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Defective Products Lawyer in North St. Louis County, MO.
Defective Products Lawyer in North St. Louis County, MO. If you or someone you love was harmed by a dangerous product, get in touch with a Burger law defective products lawyer in North St. Louis County, MO today at (314) 500-HURT or fill out our online form for a free case evaluation.
Picture your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around technology, and/or use your android on and off throughout the day. You may drive go-carts on your days off. You may even have a joint replacement or other medical device. 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 buyer. When there is a breakdown in the chain of distribution and a product becomes dangerous, it can have a disastrous effect on North St. Louis County, MO individuals and families. When that happens to you, you need the experienced and committed legal services of Burger Law's defective products lawyer team to stand by your side and secure you the full financial recovery you are owed.
In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in North St. Louis County and throughout Missouri in excess of $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in North St. Louis County, MO today at (314) 500-HURT.
If you were injured by a dangerous product in North St. Louis County, MO, find out the true value of your case by utilizing our free personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in North St. Louis County, 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?
North St. Louis County, MO Defective Products Statistics
The Consumer Product Safety Commission states that hazardous products result in over 29 million injuries and 21,000 fatalities each year.
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 an unsafe product can cause.
If you or someone you know was hurt by a faulty product, call a Burger Law defective products lawyer in North St. Louis County, MO for passionate, devoted and experienced support and legal representation.
What is the Process for Defective Products Claims in North St. Louis County, MO?
According to Missouri Revised Statute §537.760, you and your North St. Louis County, MO defective products lawyer can file a "strict liability" suit if three conditions are true:
- The company was involved in the product's design, manufacture, distribution and sale.
- You used the product in a manner logically anticipated.
- One or both of the following:
- The product had a faulty condition that was unreasonably dangerous when you bought the product that caused you direct harm, and/or
- You were injured because there was a hazardous 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 design to sale, 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 case if:
- You discover who the manufacturer is, it still exists and is financially capable of paying you for the entirety of your injuries.
- The entity that sold it makes an affidavit under oath 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 dismissal is requested to the court within 60 days.
If the above conditions are satisfied, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they had a larger role in the design and manufacture of the product than they intimated, were otherwise at fault for the defect or the manufacturer cannot reimburse you for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable party is held accountable.
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 consumer. This defense is only applicable to for failure to warn defective products cases, and the burden of proof is on the defense.
Have You Been Injured from a Dangerous Product?
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury claims in North St. Louis County, MO are determined by the concept of negligence. We all have an obligation to each other's safety 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 is negligent, for example if if you are misdiagnosed because of substandard medical attention they can be held responsible for your damages and would owe you compensation.
However, most product liability or hazardous products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable for any damage a product causes, irrespective of negligence. 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 North St. Louis County, 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 inherent imperfection in the design that subsequently passes the imperfection to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
- Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about inherent dangers. 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 dangers that a reasonable person would anticipate. 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 exhaustive safety procedures for verifying that their products will not put the people who use it at risk. Even so, too often companies are negligent and concentrate more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in North St. Louis County, MO will fight on your behalf and demand nothing but the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in North St. Louis County, MO
A common defense for manufacturers in a dangerous product lawsuit is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the chain of distribution to argue that you share a portion of your injuries 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 deceitful attempt a defendant makes to get out their duty to reimburse you for the damage their product did to you. Your North St. Louis County, MO defective products lawyer at Burger Law sees through that. Pursuant 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 seller 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 that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably diminish it but can considerably decrease 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 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 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. 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 packaging can often protect someone in the stream of commerce from liability. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not followed proper protocols.
- 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 seek unnecessary medical treatment. 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 — argue that comparative negligence applies to your claim, that does not mean they will be successful. Powerful corporations and insurance companies implement myriad deceitful tactics to try and lower your claim, but your North St. Louis County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you receive, and you owe us nothing until we win your case. Call Burger Law right away at (314) 500-HURT for legal counsel that matches and exceeds that of resistant manufacturers and vendors and insurance adjusters.
Defective Vehicle Parts Lawyer in North St. Louis County, MO
Our defective products lawyer team sees in North St. Louis County, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. 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 collisions and fires, and fail to protect drivers and passengers from harm as intended. Common defective automobile components we see are:
- Fuel systems
- Windshield wipers
- Engine cooling fan blades
Alternative vehicles like 4-wheelers 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 North St. Louis County, 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 implanted correctly. Common medical devices that your Burger Law defective products lawyer in North St. Louis County, MO has seen be defective include:
- Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or repeated dislocations
- Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
- Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can result in perforated organs, infections and electrical burns
- Blood clot filters that permit dislodged blood clots to invade the lungs
- Permanent birth control devices that can perforate organs, result in pelvic pain, excessive hemorrhaging and unwanted pregnancies
As the medical industry keeps coming up with more and more advanced technologies, the amount of recalls issued for medical devices has increased exponentially. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly because of problems with software.
In 2017, the U.S. Health and Human Services Department stated that over the span of 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 defective cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of easing it. If a faulty medical device ended up worsening your condition, your North St. Louis County, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you receive a full financial recovery for all of the unnecessary pain you experienced.
In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to degrade too quickly and have caused unimaginable pain and lifelong damage to possibly 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 filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view our original complaint by clicking the link below:
Defective Drug Lawyer in North St. Louis County, MO
The Federal Drug Administration has firm procedures that pharmaceutical companies must adhere to from manufacturing to delivery. 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 shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies care more about the money they make more than the safety of the people who need medicine and treatments that truly help their condition. Currently, it is usually the pharmaceutical company's decision if they will recall a drug that has found to have dangerous side effects. One way to make sure dangerous prescriptions stay off the shelves: call a Burger Law defective products lawyer in North St. Louis County, MO to stand up to these bullying corporations and let them know that their conduct is intolerable.
Four thousand five hundred medications and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one sustained injuries because of careless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer now. 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 won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.
Other examples of defective products we collect compensation for our clients for in North St. Louis County, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
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North St. Louis County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in North St. Louis County, MO knows that when manufacturers and distributors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the injured in North St. Louis County and throughout Missouri receive great 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 immediately start working on securing you a financial recovery for all of your medical costs and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your North St. Louis County, 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 North St. Louis County, MO now at (314) 500-HURT or contact us online to start on the path to being made whole again.