, and fail to protect occupants from harm as intended. Common dangerous automobile parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Door latches
  • Accelerators

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 Florissant, MO

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

  • Artificial hips, knees or other joints that can result in infections, instability, pain or recurring dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on hard to reach areas which, when faulty, can result in punctured 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 perforate organs, lead to pain in the pelvic region, excessive blood loss and unwanted pregnancies

As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the leading cause.

In 2017, the U.S. Health and Human Services Department announced that throughout a decade Medicare paid out at least $1.5 billion to replace more than 73,000 faulty cardiovascular devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a faulty medical device caused you damages, your Florissant, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. 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 unthinkable pain and lifelong damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was retained by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Florissant, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must adhere to from manufacturing to sale. 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 medications reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations care more about the money they make more than the safety of the people who need medicine and treatments that are truly effective. 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 Florissant, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Four thousand five hundred prescriptions and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one sustained injuries because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by securing you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from their family too soon.

Other examples of defective products we file suit for in Florissant, MO include:

  • Children's toys
  • Chemicals such as cleaning products
  • Baby powder
  • Household appliances
  • Industrial machinery
  • Cell phone batteries
  • Beauty products

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Florissant, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Florissant, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your life. That is why we endeavor to see the vulnerable in Florissant and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on getting you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Florissant, 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 Florissant, MO immediately at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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