have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in House Springs, MO.
Defective Products Lawyer in House Springs, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in House Springs, MO immediately at (314) 500-HURT or fill out our online form for a complimentary consultation.
Imagine 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 by a computer or work around heavy machinery, and/or use your cell phone on and off throughout the day. You may go 4-wheeling 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 technology that had to be engineered, manufactured, packaged and bought. When there is an error in that process and a product becomes hazardous, it can cause serious injuries to you and your House Springs, MO family. If tragedy struck you, you need the expert and dedicated legal services 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 30 years of negotiation, litigation and trial experience, we have secured our clients in House Springs and beyond more than $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in House Springs, MO now at (314) 500-HURT.
If you were hurt by a faulty product in House Springs, MO, learn 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 House Springs, 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 House Springs, MO?
The Consumer Product Safety Commission states that faulty products account for more than 29 million injuries and 21,000 deaths each year.
According to 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 speaks to the unbelievable destruction an unsafe product can cause.
If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in House Springs, MO for empathetic, devoted and skilled support and legal counsel.
What is the Process for Defective Products Claims in House Springs, MO?
Pursuant to Missouri Revised Statute §537.760, you and your House Springs, MO defective products lawyer can make a "strict liability" claim if three factors are true:
- The defendant was part of the product's design, manufacture, distribution and sale.
- You used the product in a way rationally foreseen.
- Either or both of the following conditions:
- The product had a defective condition that was unreasonably dangerous when the product was sold 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 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, someone who had nothing to do with the product beyond selling it can avoid liability if:
- You discover who the manufacturer is, it has not closed their business and is able to pay for the entirety of your damages.
- The seller makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
- No other party in the case presents evidence that the vendor 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 demonstrates that they were actually involved in the design or manufacture of the product, were otherwise responsible for the hazardous condition or the manufacturer is unable to reimburse 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 you are owed.
Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," where a hazardous condition could not be completely understood before use by the public. This defense will only work for 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 hazardous condition.
Have You Been Injured from a Dangerous Product?
Click to view video
What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
Click to view video
The Difference Between Strict Liability and Negligence in Defective Products Cases
The majority of personal injury suits in House Springs, MO are decided by the idea of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the House Springs, MO roads. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they might be found liable for your damages and would have to pay you compensation.
However, most product liability or dangerous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is to blame 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 House Springs, 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 imperfection in the design that subsequently affects all products with the same design. An example is an improperly designed safeguard on a power tool.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes in the manufacturing process. This can either only make one product defective, 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 installing outdated components or leaving sharp edges on plastic or other materials.
- Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: 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 hazard 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 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 protocols for verifying the safety of their products. However, 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 House Springs, MO will hold them accountable by conducting a full investigation of your case and demanding only maximum compensation.
Comparative Negligence in Defective Productions Claims in House Springs, MO
Manufacturers, sellers and anyone else in the chain of distribution will often rely on the concept of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to put forth the defense that you share a portion of your damages and, therefore, they are not liable for the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent to blame for the accident, your total compensation will only be $70,000. Often, claims of comparative fault are a deceitful attempt an entity involved in the chain of distribution makes to get out their responsibility to pay you for the harm they have caused. Your House Springs, 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 way 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, 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. 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 happening.
- You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can significantly reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car accident. A pharmaceutical company could reasonably see 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, 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 say that any reasonable person would have known that they could be seriously hurt 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 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 adhered to recommended safety measures.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 comparative fault applies to your claim, that does not mean they will be successful. Bullying corporations and insurance companies employ myriad tricks to try and devalue your claim, but your House Springs, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations are unfair and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you receive, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal counsel that matches and eclipses that of bullying manufacturers and sellers and insurance adjusters.
Defective Vehicle Parts Lawyer in House Springs, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in House Springs, MO. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common defective car parts we see are:
- Electrical wiring
- Door latches
Alternative vehicles like 4-wheelers can also cause damage, 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 House Springs, MO
We need medical devices to enhance and extend our lives. 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 House Springs, MO has seen cause further injuries to patients include:
- Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or frequent dislocations
- Pacemakers, which can lead to infections or even wrongful death because of premature failures
- Surgical robots designed to operate on hard to reach areas which, when they do not work properly, can lead to pierced organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
- Permanent birth control devices that can pierce organs, result in pelvic pain, abnormal hemorrhaging and unplanned pregnancies
As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, mostly as a result of problems with software.
In 2017, the U.S. Health and Human Services Department announced that over a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 defective heart 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 flawed medical device caused you injuries, your House Springs, 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements degrade too quickly and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was contacted 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 the complaint we filed for our first client here:
Defective Drug Lawyer in House Springs, 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 independent testing many prescriptions reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations care more about the money they make more than 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 House Springs, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.
Hundreds of thousands of medications and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member received injuries because of reckless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by winning you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from this world too soon.
Other examples of dangerous products we file suit for in House Springs, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Call Burger Law Now
House Springs, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in House Springs, MO knows that being harmed by a faulty product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have dedicated our lives to seeing the injured in House Springs 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 costs and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your House Springs, MO family. We will stand 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 House Springs, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.