Defective Products Lawyer in Maryland Heights, MO.

Defective Products Lawyer in Maryland Heights, MO. If you or a family member was injured by a dangerous product, call a Burger law defective products lawyer in Maryland Heights, MO right away at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Imagine your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around heavy equipment, and/or use your cell phone at various times during the day. You may go 4-wheeling on the weekend. You may even have a ankle replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the buyer. When there is an error in the chain of distribution and a product becomes dangerous, it can cause serious harm to you and your Maryland Heights, MO family. When that happens to you, you need the skilled and devoted legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the great compensation you deserve.

In our In our three decades of experience standing up for the rights of the injured and vulnerable, we have secured our clients in Maryland Heights and beyond more than $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Maryland Heights, MO immediately at (314) 500-HURT.

If you were harmed by a defective product in Maryland Heights, MO, discover the true value of your claim by using our complimentary personal injury calculator.



The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Maryland Heights, 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?

How Common Are Defective Products in Maryland Heights, MO?

The Consumer Product Safety Commission has found that dangerous products account for over 29 million injuries and 21,000 fatalities 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 speaks to the extreme destruction that can be caused when manufacturers and vendors do not obey adequate safety protocols.

If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Maryland Heights, MO for compassionate, committed and knowledgeable support and legal counsel.

How Defective Products Claims Work in Maryland Heights, MO

According to Missouri Revised Statute §537.760, you and your Maryland Heights, MO defective products lawyer can file a "strict liability" suit if three factors are true:

1. The company was part of the product's stream of commerce.
2. You used the product in a manner rationally foreseen.
3. Either or both of the following conditions:
   1. The product had 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 hazardous condition.

The "chain of distribution" refers to anyone involved in the product from initial conception to purchase, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the suit if:

• You discover who the manufacturer is, it still exists and is financially capable of paying you for the entirety of your injuries.
• The seller signs an affidavit under oath that they had nothing to do with the product beyond selling it.
• There is no evidence is brought in front of the court that the vendor was involved in any other aspect of the chain of distribution.
• The motion to dismiss is filed within 60 days.

If those conditions are met, the seller 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 had a larger role in the production of the product than they implied, were otherwise at fault for the dangerous condition or the manufacturer cannot pay for the entirety of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery you are owed.

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 was introduced to the public. This defense is only valid for inadequate warning defective products claims, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury claims in Maryland Heights, MO are determined by the concept of negligence. We all owe each other a duty of care 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 fails in that duty, for instance if if there a loose floor boards at a restaurant that cause you to fall they can be found accountable for your damages and would owe you a financial recovery.

However, most product liability or dangerous products claims are strict liability claims, meaning that a designer, manufacturer or vendor is responsible for any injuries 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 Maryland Heights, 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:

1. Design Defect: A design defect is an inherent fault in the design that subsequently affects all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
2. 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 dangerous, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous 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. Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer generally does not have to warn against obvious dangers. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety procedures for verifying the safety of their products. However, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Maryland Heights, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Maryland Heights, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the defendants to posit that you share 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 liable for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt a defendant makes to get out their obligation to reimburse you for the damage their product did to you. Your Maryland Heights, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances are present in your case:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller 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 considerably reduce it but can considerably lower it. Say 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 hazards of the product while you were using it. 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 the steering wheel on your vehicle was locking, you neglected to fix it and it caused you to get in an accident, your awareness of the defect and willingness to drive regardless would constitute an assumption of the risk.
• You did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
• You neglected to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 would have been avoided had you obeyed proper protocols.
• You did not try to keep your damages to a minimum. 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 they do not owe you for a portion of your damages because they are unnecessary or not relevant to the case.

Just because the manufacturer or vendor can — and will — try to convince the court that comparative negligence applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ a lot of tricks to try and minimize your claim, but your Maryland Heights, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair 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 our only fee is a moderate percentage of the compensation you collect, and we do not collect any attorney's fees until we win your case. Call Burger Law now at (314) 500-HURT for legal representation that rivals and surpasses that of resistant manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Maryland Heights, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Maryland Heights, 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 collisions and fires, and fail to protect occupants from harm as intended. Common dangerous automobile components we see are:

• Brakes
• Airbags
• Ignitions
• Electrical wires
• Tires
• Steering systems
• Engine cooling fan blades

Offroad vehicles like ATVs can also cause damage, 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 Maryland Heights, 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 complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Maryland Heights, MO has seen be defective include:

• Artificial joints that can lead to infections, limited mobility, chronic soreness or recurring dislocations
• Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
• Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can result in pierced 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 puncture organs, cause pelvic pain, abnormal bleeding and unintended pregnancies

As the medical industry keeps coming up with new technologies, the amount of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly as a result of issues with software.

In 2017, the U.S. Health and Human Services Department stated that throughout a decade Medicare had to spend at least $1.5 billion to replace more than 73,000 faulty cardiovascular 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 ended up worsening your condition, your Maryland Heights, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February of 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 deteriorate too quickly and have caused unthinkable pain and lifelong damage to potentially 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 continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Maryland Heights, MO

The Federal Drug Administration has strict 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 market. That means that many drugs 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 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 Maryland Heights, 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 family member sustained injuries because of careless pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from this world too soon.

Other common dangerous products we see in Maryland Heights, MO include:

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

Every Burger Law defective products lawyer in Maryland Heights, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your life. That is why we endeavor to see the vulnerable in Maryland Heights and throughout Missouri get great compensation 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 immediately start working on delivering you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical hardships your injury has taken on you and your Maryland Heights, MO family. We will fight 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 Maryland Heights, MO right away at (314) 500-HURT or contact us online to take the first step toward a true recovery.