have you been injured by a dangerous product in Missouri? Call Burger Law now. Defective Products Lawyer in Lemay, MO. Defective Products Lawyer in Lemay, MO. If you or someone you care about was injured by a dangerous product, reach out to a Burger law defective products lawyer in Lemay, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case review. Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit at in a chair or work around technology, and/or use your android on and off throughout the day. You may use lawnmowers on your days off. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the market. When there is an oversight in that process and a product becomes defective, it can cause severe harm to you and your Lemay, MO family. If tragedy struck you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to stand in your corner and win you the best possible compensation you deserve. In our 30 years of negotiation, litigation and trial experience, we have won our clients in Lemay and throughout Missouri in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Lemay, MO right away at (314) 500-HURT. If you were hurt by a defective product in Lemay, MO, find out how much your claim may be worth by utilizing our complimentary personal injury calculator. St. LouisSt. Louis500 N. BroadwaySuite 1860St. Louis, MO 63102Phone: (314) 500-HURTView Location The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Lemay, MO: FDA Recall List and Safety Alerts Consumer Products Safety Commission Recall List U.S. Department of Transportation Motor Vehicle Recall List Recalls.Gov 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? Lemay, MO Defective Products Statistics The Consumer Product Safety Commission has found that faulty products account for in excess of 29 million injuries and 21,000 deaths annually. 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 shows the incredible ruin that can be caused when manufacturers and vendors do not follow adequate safety protocols. If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Lemay, MO for passionate, dedicated and expert support and legal representation. What is the Process for Defective Products Claims in Lemay, MO? Pursuant to Missouri Revised Statute §537.760, you and your Lemay, MO defective products lawyer can can hold a person or corporation accountable for your damages if three factors are met: The person was involved in the product's stream of commerce. The product was used in a manner easily foreseen. One or both of the following: The product was in a faulty condition that was unreasonably dangerous when it left the manufacturer's or vendor's that caused you direct harm, and/or Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions. The "stream of commerce" refers to anyone involved in the product from initial design to sale, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product can avoid liability if: You discover who the manufacturer is, it has not closed their business and is financially capable of reimbursing you for all of your injuries. 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 presented to the court that the seller was involved in any other part of the chain of distribution. The dismissal is requested to the court no later than 60 days after the complaint is filed. If those conditions are satisfied, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise at fault for the defect or the manufacturer is unable to pay for all of the economic, physical and emotional loss you sustained, 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," meaning that a hazardous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense will only work for for failure to warn 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. Have You Been Injured from a Dangerous Product?Have You Been Injured from a Dangerous Product?Click to view videoWhat Do I Have to Prove to Win A Defective Product Liability Lawsuit?What Do I Have to Prove to Win A Defective Product Liability Lawsuit?Click to view videoCloseClose Negligence vs. Strict Liability in Defective Products Cases The majority of personal injury cases in Lemay, MO are determined by the conception of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Lemay, MO roads. When someone is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they might be held responsible for your damages and would owe you compensation. By contrast, most product liability or hazardous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is to blame for any injuries that results 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 Lemay, 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 innate fault in the design that afterwards passes the flaw to all of that product model that go on to be manufactured. An example is a piece of clothing that is easily flammable. 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, 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 bugs or other contaminants found in beverages or a swing set with a cracked chain. Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This occurs when the product was not hazardous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger that could come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product 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 encourage corporations to implement comprehensive safety procedures for guaranteeing the safety of their products. Even so, too often companies do not respect their obligation to make safe products 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 Lemay, MO will fight on your behalf and insist on nothing but the best possible financial recovery. Comparative Negligence in Defective Productions Claims in Lemay, MO An oft-used defense for manufacturers in a defective products case is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to posit that you are responsible 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 determines that you have $100,000 in damages but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt a defendant makes to get out their responsibility to pay you for the harm they have caused. Your Lemay, MO defective products lawyer at Burger Law sees through that. 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 vendor is only responsible for ensuring the product is safe for reasonable or predictable use. 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. 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, the defendant will likely not be able to avoid liability altogether, but can significantly lower it but can significantly 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 principle in tort claims whereby, if the injured party was aware of risks, 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 injured doing such a thing. You did not follow safety guidelines. 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 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 proper protocols. You did not mitigate your damages. In any personal injury claim, you are expected 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 people in the chain of distribution can — and will — work hard to persuade a jury that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies employ myriad tricks to try and devalue your claim, but your Lemay, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies are unfair and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until you get the great compensation you deserve. Call Burger Law now at (314) 500-HURT for legal counsel that rivals and surpasses that of resistant manufacturers and vendors and insurance companies. Defective Vehicle Parts Lawyer in Lemay, MO Our defective products lawyer team sees in Lemay, 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, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and fail to protect occupants from harm as intended. Common defective car components we see are: Brakes Airbags Fuel systems Windshield wipers Wheels Steering systems Engine cooling fan blades Offroad vehicles like 4-wheelers 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 Lemay, MO Medical devices are meant to improve the lives of the people who need them. But, sometimes they can 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 Lemay, MO has seen be defective are: Artificial hips, knees or other joints that can cause infections, instability, pain or recurring dislocations Cardiovascular devises, which can result in infections or even wrongful death because of premature failures Robotic surgical assistants intended to operate on hard to reach areas which, when they malfunction, can cause perforated organs, infections and internal burns Blood clot filters that permit free-floating blood clots to travel up to the lungs Permanent birth control devices that can pierce organs, result in pain in the pelvic region, abnormal blood loss and unplanned pregnancies As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly because of defects in software. In 2017, the U.S. Health and Human Services Department found that over a decade Medicare spent at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of improving our lives. If a defective medical device ended up worsening your condition, your Lemay, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced. In February 2022, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were designed to and have caused incredible pain and lifelong damage to potentially as many as 150,000 patients who had the replacement joint implanted. 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 read our original complaint here: View Complaint Defective Drug Lawyer in Lemay, MO The Federal Drug Administration has strict procedures that pharmaceutical companies must adhere to from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. That means that many medications reach the market 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, 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 Lemay, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable. Four thousand five hundred medications and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love had your condition deteriorate because of reckless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer immediately. 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 filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one. Other examples of dangerous products we collect compensation for our clients for in Lemay, 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 Lemay, MO Defective Products Lawyer | Burger Law Every Burger Law defective products lawyer in Lemay, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we strive to see the injured in Lemay and throughout Missouri get great compensation 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 securing you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical toll your injury has taken on you and your Lemay, 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 Lemay, MO right away at (314) 500-HURT or contact us online to take the first step toward a true recovery.