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Defective Products Lawyer in Park Hills, MO.

Defective Products Lawyer in Park Hills, MO. If you or someone you care about sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Park Hills, 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 have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around heavy equipment, and/or use your iPhone at various times during the day. You may drive go-carts on the weekend. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be designed, manufactured, shipped and bought. When there is a breakdown in that process and a product becomes dangerous, it can cause severe harm to you and your Park Hills, MO family. If tragedy struck you, you need the experienced and devoted legal services of Burger Law's defective products lawyer team to fight on your behalf and deliver you the best possible financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Park Hills and beyond more than $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 Park Hills, MO today at (314) 500-HURT.

If you were harmed by a faulty product in Park Hills, MO, discover how much your claim may be worth by using our complimentary personal injury calculator.



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Phone: (314) 500-HURT

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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Park Hills, MO:

Park Hills, MO Defective Products Statistics

The Consumer Product Safety Commission states that hazardous products are responsible for over 29 million injuries and 21,000 fatalities each year.

According to data from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme ruin an unsafe product can cause.

If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in Park Hills, MO for passionate, dedicated and expert support and legal representation.

What is the Process for Defective Products Claims in Park Hills, MO?

Under Missouri Revised Statute §537.760, you and your Park Hills, MO defective products lawyer can can hold a person or company liable for your damages if three conditions are met:

  1. The corporation was involved in the product's design, manufacture, distribution and sale.
  2. You used the product in a manner rationally foreseen.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
    2. Your injuries stemmed from a dangerous 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 conception to sale, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can be dismissed from the claim if:

  • You discover who the manufacturer is, it has not closed their business and can afford to pay for the entirety of your damages.
  • The vendor signs an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
  • No other party in the case presents evidence that the seller was involved in any other facet 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 fulfilled, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they had a larger role in the production of the product than they intimated, were otherwise at fault for the fault or the manufacturer is unable to compensate you 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 claim and ensure you get the great compensation you deserve.

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 consumer. This defense will only work for for inadequate warning product liability claims, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury suits in Park Hills, MO are decided by the idea of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, Park Hills, MO dog owners must always have control of their dog. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they may 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 hazardous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is liable 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 Park Hills, 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 flaw in the design that afterwards affects all products with the same design. An example is an electrical appliance that can overheat and cause fires.
  2. 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 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 Dangers or Dangers That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about inherent risks. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product generally does not have to warn against risks 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 hold corporations accountable and persuade them 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. When that happens, your Burger Law defective products lawyer in Park Hills, MO will fight on your behalf and demand only a full financial recovery.

Comparative Negligence in Defective Productions Claims in Park Hills, MO

Manufacturers, vendors and anyone else in the chain of distribution will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to posit that you share a portion of your damages and, therefore, they are not obligated to reimburse 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, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt an entity involved in the stream of commerce makes to get out their duty to pay you for the damage their product did to you. Your Park Hills, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. 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 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 are injured playing catch with a power tool or other sharp object, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
  • 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 diminish it but can significantly diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto collision. A pharmaceutical company could reasonably see 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 theory in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
  • 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 did not follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution 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 did not mitigate your damages. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. The defense may say you have no right to ask them for money they do not owe you.

Just because the manufacturer or vendor can — and will — assert that comparative fault applies to your claim, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies implement a lot of tricks to try and devalue your claim, but your Park Hills, MO defective products lawyer at Burger Law knows how to combat them. We know these companies have a lot of money to throw at their defense 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 we collect a moderate percentage of the financial recovery you receive, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal representation that rivals and exceeds that of bullying manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Park Hills, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Park Hills, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to collisions and fires, and lead to further injuries when the safety components to not function as they should. Common defective motor vehicle components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical systems
  • Wheels
  • Seats
  • Engine cooling fan blades

Offroad vehicles like ATVs can also cause harm, 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 Park Hills, 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 not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Park Hills, MO has seen be defective are:

  • Artificial joints that can result in infections, limited mobility, pain or repeated dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to perforated 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, cause pelvic pain, excessive bleeding and unplanned pregnancies

As the medical industry becomes more high-tech, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, mostly owing to defects in software.

In 2017, the U.S. Health and Human Services Department announced that over the span of 10 years Medicare had to spend at least $1.5 billion to replace over 73,000 faulty heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your Park Hills, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was contacted 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 by clicking the link below:

View Complaint

Defective Drug Lawyer in Park Hills, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must adhere to from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. With no absolute third-party testing many drugs 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 Park Hills, 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. each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member had your condition deteriorate because of careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer now. We fight hard to see justice served by winning you compensation and holding negligent corporations liable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other common dangerous products we see in Park Hills, 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

Park Hills, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Park Hills, MO knows that being hurt by a faulty product can completely upend your life. That is why we endeavor to see the injured in Park Hills and throughout Missouri receive full 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 delivering you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Park Hills, 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 Park Hills, MO now at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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