have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Pleasant Hill, MO.
Defective Products Lawyer in Pleasant Hill, MO. If you or a family member sustained an injury because of a dangerous product, call a Burger law defective products lawyer in Pleasant Hill, MO right away at (314) 500-HURT or fill out our online form for a complimentary case review.
Think of what your daily like looks like: You may have a skincare routine or put on some hair gel 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 iPhone throughout the day. You may go boating on the weekend. You may even have a pacemaker or other medical device. It seems we're always using or surrounded by some sort of product that had to be engineered, produced, shipped and bought. When there is a breakdown in that process and a product becomes hazardous, it can have a devastating effect on on your life and lives of those you love in Pleasant Hill, MO. If tragedy struck you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the full compensation you deserve.
In our 30 years of negotiation, litigation and trial experience, we have gotten our clients in Pleasant Hill and throughout Missouri over $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Pleasant Hill, MO today at (314) 500-HURT.
If you were harmed by a dangerous product in Pleasant Hill, MO, learn how much your claim may be worth by filling out our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Pleasant Hill, 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?
Pleasant Hill, MO Defective Products Statistics
The Consumer Product Safety Commission states that faulty products account 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 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 extreme harm that can be caused when manufacturers and distributors do not follow adequate safety protocols.
If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Pleasant Hill, MO for passionate, committed and expert support and legal representation.
How Defective Products Claims Work in Pleasant Hill, MO
Under Missouri Revised Statute §537.760, you and your Pleasant Hill, MO defective products lawyer can file a "strict liability" suit if three conditions are true:
- The corporation was part of the product's chain of distribution.
- You used the product in a manner easily anticipated.
- One or both of the following:
- The product was in a defective condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.
The "stream of commerce" refers to anyone involved in the product from initial conception 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 avoid liability if:
- You discover who the manufacturer is, it has not closed their business and is able to compensate you for the entirety of your damages.
- The distributor makes an affidavit under oath 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 vendor took part in any other facet of the design and manufacturing process.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If those conditions are met, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the design and manufacture of the product than they led on, were otherwise at fault for the hazardous condition or the manufacturer is unable to pay for the entirety of your damages, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure you get the great compensation that they owe you.
Missouri Revised Statute §537.764 mentions a caveat 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 product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.
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 suits in Pleasant Hill, MO are determined by the notion of negligence. We all have an obligation 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 are injured by a fatigued truck driver they may be held responsible for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or dangerous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is to blame for any damage 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 Pleasant Hill, 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:
- Design Defect: A design defect is an inherent imperfection in the design that afterwards affects all products with the same design. An example is a toy intended for children that contains a choking hazard.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes in the manufacturing process. This can either only make one product hazardous, 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 leaving sharp edges on plastic or other materials.
- Insufficient Warnings and Instructions: 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 failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer typically does not have to warn against obvious risks. 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 thorough safety protocols for verifying 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 cause any damage. When that happens, your Burger Law defective products lawyer in Pleasant Hill, MO will fight on your behalf and insist on only the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in Pleasant Hill, MO
An oft-used defense for manufacturers in a dangerous product lawsuit is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 permits for the defendants to posit that you share a portion of your injuries and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent liable for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a defendant makes to get out their responsibility to pay you for the harm they have caused. Your Pleasant Hill, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative fault if the following situations apply:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. 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 that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to totally avoid fault but can considerably diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto crash. 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 principle in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
- 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 did not follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. If you took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not adhered to recommended precautions.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. 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 — assert that comparative negligence applies to your lawsuit, that does not mean they will be successful. Bullying corporations and insurance companies employ a variety of tricks to try and minimize your claim, but your Pleasant Hill, 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 make an injury claim before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the financial recovery you are awarded, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law right away at (314) 500-HURT for legal representation that parallels and eclipses that of resistant manufacturers and sellers and insurance companies.
Defective Vehicle Parts Lawyer in Pleasant Hill, MO
Our defective products lawyer team sees in Pleasant Hill, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common defective automobile components we see are:
- Fuel systems
- Electrical systems
- Steering systems
- Headlights and taillights
Alternative vehicles like ATVs can also cause damage, 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 Pleasant Hill, MO
Medical devices are meant to improve the lives of the people who need them. But, sometimes they actually do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Pleasant Hill, MO has seen cause further complications for patients include:
- Artificial hips, knees or other joints that can cause infections, limited mobility, pain or recurring dislocations
- Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
- Surgical robots intended to operate on hard to reach areas which, when defective, can result in perforated organs, infections and internal burns
- Blood clot filters that permit dislodged blood clots to slip into the lungs
- Permanent birth control devices that can pierce organs, cause pain in the pelvic region, abnormal blood loss and unintended pregnancies
As the medical industry keeps coming up with more and more advanced technologies, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, mostly as a result of issues with software.
In 2017, the U.S. Health and Human Services Department announced that over a decade Medicare spent at least $1.5 billion to replace over 73,000 flawed cardiovascular devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a flawed medical device caused you injuries, your Pleasant Hill, MO defective injuries lawyer at Burger Law will hold the responsible parties accountable and make sure you collect a full financial recovery for all of the unneeded pain you experienced.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unthinkable pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 our original complaint by clicking the link below:
Defective Drug Lawyer in Pleasant Hill, MO
The Federal Drug Administration has strict protocols for the testing, labeling, packaging and shipping of prescription drugs. 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 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 truly help their condition. 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 Pleasant Hill, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.
Hundreds of thousands of prescriptions 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 someone you care about had your condition worsen because of reckless pharmaceutical companies and manufacturers, reach out to a Burger Law defective products injury lawyer now. We fight hard to see justice served by winning you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers accountable when their actions have taken someone from their family too soon.
Other common defective products we see in Pleasant Hill, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Call Burger Law Now
Pleasant Hill, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Pleasant Hill, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we strive to see the injured in Pleasant Hill and throughout Missouri collect the best possible 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 wining you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has taken on you and your Pleasant Hill, MO family. We will fight by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Pleasant Hill, MO now at (314) 500-HURT or contact us online to start on the path to a true recovery.