have you been injured by a dangerous product in Missouri? Call Burger Law now. Defective Products Lawyer in Riverside, MO. Defective Products Lawyer in Riverside, MO. If you or a loved one sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Riverside, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case review. Picture what you do every day: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on a bus, sit by a computer or work around machines, and/or use your iPhone on and off throughout the day. You may go boating on the weekend. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of product that at one point was engineered, manufactured, shipped and bought. When there is a breakdown in that process and a product becomes hazardous, it can cause serious injuries to you and your Riverside, MO family. If tragedy struck you, you need the skilled and committed legal services of Burger Law's defective products lawyer team to stand in your corner and deliver you the maximum compensation you are owed. In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Riverside and beyond more than $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in Riverside, MO now at (314) 500-HURT. If you were harmed by a defective product in Riverside, MO, find out how much your claim may be worth by utilizing our complimentary personal injury calculator. Chesterfield, MOChesterfield, MO100 Chesterfield Business PkwySuites 200-222Chesterfield, MO 63005By appointment onlyPhone: (314) 648-8348View Location The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Riverside, 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 Riverside, MO? The Consumer Product Safety Commission states that defective products cause more than 29 million injuries and 21,000 fatalities every year. According to statistics 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 ruin that can be caused when manufacturers and distributors do not follow proper safety measures. If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in Riverside, MO for compassionate, devoted and expert support and legal representation. How Defective Products Claims Work in Riverside, MO According to Missouri Revised Statute §537.760, you and your Riverside, MO defective products lawyer can make a "strict liability" claim if three conditions are met: The corporation was involved in the product's design, manufacture, distribution and sale. The product was used in a way reasonably foreseen. One or both of the following: The product had a faulty condition that was unreasonably hazardous when the product was sold that was the proximate cause of your injuries, and/or You were injured because there was a dangerous characteristic of the product and the labeling or instructions did not give adequate warning. The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to sale, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can avoid liability if: You discover who the manufacturer is, it has not closed their business and is able to pay for all of your damages. The vendor 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 vendor was involved in any other aspect of the stream of commerce. The motion to dismiss is filed within 60 days. If the aforementioned conditions are met, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise to blame for the dangerous condition or the manufacturer is unable to compensate you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure you get the great financial recovery you are owed. Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense is only valid for failure to warn product liability cases, 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 Negligence vs. Strict Liability in Defective Products Cases The majority of personal injury claims in Riverside, MO are based on the idea of negligence. We all have a civil duty to not carelessly cause harm to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that duty, for example if are injured by a fatigued truck driver they can be found liable for your damages and would owe you a financial recovery. By contrast, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is liable 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 Riverside, 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: Design Defect: A design defect is an inherent defect in the design that afterwards affects all products with the same design. An example is an electrical appliance that can overheat and cause fires. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either only make one product defective, 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 installing outdated components or a tainted batch of something intended for drinking containing a poisonous substance. Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but instead 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 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 generally 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 hold corporations accountable and persuade them to implement comprehensive safety protocols for guaranteeing that their products will not put the people who use it at risk. Even so, too often companies are negligent and spend more energy on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Riverside, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but maximum compensation. Comparative Negligence in Defective Productions Claims in Riverside, MO Manufacturers, vendors and anyone else in the chain of distribution will often rely on the theory of comparative negligence when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or seller to posit that you are responsible for a portion of the fault and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent liable for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt an entity involved in the chain of distribution makes to get out their obligation to reimburse you for the damage their product did to you. Your Riverside, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances apply: You did not use the product in a way 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. 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 reasonably foresee that happening. You used the product in a way 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 significantly 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 called as "Assumption of the risk," a principle 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 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was. 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 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 have a duty to try to lessen the financial recovery you are owed. 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 people in the stream of commerce can — and will — try to convince the court that comparative fault applies to your case, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies implement numerous deceitful tactics to try and minimize your claim, but your Riverside, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you 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 financial recovery you receive, and you do not pay us anything until we win your case. Call Burger Law now at (314) 500-HURT for legal advocacy that parallels and eclipses that of bullying corporations and insurance companies. Defective Vehicle Parts Lawyer in Riverside, MO Our defective products lawyer team sees in Riverside, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components are involved. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common faulty motor vehicle components we see are: Brakes Airbags Ignitions Electrical wiring Wheels Seats Accelerators 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 Riverside, MO Medical devices are intended to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and cause us further complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Riverside, 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 Pacemakers, which can cause infections or even wrongful death because of premature failures Surgical robots intended to operate on hard to reach areas which, when they malfunction, can result in pierced organs, infections and internal burns Blood clot filters that permit dislodged blood clots to slip into the lungs Permanent birth control implements that can perforate organs, lead to pain in the pelvic region, excessive blood loss and unwanted pregnancies As the medical industry keeps inventing more and more advanced technologies, the amount of recalls issued for medical devices has skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the chief cause. In 2017, the U.S. Health and Human Services Department reported that over 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of improving our lives. If a faulty medical device caused you damages, your Riverside, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed. In February 2022, Exactech, a manufacturer of joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to degrade too quickly and have caused incredible pain and permanent damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view our original complaint here: View Complaint Defective Drug Lawyer in Riverside, MO The Federal Drug Administration has stringent protocols that pharmaceutical companies must adhere to from manufacturing to sale. 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. With no absolute independent testing many medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies 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, 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 Riverside, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable. Hundreds of thousands of drugs 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 corporations, get in touch with a Burger Law defective products injury lawyer now. We fight hard to see justice served by winning you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from this world too soon. Other examples of defective products we see in Riverside, MO include: Children's toys Chemicals such as cleaning products Baby powder Household appliances Industrial equipment Cell phone batteries Beauty products Call Burger Law Now Riverside, MO Defective Products Lawyer | Burger Law Every Burger Law defective products lawyer in Riverside, MO knows that being harmed by a dangerous product can completely upend your life. That is why we have dedicated our careers to seeing the injured in Riverside and throughout Missouri collect maximum 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 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 Riverside, 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 Riverside, MO immediately at (314) 500-HURT or contact us online to take the first step toward true healing.