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Defective Products Lawyer in St. Charles, MO.

Defective Products Lawyer in St. Charles, MO. If you or someone you love was injured by a dangerous product, call a Burger law defective products lawyer in St. Charles, MO immediately at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Think of your daily routine: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work on a bus, sit at in a chair or work around heavy machinery, and/or use your android at various times during the day. You may go boating on the weekend. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of product that at one point was engineered, manufactured, shipped and sold. When there is an oversight 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 St. Charles, MO. If tragedy struck you, you need the accomplished and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and win you the maximum compensation you deserve.

In our three decades of negotiation, litigation and trial experience, we have won our clients in St. Charles and beyond over $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in St. Charles, MO now at (314) 500-HURT.

If you were injured by a faulty product in St. Charles, MO, learn how much your claim may be worth by utilizing our complimentary personal injury calculator.



Chesterfield, MO

Chesterfield, MO

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

By appointment only

Phone: (314) 648-8348

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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in St. Charles, MO:

How Common Are Defective Products in St. Charles, MO?

The Consumer Product Safety Commission estimates that defective products account for over 29 million injuries and 21,000 fatalities every year.

According to statistics 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 incredible devastation that can be caused when manufacturers and vendors do not obey adequate safety protocols.

If you were one of the many people injured by a hazardous product, call a Burger Law defective products lawyer in St. Charles, MO for empathetic, committed and talented support and legal advocacy.

What is the Process for Defective Products Claims in St. Charles, MO?

Pursuant to Missouri Revised Statute §537.760, you and your St. Charles, MO defective products lawyer can file a "strict liability" suit if three conditions are true:

  1. The company was part of the product's stream of commerce.
  2. You used the product in a manner logically expected.
  3. One or both of the following:
    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. You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including the person or entity that sold you the product. Pursuant 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 paying you for all of your injuries.
  • The vendor signs 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 seller took part in any other part of the design and manufacturing process.
  • The dismissal is requested to the judge within 60 days.

If the above 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 demonstrates that they were actually involved in the design or manufacture of the product, were otherwise responsible for the defect or the manufacturer is unable to compensate 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 to-blame party is held responsible.

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 is only applicable to for inadequate warning product liability cases, 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 claims in St. Charles, MO are determined by the idea of negligence. We all have a duty to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that responsibility, for instance if are injured by a fatigued truck driver they might be found responsible for your damages and would have to pay you compensation.

However, most product liability or defective products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is accountable 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 St. Charles, 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:

  1. Design Defect: A design defect is an inherent imperfection in the design that subsequently affects all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
  2. 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 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 bugs or other contaminants found in beverages or not properly fastening components to each other.
  3. Insufficient Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about innate risks. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer generally does not have to warn against risks that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety protocols for guaranteeing that their products will not pose a danger to the public. Even so, too often companies do not value our safety 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 St. Charles, MO will hold them accountable by conducting a full investigation of your case and demanding only maximum compensation.

Comparative Negligence in Defective Productions Claims in St. Charles, MO

A common defense for manufacturers in a defective products lawsuit is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the chain of distribution to argue that you share a portion of the fault and, therefore, they are not liable for 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 responsible for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt a manufacturer makes to avoid their obligation to pay you for the damage their product did to you. Your St. Charles, 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 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 the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle collision. 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 whereby, 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. 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 would have been avoided had you adhered to recommended precautions.
  • You did not mitigate your damages. In any personal injury claim, you are expected to try to lessen the amount of compensation you are owed. For example, you cannot refuse to return to work when you are healthy enough to do so. 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 — try to convince the court that comparative fault applies to your injuries, that does not mean they will be successful. Bullying corporations and insurance companies use myriad deceitful tactics to try and lower your claim, but your St. Charles, 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. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you collect, and you do not pay us anything until you get the great compensation you deserve. Call Burger Law today at (314) 500-HURT for legal counsel that rivals and eclipses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in St. Charles, MO

Our defective products lawyer team sees in St. Charles, MO sees more defective vehicles than any other product, both because of their ubiquity 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 parts. Defective car parts can cause accident and fires, and lead to further injuries when the safety components to not work as they should. Common faulty automobile components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Tires
  • Door latches
  • Engine cooling fan blades

Alternative vehicles like 4-wheelers can also cause damage, 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 St. Charles, MO

Medical devices are meant 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 injuries when they are defective. Examples of medical devices that your Burger Law defective products lawyer in St. Charles, MO has seen cause further complications for patients are:

  • Artificial hips, knees or other joints that can cause infections, instability, chronic soreness or frequent dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they malfunction, can lead to pierced organs, infections and electrical burns
  • Blood clot filters that allow dislodged blood clots to travel up to the lungs
  • Permanent birth control devices that can pierce organs, cause pain in the pelvic region, excessive bleeding and unplanned pregnancies

As the medical industry becomes more high-tech, medical device recalls have soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly owing to defects in software.

In 2017, the U.S. Health and Human Services Department stated that over 10 years Medicare spent at least $1.5 billion to replace more than 73,000 faulty cardiovascular devices alone. Medical devices should help mitigate pain and extend our lifespans, not cause further damage. If a faulty medical device ended up worsening your condition, your St. Charles, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you collect a full financial recovery for all of the unnecessary pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were intended to and have caused incredible pain and permanent damage to possibly as many as 150,000 patients who had received the replacement joint. When Burger Law was retained by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read our original complaint here:

View Complaint

Defective Drug Lawyer in St. Charles, MO

The Federal Drug Administration has strict procedures for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. With no absolute third-party testing many drugs reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit over 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 St. Charles, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.

Four thousand five hundred medications and medical devices are taken off the national market each year, 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 deteriorate because of careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by securing you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from this world too soon.

Other examples of dangerous products we collect compensation for our clients for in St. Charles, MO include:

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

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St. Charles, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in St. Charles, MO knows that being injured by a hazardous product can completely upend your daily routine, your family and even your present and future financial security. That is why we strive to see the vulnerable in St. Charles and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we do not hesitate to start working on delivering you a financial recovery for all of your medical bills and lost wages, as well as the emotional and physical hardships your injury has taken on you and your St. Charles, 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 St. Charles, MO today at (314) 500-HURT or contact us online to start on your journey to being made whole again.

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