have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Fulton, MO.
Defective Products Lawyer in Fulton, MO. If you or a loved one sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Fulton, MO today at (314) 500-HURT or fill out our online form for a free case review.
Imagine what you do every day: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your car, sit by a computer or work around technology, and/or use your android on and off throughout the day. You may use lawnmowers on your free days. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was engineered, produced, shipped and sold. When there is an oversight in the stream of commerce and a product becomes defective, it can cause severe harm to you and your Fulton, MO family. When that happens to you, you need the knowledgeable and dedicated legal representation of Burger Law's defective products lawyer team to fight on your behalf and deliver you the great financial recovery you deserve.
In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have won our clients in Fulton and beyond over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Fulton, MO immediately at (314) 500-HURT.
If you were harmed by a dangerous product in Fulton, MO, see how much your claim may be worth by utilizing our complimentary personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Fulton, 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 Fulton, MO?
The Consumer Product Safety Commission states that hazardous products result in over 29 million injuries and 21,000 fatalities every year.
Based on statistics 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 extreme destruction an unsafe product can cause.
If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Fulton, MO for passionate, committed and experienced support and legal counsel.
What is the Process for Defective Products Claims in Fulton, MO?
Pursuant to Missouri Revised Statute §537.760, you and your Fulton, MO defective products lawyer can file a "strict liability" suit if three factors are true:
- The corporation was part of the product's design, manufacture, distribution and sale.
- The product was used in a manner reasonably foreseen.
- One or both of the following:
- The product had a faulty condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
- Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.
The "chain of distribution" refers to anyone involved in the product from initial design to purchase, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may be dismissed from the suit if:
- The manufacturer is known, has not closed their business and is able to compensate you for all of your injuries.
- The distributor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- There is no evidence is brought in front of the court that the vendor was involved in any other part of the stream of commerce.
- 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, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise at fault for the defect or the manufacturer is unable to compensate you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault 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 went to market. This defense is only applicable to for failure to warn defective products lawsuits, and the burden of proof is on the defense.
Have You Been Injured from a Dangerous Product?
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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 lawsuits in Fulton, MO are decided by the conception of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, doctors must treat their Fulton, MO patients with a standard of care. When someone fails in that responsibility, for example if sustain an injury because you were hit by a distracted driver they may be found responsible for your damages and would owe you compensation.
However, most product liability or hazardous products cases are strict liability claims, meaning that a designer, manufacturer or vendor 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 Fulton, 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 inherent defect in the design that afterwards passes the fault to all products with the same design. 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, 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 bugs or other contaminants found in beverages or using the wrong kind of screws or bolts.
- Inadequate Warnings and Instructions: This occurs when the product was not dangerous 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 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 generally does not have to warn against risks that a reasonable person would foresee. 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 comprehensive safety procedures for verifying the safety of their products. Even so, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Fulton, MO will fight on your behalf and insist on nothing but the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in Fulton, MO
Manufacturers, distributors and anyone else in the stream of commerce will often rely on the theory of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the defendants to posit that you are liable 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 to blame for the accident, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt an entity involved in the chain of distribution makes to get out their responsibility to pay you for the damage their product did to you. Your Fulton, 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 apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor 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 put wheels on a chair and are injured racing it down the street, you likely do not have a claim because the manufacture would not be expected to foresee that use of the product.
- You used the product in a way 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 diminish it but can considerably lower it. Say you crash a car while driving 40 miles per hour over the speed limit and the brakes do not work as well as they should. The manufacturer could reasonably foresee 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 referred to as "Assumption of the risk," a principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, 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 make custom modification to your car's engine despite not being a mechanic. 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 labeling can often protect someone in the stream of commerce from liability. If you were using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not followed proper protocols.
- You failed to 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 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 comparative negligence applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies implement myriad deceitful tactics to try and lower your claim, but your Fulton, 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 have never had to file a lawsuit before. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you get, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law now at (314) 500-HURT for legal advocacy that rivals and surpasses that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Fulton, MO
Our defective products lawyer team sees in Fulton, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous motor vehicle components we see are:
- Fuel systems
- Windshield wipers
- Door latches
Offroad vehicles like ATVs 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 Fulton, MO
Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Fulton, MO has seen be defective include:
- Artificial joints that can result in infections, instability, chronic soreness or recurring dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
- Surgical robots intended to operate on hard to reach areas which, when defective, can lead to 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 perforate organs, result in pain in the pelvic region, excessive bleeding 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 increased 126 percent, with software issues being the foremost factor.
In 2017, the U.S. Health and Human Services Department reported that over 10 years Medicare paid out at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of easing it. If a defective medical device caused you damages, your Fulton, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.
Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to degrade sooner than anticipated and have caused unimaginable pain and permanent damage to possibly as many as 150,000 people who had received the replacement joint. When Burger Law was retained by a client, we immediately got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client by clicking the button below:
Defective Drug Lawyer in Fulton, MO
The Federal Drug Administration has firm protocols that pharmaceutical companies must follow from manufacturing to delivery. 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 prescriptions reach the market 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, 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 Fulton, MO to stand up to these bullying corporations and let them know that their behavior is unacceptable.
Four thousand five hundred medications and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you care about had your condition worsen because of irresponsible pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer now. 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 held opioid manufacturers accountable when their negligence has taken someone from this world too soon.
Other examples of dangerous products we collect compensation for our clients for in Fulton, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
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Fulton, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Fulton, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in Fulton and throughout Missouri collect 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 wining you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has taken on you and your Fulton, 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 Fulton, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.