have you been injured by a dangerous product in Missouri? Call Burger Law now. Defective Products Lawyer in Republic, MO. Defective Products Lawyer in Republic, MO. If you or someone you love sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Republic, MO immediately at (314) 500-HURT or fill out our online form for a free consultation. Imagine your daily routine: 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 go 4-wheeling on the weekend. You may even have a ankle replacement or other medical implant. It seems we're always using or surrounded by some sort of product 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 hazardous, it can cause severe injuries to you and your Republic, MO family. 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 secure you the great compensation you deserve. In our In our 70 years of combined experience fighting for fairness and justice, we have gotten our clients in Republic and throughout Missouri over $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Republic, MO now at (314) 500-HURT. If you were injured by a faulty product in Republic, MO, see the true value of your claim by filling out our free personal injury calculator. Chesterfield, MOChesterfield, MO100 Chesterfield Business PkwySuites 200-222Chesterfield, MO 63005By appointment onlyPhone: (314) 648-8348View Location Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Republic, 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? Republic, MO Defective Products Statistics The Consumer Product Safety Commission states that dangerous products result in over 29 million injuries and 21,000 fatalities each year. According to facts 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 unbelievable ruin an unsafe product can cause. If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in Republic, MO for empathetic, devoted and experienced support and legal advocacy. How Defective Products Claims Work in Republic, MO According to Missouri Revised Statute §537.760, you and your Republic, MO defective products lawyer can make a "strict liability" claim if three conditions are true: The defendant was part of the product's design, manufacture, distribution and sale. You used the product in a way easily expected. One or both of the following: The product had a faulty condition that was unreasonably hazardous when you bought the product that caused you direct harm, and/or Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions. The "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial design to purchase, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product can avoid liability if: The manufacturer is known, still exists and can afford to compensate you for all of your injuries. The entity that sold it signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it. No other party in the case puts forward evidence that the seller was involved in any other facet of the design and manufacturing process. The dismissal is requested to the court 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 proves that they were actually involved in the design or manufacture of the product, were otherwise at fault for the defect or the manufacturer cannot reimburse you for all of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great compensation that they owe you. 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 was introduced to the public. This defense is only applicable to for inadequate warning product liability claims, and the burden of proof is on the defense. Have You Been Injured from a Dangerous Product?Have You Been Injured from a Dangerous Product?Click to view videoWhat Do I Have to Prove to Win A Defective Product Liability Lawsuit?What Do I Have to Prove to Win A Defective Product Liability Lawsuit?Click to view videoCloseClose Strict Liability and Negligence in Defective Products Claims: What's the Difference? The majority of personal injury suits in Republic, MO are determined by the idea of negligence. We all have a civil duty to not carelessly cause harm 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 example if if you are misdiagnosed because of substandard medical attention they might be found responsible for your damages and would have to pay you compensation. However, most product liability or hazardous products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault for any injuries that results 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 Republic, 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: Design Defect: A design defect is an inherent defect in the design that subsequently affects all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks. 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 only make one product defective, 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 leaving sharp edges on plastic or other materials. Insufficient Warnings and Instructions: 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 danger 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 food packaging that does not mention all the ingredients and causes an allergic reaction. The company that makes a product typically does not have to warn against obvious dangers. 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 exhaustive safety protocols for ensuring the safety of their products. Even so, too often companies do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Republic, MO will hold them accountable by conducting a full investigation of your case and demanding only the best possible compensation. Comparative Negligence in Defective Productions Claims in Republic, MO Manufacturers, vendors and anyone else in the stream of commerce will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to posit that you are responsible for a portion of your damages and, therefore, they are not required to compensate 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 at fault for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to avoid their responsibility to pay you for the damage their product did to you. Your Republic, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may argue 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 responsible for ensuring the product is safe for reasonable or predictable use. 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 happening. You used the product in a manner the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to completely avoid liability but can considerably decrease it. Say 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, you understand that using a sharp kitchen knife can cut you if you are not extremely careful. You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. 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 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 power tools or heavy machinery and neglected to wear protection for your eyes or gloves, 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 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 you have no right to ask them for money they do not owe you. Just because the defense can — and will — work hard to persuade a jury that comparative fault applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies use myriad tricks to try and minimize your claim, but your Republic, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations are unfair and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the compensation you receive, and we do not collect any attorney's fees until you get the great compensation you deserve. Get in touch with Burger Law today at (314) 500-HURT for legal representation that parallels and exceeds that of bullying corporations and insurance adjusters. Defective Vehicle Parts Lawyer in Republic, MO Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Republic, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can cause wrecks and fires, and lead to further injuries when the safety components to not function as they should. Common defective car components we see are: Brakes Airbags Fuel systems Electrical wiring Tires 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 Republic, MO We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further injuries when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Republic, MO has seen be defective are: Artificial joints that can lead to infections, limited mobility, chronic soreness or recurring dislocations Cardiovascular devises, which can result in infections or even wrongful death because of premature failures Robotic surgical assistants intended to operate on hard to reach areas which, when faulty, can lead to pierced organs, infections and internal burns Blood clot filters that allow dislodged blood clots to slip into the lungs Permanent birth control devices that can pierce organs, cause pelvic pain, abnormal hemorrhaging and unintended pregnancies As the medical industry becomes more technologically advanced, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the major cause. In 2017, the U.S. Health and Human Services Department reported that throughout a decade Medicare had to spend at least $1.5 billion to replace over 73,000 flawed heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of easing it. If a flawed medical device caused you damages, your Republic, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed. In February of this year, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. 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 permanent damage to possibly as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 link below: View Complaint Defective Drug Lawyer in Republic, MO The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey from manufacturing to delivery. 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 prescriptions reach the shelves 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, 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 Republic, MO to stand up to these bullying corporations and make them realize that their conduct is intolerable. Four thousand five hundred drugs and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or a loved one had your condition worsen because of careless pharmaceutical companies and corporations, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by winning you compensation and holding negligent corporations accountable. 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 examples of dangerous products we see in Republic, MO include: Children's toys Chemicals such as cleaning products Baby powder Household appliances Industrial machinery Cell phone batteries Cosmetic products Call Burger Law Now Republic, MO Defective Products Lawyer | Burger Law Every Burger Law defective products lawyer in Republic, MO knows that when manufacturers and vendors fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we have committed our lives to seeing the vulnerable in Republic and throughout Missouri recover fair 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 securing you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical toll your injury has taken on you and your Republic, 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 Republic, MO right away at (314) 500-HURT or contact us online to start on the path to true healing.