Defective Products Lawyer in Hazelwood, MO.
Defective Products Lawyer in Hazelwood, MO. If you or a loved one was injured by a dangerous product, get in touch with a Burger law defective products lawyer in Hazelwood, MO today at or fill out our online form for a complimentary consultation.
Picture 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 in your vehicle, sit by a computer or work around heavy equipment, and/or use your iPhone at various times during the day. You may drive go-carts on your free days. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was engineered, manufactured, packaged and bought. When there is a breakdown in the stream of commerce and a product becomes hazardous, it can cause severe injuries to you and your Hazelwood, MO family. If tragedy struck you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and win you the great compensation you are owed.
In our 30 years of negotiation, litigation and trial experience, we have won our clients in Hazelwood and beyond more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Hazelwood, MO immediately at .
If you were harmed by a dangerous product in Hazelwood, MO, see how much your claim may be worth by filling out our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Hazelwood, 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?
Hazelwood, MO Defective Products Statistics
The Consumer Product Safety Commission has found that dangerous products are responsible 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 incredible destruction that can be caused when manufacturers and vendors do not adhere to the rules.
If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Hazelwood, MO for understanding, dedicated and experienced support and legal counsel.
What is the Process for Defective Products Claims in Hazelwood, MO?
- The person was involved in the product's stream of commerce.
- The product was used in a way rationally expected.
- Either or both of the following conditions:
- The product had a faulty condition that was unreasonably hazardous when it left the manufacturer's or seller'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 "stream of commerce" refers to anyone involved in the product from initial design to sale, including a distributor or vendor. According to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may avoid liability if:
- The manufacturer is known, still does business and can afford to compensate you for the entirety of your damages.
- 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 presented to the court that the vendor was involved in any other facet of the design and manufacturing process.
- The dismissal is requested to the judge no later than 60 days after the complaint is filed.
If those conditions are met, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise responsible for the defect or the manufacturer cannot reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation you deserve.
Missouri Revised Statute §537.764 mentions a caveat 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 product liability lawsuits, and the burden of proof is on the defense.
Negligence vs. Strict Liability in Defective Products Cases
Most personal injury suits in Hazelwood, MO are determined by the conception of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Hazelwood, MO patients with a standard of care. When someone fails in that duty, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable 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 came into your possession.
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 subsequently 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.
- 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 dangerous, 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 incorrectly installing wires or electrical components or not properly fastening components to each other.
- Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about innate risks. 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 typically does not have to warn against obvious dangers. For example, 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 comprehensive safety procedures for guaranteeing 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 injure anyone. In those cases, your Burger Law defective products lawyer in Hazelwood, MO will fight on your behalf and demand 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 portion of your damages. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to posit that you are liable for a portion of your damages and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent liable for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a manufacturer makes to get out their responsibility to reimburse you for the damage their product did to you. Your Hazelwood, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant for sitting, 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. On the other hand, 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 reasonably foresee that happening.
- 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 liability but can considerably diminish 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 knew of inherent risks of the product while you were using it. 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 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 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 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 adhered to recommended precautions.
- You failed to try to keep your damages to a minimum. 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 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 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 myriad tricks to try and devalue 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 unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the compensation you receive, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law immediately at for legal counsel that matches and surpasses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Hazelwood, MO
Our defective products lawyer team sees in Hazelwood, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common defective automobile components we see are:
- Windshield wipers
- Door latches
- Engine cooling fan blades
Offroad vehicles like 4-wheelers can also cause harm, 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 Hazelwood, MO
Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Hazelwood, MO has seen be defective include:
- Artificial joints that can lead to infections, instability, chronic soreness or recurring dislocations
- Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in punctured organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control implements that can pierce organs, lead to pelvic pain, excessive bleeding and unplanned pregnancies
As the medical industry keeps inventing more and more advanced technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the major cause.
In 2017, the U.S. Health and Human Services Department found that in the course of 10 years Medicare paid out at least $1.5 billion to replace more than 73,000 flawed heart devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of helping us. If a flawed medical device caused you damages, your Hazelwood, 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, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused incredible pain and lifelong damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint by clicking the link below:
Defective Drug Lawyer in Hazelwood, MO
The Federal Drug Administration has stringent protocols 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 independent testing many drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit over the safety of the people who need medicine and treatments that are truly effective. 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 to these bullying corporations and make them realize that their behavior is intolerable.
Four thousand five hundred drugs 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 sustained injuries because of irresponsible pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer as soon as possible. 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 examples of defective products we see in Hazelwood, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Hazelwood, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Hazelwood, MO knows that being hurt by a faulty product 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 Hazelwood and throughout Missouri collect maximum compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on delivering you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical toll your injury has taken 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 immediately at or contact us online to start on your journey to being made whole again.