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Defective Products Lawyer in O'Fallon, MO.
Defective Products Lawyer in O'Fallon, MO. If you or a loved one sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in O'Fallon, MO right away at (314) 500-HURT or fill out our online form for a free case evaluation.
Think of what you do every day: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your car, sit at in a chair or work around heavy machinery, and/or use your android throughout the day. You may drive go-carts on your free days. You may even have a knee replacement or other medical device. It seems we're always using or surrounded by some sort of technology that at one point was engineered, produced, shipped and purchased. When there is an error in that process and a product becomes defective, it can cause severe injuries to you and your O'Fallon, MO family. If tragedy struck you, you need the expert and devoted legal representation of Burger Law's defective products lawyer team to stand by your side and win you the maximum financial recovery you are owed.
In our three decades of negotiation, litigation and trial experience, we have won our clients in O'Fallon and throughout Missouri over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in O'Fallon, MO immediately at (314) 500-HURT.
If you were hurt by a defective product in O'Fallon, MO, see the true value of your claim by utilizing our free personal injury calculator.
The following are some useful links and FAQS from your Burger Law defective products injury lawyer in O'Fallon, 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?
O'Fallon, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that defective products are responsible for in excess of 29 million injuries and 21,000 deaths annually.
Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous 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 ruin that can be caused when manufacturers and distributors do not adhere to the rules.
If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in O'Fallon, MO for passionate, dedicated and skilled support and legal counsel.
What is the Process for Defective Products Claims in O'Fallon, MO?
Pursuant to Missouri Revised Statute §537.760, you and your O'Fallon, MO defective products lawyer can can hold a person or corporation liable for your damages if three factors are met:
- The corporation was involved in the product's chain of distribution.
- The product was used in a manner logically expected.
- One or both of the following:
- The product was in a defective 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 conception to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the claim if:
- You discover who the manufacturer is, it has not closed their business and is able to pay for all of your injuries.
- The vendor signs an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
- There is no evidence is brought in front of the court that the vendor took part in any other part of the stream of commerce.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If the aforementioned conditions are satisfied, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise responsible for the hazardous condition or the manufacturer cannot compensate you for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault 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 entirely understood before use by the public. This defense will only work for for inadequate warning product liability 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 lawsuits in O'Fallon, MO are won or lost based on the notion of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they might be held accountable for your damages and would have to pay you compensation.
By contrast, most product liability or hazardous products claims come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is accountable 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 O'Fallon, 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 flaw in the design that subsequently affects all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
- 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 incorrectly installing wires or electrical components or not properly fastening components to each other.
- Inadequate Warnings and Instructions: 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 danger 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically does not have to warn against risks that a reasonable person would foresee. 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 protocols for guaranteeing that their products will not pose a danger to the public. Even so, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in O'Fallon, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but maximum compensation.
Comparative Negligence in Defective Productions Claims in O'Fallon, MO
Manufacturers, vendors and anyone else in the chain of distribution will often rely on the concept of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the defendants to put forth the defense that you share a portion of the fault 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 to blame for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the stream of commerce makes to get out their duty to pay you for the harm they have caused. Your O'Fallon, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect a consumer to use it. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. 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 reasonably foresee that happening.
- You used the product in a way 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 considerably lower it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. 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 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 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- You failed to 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 followed proper protocols.
- You failed to mitigate your damages. 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 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 distributor can — and will — argue that you share part of the blame, that does not mean they will be successful. Large corporations and insurance companies use a lot of dishonest ruses to try and lower your claim, but your O'Fallon, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the compensation you are awarded, and you owe us nothing until you get the great compensation you deserve. Call Burger Law right away at (314) 500-HURT for legal advocacy that matches and surpasses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in O'Fallon, MO
Our defective products lawyer team sees in O'Fallon, 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, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to crashes and fires, and fail to protect drivers and passengers from harm as intended. Common defective car components we see are:
- Fuel systems
- Windshield wipers
- Door latches
- Headlights and taillights
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 O'Fallon, MO
We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us even more complications when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in O'Fallon, MO has seen be defective are:
- Artificial joints that can result in infections, limited mobility, chronic soreness or recurring dislocations
- Pacemakers, which can cause infections or even wrongful death because of premature failures
- Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can result in 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, excessive blood loss and unplanned pregnancies
As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the leading cause.
In 2017, the U.S. Health and Human Services Department announced that in the course of 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 defective cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you injuries, your O'Fallon, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed 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 mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were intended to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 people 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 our original complaint here:
Defective Drug Lawyer in O'Fallon, MO
The Federal Drug Administration has firm protocols that pharmaceutical companies must follow 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 prescriptions 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 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 O'Fallon, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.
Four thousand five hundred prescriptions 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 loved one had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, 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 they have caused. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from their family too soon.
Other examples of dangerous products we collect compensation for our clients for in O'Fallon, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
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O'Fallon, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in O'Fallon, MO knows that being injured by a dangerous product can completely upend your life. That is why we have devoted our careers to seeing the vulnerable in O'Fallon 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 immediately start working on delivering you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical hardships your injury has taken on you and your O'Fallon, MO family. We will stand 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 O'Fallon, MO immediately at (314) 500-HURT or contact us online to take the first step toward being made whole again.