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Defective Products Lawyer in St. Clair, MO.

Defective Products Lawyer in St. Clair, MO. If you or someone you care about sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in St. Clair, MO now at (314) 500-HURT or fill out our online form for a free case evaluation.

Picture what you do every day: 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 vehicle, sit by a computer or work around machines, and/or use your cell phone on and off throughout the day. You may drive go-carts on your free days. You may even have a knee replacement or other medical device. 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 market. When there is a breakdown in the stream of commerce and a product becomes hazardous, it can have a disastrous effect on St. Clair, MO individuals and families. If tragedy struck you, you need the expert and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the best possible compensation you deserve.

In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have secured our clients in St. Clair and throughout Missouri 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 St. Clair, MO right away at (314) 500-HURT.

If you were harmed by a dangerous product in St. Clair, MO, find out the true value of your claim 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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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in St. Clair, MO:

St. Clair, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that dangerous products cause in excess of 29 million injuries and 21,000 fatalities every year.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous 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 harm that can be caused when manufacturers and vendors do not adhere to the rules.

If you or someone you know was harmed by a hazardous product, call a Burger Law defective products lawyer in St. Clair, MO for understanding, dedicated and expert support and legal advocacy.

How Defective Products Claims Work in St. Clair, MO

According to Missouri Revised Statute §537.760, you and your St. Clair, MO defective products lawyer can make a "strict liability" claim if three factors are true:

  1. The corporation was part of the product's stream of commerce.
  2. You used the product in a way easily foreseen.
  3. One or both of the following:
    1. 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
    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 involved in the product from initial design to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it can be dismissed from the claim if:

  • You discover who the manufacturer is, it has not closed their business and is financially capable of reimbursing you for all of your injuries.
  • The entity that sold it makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
  • No other party in the case presents evidence that the seller 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 satisfied, the distributor 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 liable for the fault or the manufacturer cannot compensate you for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation that they owe you.

Missouri Revised Statute §537.764 has an exception 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 failure to warn product liability cases, and it is up to the defense to prove that there is no way they could have known about the dangerous condition.

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

Most personal injury lawsuits in St. Clair, MO are based on the notion of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they might be found responsible for your damages and would have to pay you compensation.

However, most product liability or hazardous products cases are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is to blame for any damage that stems from 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. Clair, 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 innate flaw in the design that subsequently affects all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
  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 bugs or other contaminants found in beverages or a swing set with a cracked chain.
  3. Failure to Warn of Known Risks or Dangers 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer typically does not have to warn against obvious risks. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement comprehensive safety procedures for guaranteeing the safety of their products. Even so, too often corporations are negligent and try to focus more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in St. Clair, MO will fight by your side and insist on only a complete financial recovery.

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

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the defendants to put forth the argument that you are liable for a portion of the fault and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for the accident, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to get out their responsibility to pay you for the damage their product did to you. Your St. Clair, MO defective products lawyer at Burger Law sees through that. According to the statute, the defense may argue you bear 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 responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant for sitting, standing on one to reach something is common. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. 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 way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can significantly decrease 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 knew of inherent risks of the product while you were using it. This is often called as "Assumption of the risk," a principle in tort claims whereby, if the injured party was aware of risks, 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 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You failed 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 would have been avoided had you followed recommended safety measures.
  • You failed to try to keep your damages to a minimum. 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 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 — work hard to persuade a jury that you share part of the blame, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies employ a lot of tricks to try and minimize your claim, but your St. Clair, MO defective products lawyer at Burger Law knows how to effectively counterattack. 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 collect a moderate percentage of the financial recovery you are awarded, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal advocacy that parallels and exceeds that of bullying manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in St. Clair, MO

Our defective products lawyer team sees in St. Clair, 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, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in collisions and fires, and lead to further injuries when the safety components to not work as they should. Common defective motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wires
  • Wheels
  • Steering systems
  • Headlights and taillights

Alternative 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 St. Clair, MO

Medical devices are intended 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. Examples of medical devices that your Burger Law defective products lawyer in St. Clair, MO has seen be defective are:

  • Artificial joints that can result in infections, instability, pain or repeated dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
  • Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can lead to perforated organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control implements that can perforate organs, lead to pain in the pelvic region, abnormal hemorrhaging and unintended pregnancies

As the medical industry keeps coming up with more and more advanced technologies, the numbers of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the number one factor.

In 2017, the U.S. Health and Human Services Department found that over 10 years Medicare had to spend at least $1.5 billion to replace more than 73,000 defective heart devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a flawed medical device caused you damages, your St. Clair, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were improperly packaged and shipped, causing them to deteriorate too quickly and have caused unimaginable pain and lifelong 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 view the complaint we filed for our first client by clicking the button below:

View Complaint

Defective Drug Lawyer in St. Clair, MO

The Federal Drug Administration has stringent protocols 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 whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line 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 St. Clair, MO to stand up for the vulnerable and let these corporations know that their conduct is deplorable.

Four thousand five hundred prescriptions and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or a family member had your condition deteriorate because of irresponsible pharmaceutical companies and corporations, call 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 has been inflicted because of their actions. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other examples of defective products we file suit for in St. Clair, 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

St. Clair, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in St. Clair, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your life. That is why we strive to see the injured in St. Clair 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 getting you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical toll your injury has inflicted on you and your St. Clair, MO family. We will stand 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 St. Clair, MO right away at (314) 500-HURT or contact us online to start on your journey to true healing.

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