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Defective Products Lawyer in Gasconade County, MO.
Defective Products Lawyer in Gasconade County, 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 Gasconade County, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.
Picture your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around technology, and/or use your android throughout the day. You may use lawnmowers on your free days. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of product that had to be engineered, produced, shipped and purchased. When there is a breakdown in the stream of commerce and a product becomes dangerous, it can have a catastrophic effect on on your life and lives of those you love in Gasconade County, MO. When that happens to you, you need the knowledgeable and devoted legal representation of Burger Law's defective products lawyer team to stand in your corner and secure you the great financial recovery you are owed.
In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have won our clients in Gasconade County and beyond over $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Gasconade County, MO today at (314) 500-HURT.
If you were hurt by a defective product in Gasconade County, MO, learn the true value of your case by using our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Gasconade County, 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 Gasconade County, MO?
The Consumer Product Safety Commission states that faulty products account for in excess of 29 million injuries and 21,000 fatalities each year.
According to 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 harm an unsafe product can cause.
If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Gasconade County, MO for passionate, committed and skilled support and legal representation.
What is the Process for Defective Products Claims in Gasconade County, MO?
According to Missouri Revised Statute §537.760, you and your Gasconade County, MO defective products lawyer can file a "strict liability" suit if three factors are true:
- The person was part of the product's design, manufacture, distribution and sale.
- The product was used in a manner 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 distributor's that caused you direct harm, 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 "chain of distribution" refers to anyone involved in the product from initial conception to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:
- The manufacturer is known, still exists and can afford to reimburse you for the entirety of your damages.
- The distributor signs 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 took part in any other part of the chain of distribution.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the aforementioned conditions are satisfied, the vendor 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 design and manufacture of the product than they intimated, were otherwise at fault for the dangerous condition or the manufacturer is unable to compensate you for the entirety of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation that they owe you.
Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense is only valid for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.
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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 Gasconade County, MO depend on the notion of negligence. We all have an obligation to each other's safety in certain situations; for example, Gasconade County, MO dog owners must always have control of their dog. When someone is negligent, for instance if are injured by a fatigued truck driver they may be found accountable for your damages and would owe you compensation.
By contrast, most product liability or dangerous products cases are determined by strict liability, meaning that a designer, manufacturer or vendor is to blame for any damage that results 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 Gasconade County, 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 flaw in the design that afterwards affects all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
- 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 a swing set with a cracked chain.
- 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 danger that could arise 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. A manufacturer generally 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 incentivize corporations to implement comprehensive safety protocols for guaranteeing the safety of their products. However, too often companies do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Gasconade County, 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 Gasconade County, MO
Manufacturers, vendors and anyone else in the chain of distribution will often rely on the theory of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to posit that you are liable for a portion of your injuries and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent liable for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a manufacturer makes to eschew their obligation to pay you for the harm they have caused. Your Gasconade County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. 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 way 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, 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. 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 use of the product.
- You used the product in a manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to totally avoid fault but can significantly reduce 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 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 principle in tort claims wherein, 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 neglected to 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 injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries are your fault because you had not followed recommended safety measures.
- You failed to mitigate your damages. In any personal injury claim, you are ethically bound 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 you have no right to ask them for money they do not owe you.
Just because the defense 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. Powerful corporations and insurance companies implement a lot of tricks to try and lower your claim, but your Gasconade County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies 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 takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until we win your case. Call Burger Law today at (314) 500-HURT for legal representation that parallels and exceeds that of resistant manufacturers and sellers and insurance companies.
Defective Vehicle Parts Lawyer in Gasconade County, MO
Our defective products lawyer team sees in Gasconade County, MO sees more defective vehicles than any other product, both because of how many people use them 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 lead to collisions and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous automobile components we see are:
- Windshield wipers
- Steering systems
Offroad vehicles like ATVs can also cause harm, for instance many of them are prone to flipping 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 Gasconade County, MO
Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and cause us even more injuries when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Gasconade County, MO has seen be defective include:
- Artificial joints that can cause infections, instability, chronic soreness or frequent 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 cause perforated organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control implements that can pierce organs, cause pelvic pain, abnormal blood loss and unwanted pregnancies
As the medical industry becomes more high-tech, medical device recalls have gone up exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the number one factor.
In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a flawed medical device ended up worsening your condition, your Gasconade County, 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.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused incredible pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 continue to take on Exactech Knee Replacement cases. You can read our original complaint by clicking the button below:
Defective Drug Lawyer in Gasconade County, MO
The Federal Drug Administration has stringent 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 shelves. With no absolute third-party testing 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 Gasconade County, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.
Hundreds of thousands of prescriptions 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 love sustained injuries because of reckless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer immediately. We fight hard to see justice served 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 examples of defective products we file suit for in Gasconade County, 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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Gasconade County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Gasconade County, MO knows that being injured by a dangerous product can completely upend your life. That is why we strive to see the vulnerable in Gasconade County and throughout Missouri be compensated 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 immediately start working on getting you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical toll your injury has taken on you and your Gasconade County, 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 Gasconade County, MO right away at (314) 500-HURT or contact us online to take the first step toward a true recovery.