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Defective Products Lawyer in Greene County, MO.
Defective Products Lawyer in Greene County, MO. If you or a loved one was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Greene County, MO right away at (314) 500-HURT or fill out our online form for a free case review.
Picture your daily routine: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, 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 use lawnmowers on the weekend. 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 at one point was engineered, manufactured, shipped and bought. When there is a mistake in the chain of distribution and a product becomes hazardous, it can have a ruinous impact on Greene County, MO individuals and families. If tragedy struck you, you need the knowledgeable and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and deliver you the maximum compensation you deserve.
In our 30 years of negotiation, litigation and trial experience, we have secured our clients in Greene County and throughout Missouri over $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Greene County, MO now at (314) 500-HURT.
If you were harmed by a defective product in Greene County, MO, find out the true value of your case by filling out our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Greene 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?
Greene County, MO Defective Products Statistics
The Consumer Product Safety Commission states that dangerous products account for more than 29 million injuries and 21,000 deaths annually.
Based on data 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 shows the extreme destruction that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.
If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in Greene County, MO for compassionate, dedicated and expert support and legal representation.
How Defective Products Claims Work in Greene County, MO
According to Missouri Revised Statute §537.760, you and your Greene County, MO defective products lawyer can can hold a person or corporation liable for your injuries if three factors are met:
- The corporation was part of the product's design, manufacture, distribution and sale.
- You used the product in a way easily anticipated.
- One or both of the following:
- The product had a faulty condition that was unreasonably hazardous when you bought the product that caused you direct harm, 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 "stream of commerce" 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. Under Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it may be dismissed from the case if:
- The manufacturer is known, has not closed their business and is financially capable of paying you for all of your damages.
- The entity that sold it signs an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
- No other party in the case puts forward evidence that the seller took part in any other part of the chain of distribution.
- The dismissal is requested to the court within 60 days.
If the aforementioned conditions are met, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they had a larger role in the engineering of the product than they led on, were otherwise liable for the hazardous condition or the manufacturer cannot reimburse you 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 compensation that they owe you.
Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense is only valid for failure to warn defective products lawsuits, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.
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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The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury suits in Greene County, MO are won or lost based on the notion of negligence. We all have an responsibility to each other's safety in certain situations; for example, doctors must treat their Greene County, MO patients with a standard of care. When someone is negligent, for example if sustain an injury because you were hit by a distracted driver they might be found liable for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or dangerous products claims are strict liability claims, 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 Greene 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 — at the moment that it got into your hands.
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 flaw in the design that subsequently affects all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous 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 leaving sharp edges on plastic or other materials.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused injury because it did not give proper instructions or warnings about inherent risks. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer generally does not have to warn against obvious risks. For instance, they do not have to warn you that a match could start a fire.
Strict liability is intended to hold corporations accountable and persuade them to implement thorough safety procedures for verifying that their products will not put the people who use it at risk. However, too often corporations are negligent and spend more energy on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Greene County, MO will hold them accountable by conducting a full investigation of your case and insisting on only maximum compensation.
Comparative Negligence in Defective Productions Claims in Greene County, MO
An oft-used defense for manufacturers in a defective products lawsuit is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to put forth the defense that you are responsible for a portion of your damages and, therefore, they do not have to pay you your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt a manufacturer makes to get out their responsibility to pay you for the harm they have caused. Your Greene County, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative fault if the following situations apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller 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. 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 reasonably foresee that happening.
- You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid fault but can considerably diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle crash. 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 theory in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
- You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. 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 are your fault because you had not obeyed recommended precautions.
- You failed to mitigate your damages. In any personal injury claim, you have a duty to try to keep your damages as low as you reasonable can. For example, you cannot seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.
Just because the manufacturer or distributor can — and will — try to convince the court 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 use numerous dishonest ruses to try and devalue your claim, but your Greene County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who have never had to file a lawsuit before. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you collect, and you owe us nothing until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal counsel that rivals and exceeds that of resistant corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Greene County, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Greene County, 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 accident and fires, and lead to further injuries when the safety components to not function as they should. Common faulty automobile components we see are:
- Fuel systems
- Windshield wipers
- Door latches
Alternative vehicles like 4-wheelers 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 Greene County, MO
Medical devices are meant to improve the lives of the people who need them. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Greene County, MO has seen be defective are:
- Artificial joints that can cause infections, limited mobility, chronic soreness or recurring dislocations
- Cardiovascular devises, 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 lead to perforated organs, infections and electrical 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 pelvic pain, abnormal hemorrhaging and unintended pregnancies
As the medical industry keeps coming up with more and more advanced technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the number one cause.
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 more than 73,000 defective heart devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a flawed medical device caused you injuries, your Greene County, 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. Their knee replacements were improperly packaged and shipped, causing them to deteriorate sooner than anticipated and have caused unthinkable pain and permanent damage to potentially as many as 150,000 people who had the replacement joint implanted. 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 view our original complaint by clicking the button below:
Defective Drug Lawyer in Greene County, MO
The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey from manufacturing to sale. 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 independent testing many prescriptions reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit 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 Greene County, 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 taken off the national market annually, 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 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 successfully won claims for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.
Other examples of defective products we file suit for in Greene County, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
Call Burger Law Now
Greene County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Greene County, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Greene County 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 do not hesitate to start working on getting you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical hardships your injury has taken on you and your Greene County, 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 Greene County, MO today at (314) 500-HURT or contact us online to take the first step toward being made whole again.