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Defective Products Lawyer in Pevely, MO.

Defective Products Lawyer in Pevely, MO. If you or someone you love sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Pevely, MO immediately at (314) 500-HURT or fill out our online form for a free case review.

Picture what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit by a computer or work around heavy equipment, and/or use your android at various times during the day. You may go boating on your free days. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of product that at one point was designed, manufactured, shipped and purchased. When there is a breakdown in that process and a product becomes dangerous, it can have a disastrous effect on Pevely, MO individuals and families. If tragedy struck you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand in your corner and get you the full compensation you are owed.

In our In our 30 years of experience fighting for the rights of the injured and vulnerable, we have secured our clients in Pevely and throughout Missouri over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Pevely, MO now at (314) 500-HURT.

If you were injured by a dangerous product in Pevely, MO, see how much your claim may be worth by utilizing our free personal injury calculator.



Chesterfield, MO

Chesterfield, MO

100 Chesterfield Business Pkwy
Suites 200-222
Chesterfield, MO 63005

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Phone: (314) 648-8348

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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Pevely, MO:

Pevely, MO Defective Products Statistics

The Consumer Product Safety Commission has found that hazardous products result in more than 29 million injuries and 21,000 fatalities every year.

According to facts 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 unbelievable ruin an unsafe product can cause.

If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Pevely, MO for passionate, dedicated and expert support and legal counsel.

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

Pursuant to Missouri Revised Statute §537.760, you and your Pevely, MO defective products lawyer can make a "strict liability" claim if three factors are met:

  1. The company was involved in the product's stream of commerce.
  2. The product was used in a way logically foreseen.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably dangerous when it left the manufacturer's or vendor's that was the proximate cause of your injuries, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "stream of commerce" refers to anyone involved in the product from initial design to purchase, including a distributor or vendor. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the lawsuit if:

  • The manufacturer is known, has not closed their business and is financially capable of compensating you for the entirety of your damages.
  • The vendor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
  • There is no evidence is presented to the court that the vendor 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 seller 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 reimburse you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every liable party is held responsible.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be entirely understood before use by the public. This defense is only applicable to for inadequate warning product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

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

Most personal injury cases in Pevely, MO are determined by the conception of negligence. We all have a civil duty to not recklessly cause injuries to other people 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 instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or defective products claims come down to strict liability, meaning that anyone in the chain of distribution 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 Pevely, 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 you acquired it.

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 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.
  2. 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, 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 not properly fastening components to each other.
  3. Failure to Warn of Known Risks or Risks 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 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 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 anticipate. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to hold corporations accountable and persuade them to implement exhaustive safety protocols for guaranteeing that their products will not put the people who use it at risk. However, too often companies do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Pevely, MO will fight by your side and demand nothing but the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Pevely, MO

Manufacturers, sellers 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 argue that you are liable for a portion of the fault and, therefore, they are not liable for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for the accident, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to get out their obligation to pay you for the damage their product did to you. Your Pevely, 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 fault 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. By contrast, 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, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car accident. A pharmaceutical company could reasonably see 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 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously injured doing such a thing.
  • You neglected to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, 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 have a duty to try to keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that have nothing to do with. 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 — work hard to persuade a jury that comparative negligence applies to your case, that does not mean the claim is automatically true. Bullying corporations and insurance companies employ myriad deceitful tactics to try and minimize your claim, but your Pevely, 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 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 compensation you receive, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law right away at (314) 500-HURT for legal representation that parallels and exceeds that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Pevely, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Pevely, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and fail to protect occupants from harm as intended. Common defective car components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Tires
  • Seats
  • Accelerators

Offroad vehicles like ATVs can also cause injuries, for instance many of them are prone 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 Pevely, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us further complications when not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in Pevely, MO has seen cause further complications for patients include:

  • Artificial hips, knees or other joints that can cause infections, limited mobility, pain or frequent dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause 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, result in pelvic pain, excessive blood loss and unwanted pregnancies

As the medical industry keeps inventing more and more advanced technologies, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the chief cause.

In 2017, the U.S. Health and Human Services Department reported that in the course of a decade Medicare had to spend at least $1.5 billion to replace more than 73,000 flawed cardiovascular devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a flawed medical device ended up worsening your condition, your Pevely, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. 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 patients who had received the replacement joint. When Burger Law was made aware of the defect 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 Pevely, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must obey from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit over 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 Pevely, MO to stand up to these bullying corporations and let them know that their behavior is deplorable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or a loved one sustained injuries because of careless pharmaceutical companies and manufacturers, get in touch with 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 selfishness has taken someone from their family too soon.

Other common dangerous products we collect compensation for our clients for in Pevely, 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

Pevely, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Pevely, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your life. That is why we endeavor to see the vulnerable in Pevely and throughout Missouri receive fair compensation 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 getting you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Pevely, 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 Pevely, MO now at (314) 500-HURT or contact us online to take the first step toward true healing.

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