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Defective Products Lawyer in Hazelwood, MO.

Defective Products Lawyer in Hazelwood, MO. If you or a family member was injured by a dangerous product, reach out to a Burger law defective products lawyer in Hazelwood, MO now at (314) 500-HURT or fill out our online form for a complimentary consultation.

Think of what your daily like looks like: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around machines, and/or use your android on and off throughout the day. You may go boating on the weekend. You may even have a prosthetic limb or other medical device. It seems we're always using or surrounded by some sort of technology that had to be designed, produced, shipped and bought. When there is a breakdown in the chain of distribution and a product becomes hazardous, it can cause serious injuries to you and your Hazelwood, MO family. When that happens to you, you need the experienced and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and secure you the best possible compensation you are owed.

In our three decades of negotiation, litigation and trial experience, we have secured our clients in Hazelwood and beyond in excess of $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Hazelwood, MO immediately at (314) 500-HURT.

If you were injured by a defective product in Hazelwood, MO, find out the true value of your case by filling out our free personal injury calculator.



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Phone: (314) 500-HURT

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

Hazelwood, MO Defective Products Statistics

The Consumer Product Safety Commission states that faulty products cause more than 29 million injuries and 21,000 fatalities every year.

According to statistics 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 extreme harm that can be caused when manufacturers and distributors do not adhere to proper safety measures.

If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in Hazelwood, MO for compassionate, devoted and talented support and legal advocacy.

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

Pursuant to Missouri Revised Statute §537.760, you and your Hazelwood, MO defective products lawyer can can hold a person or corporation responsible for your damages if three factors are met:

  1. The defendant was part of the product's stream of commerce.
  2. The product was used in a way reasonably anticipated.
  3. One or both of the following:
    1. The product was in a faulty condition that was unreasonably dangerous when it left the manufacturer's or distributor's that was the proximate cause of your injuries, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "chain of distribution" refers to anyone involved in the product from initial design to purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product may be dismissed from the suit if:

  • The manufacturer is known, still does business and can afford to pay for all of your damages.
  • The entity that sold it makes an affidavit under oath that their only involvement in the stream of commerce was selling it.
  • There is no evidence is brought in front of the court that the seller was involved in any other facet of the chain of distribution.
  • The motion to dismiss is filed within 60 days.

If those conditions are met, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise at fault for the hazardous condition or the manufacturer cannot reimburse you for all of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great compensation you deserve.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense is only valid for failure to warn defective products claims, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.

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

Most personal injury claims in Hazelwood, MO are determined by the notion of negligence. We all have a civil duty to not recklessly cause harm to other people 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 is negligent, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found responsible for your damages and would have to pay you a financial recovery.

By contrast, most product liability or defective products claims come down to strict liability, meaning that anyone in the chain of distribution is liable for any injuries that stems from the reasonable use of a product, 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 Hazelwood, 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:

  1. Design Defect: A design defect is an inherent defect in the design that subsequently affects all of that product model that go on to be manufactured. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure in the manufacturing process. This can either only make one product faulty, 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Inadequate Warnings and Instructions: This occurs when the product was not defective through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise from normal use of the product. 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. The company that makes a product generally does not have to warn against obvious dangers. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to incentivize corporations to implement comprehensive safety procedures for guaranteeing the safety of their products. Even so, too often corporations are negligent and spend more energy on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Hazelwood, MO will fight by your side and insist on nothing but the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Hazelwood, MO

An oft-used defense for manufacturers in a dangerous product case is that you are at fault 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 your damages and, therefore, they are not required to compensate 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 at fault for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt an entity involved in the stream of commerce makes to avoid their responsibility to reimburse you for the harm they have caused. Your Hazelwood, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may argue 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 distributor is only has to make a product safe for ways that they can expect the public 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 use of the product.
  • 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 considerably diminish it but can significantly decrease it. Suppose 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 a plaintiff knowingly enters into a dangerous activity, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously injured doing such a thing.
  • You failed to take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 adhered to recommended safety measures.
  • You did not 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 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 manufacturer or distributor can — and will — argue that comparative negligence applies to your lawsuit, that does not mean they will be successful. Bullying corporations and insurance companies implement myriad dishonest ruses to try and lower your claim, but your Hazelwood, MO defective products lawyer at Burger Law knows how to effectively counterattack. 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 we get paid a moderate percentage of the financial recovery you collect, and you do not pay us anything until we win your case. Get in touch with Burger Law right away at (314) 500-HURT for legal counsel that rivals and surpasses that of resistant manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Hazelwood, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Hazelwood, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause crashes and fires, and fail to protect occupants from harm as intended. Common defective motor vehicle components we see are:

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

Alternative 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 Hazelwood, MO

Medical devices are meant 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. Examples of medical devices that your Burger Law defective products lawyer in Hazelwood, MO has seen be defective are:

  • Artificial hips, knees or other joints that can lead to 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 they do not work properly, can lead to pierced organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to slip into the lungs
  • Permanent birth control devices that can perforate organs, lead to pelvic pain, abnormal blood loss and unplanned pregnancies

As the medical industry keeps coming up with more and more advanced technologies, the amount of recalls issued for medical devices has gone up exponentially. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the leading factor.

In 2017, the U.S. Health and Human Services Department found that throughout a decade Medicare had to spend at least $1.5 billion to replace over 73,000 faulty 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 defective medical device caused you injuries, your Hazelwood, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to degrade sooner than anticipated and have caused incredible pain and permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Hazelwood, 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 prescriptions reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line 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 Hazelwood, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

Hundreds of thousands of medications and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or someone you love had your condition worsen because of irresponsible pharmaceutical companies and corporations, reach out to 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 they have caused. 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 common dangerous products we see in Hazelwood, MO include:

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

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Hazelwood, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Hazelwood, MO knows that being injured by a faulty product can completely disrupt your life. That is why we endeavor to see the vulnerable in Hazelwood 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 do not hesitate to start working on getting you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your Hazelwood, 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 Hazelwood, MO right away at (314) 500-HURT or contact us online to start on your journey to being made whole again.

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