Defective Products Lawyer in Perryville, MO.

Defective Products Lawyer in Perryville, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Perryville, MO right away at (314) 500-HURT or fill out our online form for a free consultation.

Imagine your daily routine: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work on your bike, sit by a computer or work around heavy machinery, and/or use your cell phone throughout the day. You may use lawnmowers on your free days. You may even have a knee 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 shelves. When there is an oversight in the stream of commerce and a product becomes hazardous, it can cause severe harm to you and your Perryville, MO family. When that happens to you, you need the experienced and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and get you the maximum compensation you deserve.

In our In our three decades of experience fighting for fairness and justice, we have gotten our clients in Perryville and throughout Missouri more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Call a defective products lawyer in Perryville, MO now at (314) 500-HURT.

If you were injured by a faulty product in Perryville, MO, see how much your claim may be worth by filling out our complimentary personal injury calculator.



Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Perryville, 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 Perryville, MO?

The Consumer Product Safety Commission has found that faulty products account for in excess of 29 million injuries and 21,000 fatalities annually.

Based on 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 harm that can be caused when manufacturers and distributors do not adhere to proper safety measures.

If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Perryville, MO for understanding, committed and experienced support and legal advocacy.

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

According to Missouri Revised Statute §537.760, you and your Perryville, MO defective products lawyer can make a "strict liability" claim if three conditions are true:

1. The company was involved in the product's stream of commerce.
2. You used the product in a manner logically anticipated.
3. Either or both of the following conditions:
   1. The product was in a defective condition that was unreasonably hazardous when you bought the product and your injuries are a direct result of that defect, 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 "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it may avoid liability if:

• The manufacturer is known, still exists and can afford to compensate you for the entirety of your injuries.
• The distributor signs an affidavit under threat of perjury 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 seller was involved in any other facet of the design and manufacturing process.
• The dismissal is requested to the judge within 60 days.

If the aforementioned conditions are met, 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 fault or the manufacturer cannot compensate you 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 that every liable party is held accountable.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense is only applicable to for failure to warn product liability claims, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury suits in Perryville, MO are decided by the notion 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 are injured by a fatigued truck driver they may be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or dangerous products claims are strict liability claims, meaning that anyone in the chain of distribution is accountable for any injuries 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 Perryville, 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 innate flaw in the design that afterwards affects all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
2. 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 hazardous chemicals. An example could be installing outdated components or not properly fastening components to each other.
3. Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: 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 come about 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 not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product typically 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 incentivize corporations to implement comprehensive safety protocols for guaranteeing the safety of their products. Even so, too often corporations do not value our safety and spend more energy on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Perryville, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Perryville, MO

A common defense for manufacturers in a defective products case 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 put forth the defense that you are responsible for a portion of the fault and, therefore, they are not liable for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to eschew their responsibility to pay you for the harm they have caused. Your Perryville, MO defective products lawyer at Burger Law sees through that. According to the statute, the defense may say you bear 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 manner the manufacturer could foresee. A manufacturer or seller 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 be expected to foresee that use of the product.
• You used the product in a manner the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to totally avoid fault but can significantly diminish it. Suppose 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 concept 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 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 hurt doing such a thing.
• You did not follow safety guidelines. 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 would have been avoided had you adhered to recommended safety measures.
• You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. 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 defense can — and will — argue that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies implement a lot of deceitful tactics to try and lower your claim, but your Perryville, 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 do not have the same resources. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you are awarded, and you owe us nothing until we win your case. Reach out to Burger Law right away at (314) 500-HURT for legal advocacy that matches and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Perryville, MO

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

• Brakes
• Airbags
• Fuel systems
• Electrical wires
• Wheels
• Steering systems
• Accelerators

Offroad vehicles like 4-wheelers 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 Perryville, MO

We need 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. Common medical devices that your Burger Law defective products lawyer in Perryville, MO has seen cause further complications for patients are:

• Artificial hips, knees or other joints that can result in infections, limited mobility, pain or frequent dislocations
• Cardiovascular devises, which can result in infections or even wrongful death when they do not last as long as anticipated
• Robotic surgical assistants designed to operate on hard to reach areas which, when defective, can lead to pierced organs, infections and electrical burns
• Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
• Permanent birth control devices that can puncture organs, lead to pelvic pain, abnormal blood loss and unintended pregnancies

As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly due to defects in software.

In 2017, the U.S. Health and Human Services Department stated that throughout 10 years Medicare spent at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Perryville, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.

In February 2022, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of oversights in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who had the replacement joint implanted. When Burger Law was retained by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Perryville, MO

The Federal Drug Administration has firm protocols 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 prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over 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 Perryville, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.

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 someone you love sustained injuries because of reckless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations accountable. 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 common dangerous products we collect compensation for our clients for in Perryville, MO include:

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

Every Burger Law defective products lawyer in Perryville, MO knows that being injured by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Perryville and throughout Missouri receive full 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 wining you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Perryville, 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 Perryville, MO right away at (314) 500-HURT or contact us online to start on the path to being made whole again.