have you been injured by a dangerous product in Missouri? Call Burger Law now. Defective Products Lawyer in Mehlville, MO. Defective Products Lawyer in Mehlville, MO. If you or someone you love sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Mehlville, MO today 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 in your car, sit at in a chair or work around heavy machinery, and/or use your android at various times during the day. You may go boating on your free days. You may even have a pacemaker or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was engineered, produced, packaged and sold. When there is a mistake in that process and a product becomes dangerous, it can cause severe harm to you and your Mehlville, MO family. If tragedy struck you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to stand by your side and secure you the great compensation you deserve. In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in Mehlville and beyond in excess of $170 million. Talking to us is free, so there's no reason not to reach out. Call a defective products lawyer in Mehlville, MO now at (314) 500-HURT. If you were injured by a defective product in Mehlville, MO, learn the true value of your claim by utilizing our complimentary personal injury calculator. St. LouisSt. Louis500 N. BroadwaySuite 1860St. Louis, MO 63102Phone: (314) 500-HURTView Location The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Mehlville, 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? Mehlville, MO Defective Products Statistics The Consumer Product Safety Commission estimates that dangerous products are responsible for more than 29 million injuries and 21,000 fatalities every year. Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the incredible devastation that can be caused when manufacturers and vendors do not obey the rules. If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Mehlville, MO for empathetic, dedicated and talented support and legal advocacy. How Defective Products Claims Work in Mehlville, MO Pursuant to Missouri Revised Statute §537.760, you and your Mehlville, MO defective products lawyer can file a "strict liability" suit if three factors are true: The defendant was part of the product's chain of distribution. The product was used in a way logically foreseen. Either or both of the following conditions: The product was in a faulty condition that was unreasonably dangerous 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 "chain of distribution" refers to anyone involved in the product from initial conception to sale, including a distributor or seller. According to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it may be dismissed from the lawsuit if: The manufacturer is known, has not closed their business and is financially capable of compensating you for the entirety of your injuries. The distributor signs an affidavit under oath that their only involvement in the process was selling it. No other party in the case presents evidence that the vendor took part in any other part of the chain of distribution. The motion to dismiss is filed no later than 60 days after the complaint is filed. If those conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise liable for the dangerous condition or the manufacturer cannot compensate you for all of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held accountable. Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only valid for inadequate warning defective products claims, and the burden of proof is on the defense. 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 The Difference Between Strict Liability and Negligence in Defective Products Cases Most personal injury claims in Mehlville, MO are based on 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 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 be obligated to reimburse you for your injuries and other damages. By contrast, most product liability or defective products cases are strict liability claims, meaning that a designer, manufacturer or vendor is to blame for any damage 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 Mehlville, 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 imperfection in the design that subsequently affects all products with the same design. An example is an electrical appliance that can overheat and cause fires. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either affect only one product, 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 not properly fastening components to each other. Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give adequate instructions or warnings about innate risks. Examples include failing to warn that a hairdryer might cause an electric shock if it comes in contact with water 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 risks that a reasonable person would foresee. For example, they do not have to warn you that a match could start a fire. Strict liability is meant to incentivize corporations to implement thorough safety procedures for guaranteeing the safety of their products. However, too often companies are negligent and concentrate more on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Mehlville, MO will fight by your side and insist on only a complete financial recovery. Comparative Negligence in Defective Productions Claims in Mehlville, MO Manufacturers, sellers and anyone else in the stream of commerce will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for those in the chain of distribution to posit that you share a portion of your damages and, therefore, they are not obligated to reimburse 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 to blame for your injuries, you will only receive $70,000. Often, claims of comparative fault are a deceitful attempt a manufacturer makes to avoid their responsibility to pay you for the damage their product did to you. Your Mehlville, MO defective products lawyer at Burger Law sees through that. According to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case: You did not use the product in a way 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, 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. 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 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 diminish it but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car wreck. 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 concept 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 make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing. You neglected 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 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 followed recommended safety measures. You failed to 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 refuse to return to work when you are healthy enough to do so. The defense may say you have no right to ask them for money they do not owe you. Just because the defense can — and will — work hard to persuade a jury that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies implement a variety of dishonest ruses to try and minimize your claim, but your Mehlville, 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 do not have the same resources. All you will ever owe is a contingency fee, 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 parallels and exceeds that of resistant corporations and insurance companies. Defective Vehicle Parts Lawyer in Mehlville, MO Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Mehlville, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause accident and fires, and fail to protect drivers and passengers from harm as intended. Common faulty car parts we see are: Brakes Airbags Fuel systems Electrical systems Tires Door latches Engine cooling fan blades Offroad vehicles like 4-wheelers can also cause injuries, 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 Mehlville, MO Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Mehlville, MO has seen cause further complications for patients are: Artificial joints that can result in infections, instability, chronic soreness or frequent dislocations Pacemakers, 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 result in perforated organs, infections and internal burns Blood clot filters that permit free-floating blood clots to invade the lungs Permanent birth control devices that can puncture organs, cause pelvic pain, excessive hemorrhaging and unintended pregnancies As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first three months 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 over the span of 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you damages, your Mehlville, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed. In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements deteriorate too quickly and have caused incredible pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was made aware of the defect 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 by clicking the button below: View Complaint Defective Drug Lawyer in Mehlville, MO The Federal Drug Administration has strict procedures that pharmaceutical companies must adhere to from manufacturing to sale. However, the administration does not actually test drugs itself; rather, it relies on data from pharmaceutical companies' own testing to determine if a drug is safe for release to the public. That means that many drugs 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 Mehlville, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable. Hundreds of thousands of drugs and medical devices are recalled in the U.S. annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one had your condition worsen because of reckless pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer now. We fight hard to see justice served by winning you compensation and holding negligent corporations responsible. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one. Other common defective products we see in Mehlville, MO include: Children's toys Chemicals such as cleaning products Baby powder Household appliances Industrial equipment Cell phone batteries Cosmetic products Call Burger Law Now Mehlville, MO Defective Products Lawyer | Burger Law Every Burger Law defective products lawyer in Mehlville, MO knows that being hurt by a dangerous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in Mehlville and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on wining you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Mehlville, MO family. We will fight 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 Mehlville, MO right away at (314) 500-HURT or contact us online to start on your journey to being made whole again.