Defective Products Lawyer in Pettis County, MO.

Defective Products Lawyer in Pettis County, MO. If you or someone you love was injured by a dangerous product, reach out to a Burger law defective products lawyer in Pettis County, MO now at (314) 500-HURT or fill out our online form for a free case evaluation.

Imagine what you do every day: You may make coffee in a coffee maker in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around technology, and/or use your cell phone at various times during the day. You may drive go-carts on your free days. You may even have a pacemaker or other medical device. 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 error in that process and a product becomes dangerous, it can have a devastating effect on Pettis County, MO individuals and families. If tragedy struck you, you need the skilled and dedicated legal services of Burger Law's defective products lawyer team to stand in your corner and deliver you the best possible financial recovery you are owed.

In our In our 30 years of experience standing up for the rights of the injured and vulnerable, we have gotten our clients in Pettis County and throughout Missouri more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Get in touch with a defective products lawyer in Pettis County, MO right away at (314) 500-HURT.

If you were harmed by a faulty product in Pettis County, MO, discover how much your claim may be worth by filling out our free personal injury calculator.



The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Pettis County, 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?

Pettis County, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that defective products result in in excess of 29 million injuries and 21,000 fatalities every year.

Based on data from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous 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 an unsafe product can cause.

If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Pettis County, MO for understanding, devoted and skilled support and legal representation.

How Defective Products Claims Work in Pettis County, MO

Pursuant to Missouri Revised Statute §537.760, you and your Pettis County, MO defective products lawyer can file a "strict liability" suit if three factors are true:

1. The corporation was involved in the product's chain of distribution.
2. The product was used in a manner reasonably anticipated.
3. One or both of the following:
   1. The product was in a defective condition that was unreasonably dangerous when the product was sold that caused you direct harm, and/or
   2. 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 design to sale, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it may be dismissed from the suit if:

• The manufacturer is known, still does business and can afford to pay for the entirety of your injuries.
• The distributor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
• No other party in the case submits evidence that the vendor was involved 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 the aforementioned conditions are fulfilled, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they had a larger role in the design and manufacture of the product than they led on, were otherwise to blame for the fault or the manufacturer is unable to pay 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 you get the great compensation you are owed.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product went to market. This defense will only work for for failure to warn defective products lawsuits, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

The majority of personal injury lawsuits in Pettis County, MO are determined by the idea of negligence. We all have a duty 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 fails in that responsibility, for instance if if you are misdiagnosed because of substandard medical attention they might be held responsible for your damages and would owe you a financial recovery.

However, 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 liable for any damage that stems from the reasonable use of a product, 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 Pettis 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 — at the moment that it got into your hands.

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 fault in the design that subsequently affects all products with the same design. An example is an electrical appliance that can overheat and cause fires.
2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes 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 installing outdated components or using the wrong kind of screws or bolts.
3. Inadequate Warnings and Instructions: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger that could come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer typically does not have to warn against dangers that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to encourage corporations to implement comprehensive safety procedures for ensuring that their products will not put the people who use it at risk. Even so, too often companies do not value our safety and try to focus more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Pettis County, MO will fight on your behalf and demand only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Pettis County, MO

An oft-used defense for manufacturers in a product liability 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 posit that you are responsible for a portion of your injuries and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt an entity involved in the chain of distribution makes to avoid their duty to pay you for the damage their product did to you. Your Pettis County, 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 the public to use it. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. On the other hand, if you use a loaded rifle to prop a door open and it misfires, you likely do not have a claim because the manufacture would not be expected to foresee that happening.
• You used the product in a way that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can considerably reduce 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 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 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 say that any reasonable person would have known that they could be seriously injured doing such a thing.
• You failed 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 using or around highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you obeyed recommended precautions.
• You did not try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to lessen the amount of compensation you are owed. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the chain of distribution can — and will — assert that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ a variety of dishonest ruses to try and lower your claim, but your Pettis County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations 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 compensation you receive, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law right away at (314) 500-HURT for legal representation that rivals and eclipses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Pettis County, MO

Our defective products lawyer team sees in Pettis County, 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 parts. Defective car parts can result in accident and fires, and lead to further injuries when the safety components to not function as they should. Common faulty motor vehicle parts we see are:

• Brakes
• Airbags
• Fuel systems
• Windshield wipers
• Wheels
• Seats
• Headlights and taillights

Offroad vehicles like ATVs can also cause harm, 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 Pettis County, MO

We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Pettis County, MO has seen cause further complications for patients are:

• Artificial joints that can result in infections, instability, chronic soreness or recurring dislocations
• Cardiovascular devises, which can result in 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 faulty, can result in perforated 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 perforate organs, result in pelvic pain, excessive bleeding and unwanted pregnancies

As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the foremost factor.

In 2017, the U.S. Health and Human Services Department announced that over a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Pettis County, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.

Earlier this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused unthinkable pain and lifelong damage to possibly as many as 150,000 patients who were depending on the replacement joint to return their mobility. When Burger Law was contacted by a client, we immediately got to work bringing them what peace of mind we could and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Pettis County, MO

The Federal Drug Administration has stringent 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 shelves whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies value their bottom line over the safety of the people who need medicine and treatments that are truly effective. 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 Pettis County, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable.

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 family member sustained injuries because of careless pharmaceutical companies and corporations, 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 has been inflicted because of their actions. Burger Law has already successfully won claims for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other common defective products we file suit for in Pettis County, MO include:

• Children's toys
• Chemicals such as week killer
• Baby powder
• Household appliances
• Industrial machinery
• Cell phone batteries
• Beauty products

Every Burger Law defective products lawyer in Pettis County, MO knows that being injured by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have dedicated our lives to seeing the vulnerable in Pettis County 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 securing you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your Pettis 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 Pettis County, MO right away at (314) 500-HURT or contact us online to take the first step toward being made whole again.