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Defective Products Lawyer in St. Francois County, MO.

Defective Products Lawyer in St. Francois County, 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. Francois County, MO now at (314) 500-HURT or fill out our online form for a free consultation.

Imagine 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 in your car, sit by a computer or work around heavy machinery, and/or use your cell phone at various times during the day. You may use lawnmowers on your free days. You may even have a ankle replacement or other medical device. It seems we're always using or surrounded by some sort of technology that had to be designed, manufactured, shipped and purchased. When there is an error in the chain of distribution and a product becomes defective, it can cause severe injuries to you and your St. Francois County, MO family. If tragedy struck you, you need the expert and devoted legal representation of Burger Law's defective products lawyer team to fight on your behalf and deliver you the full compensation you are owed.

In our In our 70 years of combined experience fighting for fairness and justice, we have secured our clients in St. Francois County and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in St. Francois County, MO right away at (314) 500-HURT.

If you were injured by a dangerous product in St. Francois County, MO, discover how much your claim may be worth by filling out 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. Francois County, MO:

St. Francois County, MO Defective Products Statistics

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

Based on 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 shows the extreme destruction that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.

If you were one of the many people hurt by a dangerous product, call a Burger Law defective products lawyer in St. Francois County, MO for empathetic, committed and knowledgeable support and legal advocacy.

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

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

  1. The company was part of the product's chain of distribution.
  2. The product was used in a way logically anticipated.
  3. One or both of the following:
    1. The product had a defective condition that was unreasonably hazardous when you bought the product that caused you direct harm, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "chain of distribution" refers to anyone involved in the product from initial conception to purchase, including a distributor or vendor. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product may avoid liability if:

  • You discover who the manufacturer is, it has not closed their business and is financially capable of paying you for the entirety 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 comes forward with evidence that the vendor was involved in any other part of the stream of commerce.
  • The motion to dismiss is filed within 60 days.

If those conditions are satisfied, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they had a larger role in the design and manufacture of the product than they led on, were otherwise responsible for the defect or the manufacturer is unable to reimburse you for all of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held responsible.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be completely understood before use by the consumer. This defense will only work for for failure to warn defective products lawsuits, and it is up to the defense to prove that there is no way they could have known about the hazardous condition.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury lawsuits in St. Francois County, MO are based on the notion of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they may be held accountable for your damages and would have to pay you compensation.

However, most product liability or hazardous products claims are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault for any damage that results the reasonable use of a product, 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 St. Francois County, 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:

  1. Design Defect: A design defect is an innate flaw in the design that afterwards affects all of that product model that go on to be manufactured. An example is an electrical appliance that can overheat and cause fires.
  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 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 a tainted batch of something intended for drinking containing a poisonous substance.
  3. Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather 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 a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. The company that makes a product 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 match could start a fire.

Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety protocols for verifying the safety of their products. However, too often companies do not value our safety and concentrate more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in St. Francois County, MO will fight by your side and demand nothing but the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in St. Francois County, MO

Manufacturers, vendors and anyone else in the stream of commerce will often rely on the principle of comparative fault when building their defense. Missouri Revised Statute §537.765 allows for the manufacturer or vendor to put forth the defense that you are liable for a portion of your damages and, therefore, they are not required to compensate you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt an entity involved in the chain of distribution makes to eschew their obligation to reimburse you for the harm they have caused. Your St. Francois County, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Under the statute, the defense may say 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 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. 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 that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can significantly decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car 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 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, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
  • 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 took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you followed recommended safety measures.
  • You did not mitigate your damages. 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 refuse to return to work when you are healthy enough to do so. 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 chain of distribution can — and will — try to convince the court that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies employ a variety of tricks to try and minimize your claim, but your St. Francois County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies are unfair and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you receive, and you owe us nothing until you get the great compensation you deserve. Call Burger Law immediately at (314) 500-HURT for legal advocacy that parallels and eclipses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in St. Francois County, MO

Our defective products lawyer team sees in St. Francois County, 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, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in accident and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous car parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Door latches
  • 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. Francois County, 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 not manufactured, shipped or installed correctly. Common medical devices that your Burger Law defective products lawyer in St. Francois County, 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
  • Pacemakers, which can cause infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to punctured organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can pierce organs, result in pelvic pain, abnormal blood loss and unwanted pregnancies

As the medical industry becomes more technologically advanced, the amount of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly owing to problems with software.

In 2017, the U.S. Health and Human Services Department found that in the course of a decade Medicare had to spend at least $1.5 billion to replace more than 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of helping us. If a defective medical device caused you injuries, your St. Francois County, 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 unnecessary pain you experienced.

In February 2022, Exactech, a manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were negligently packaged and shipped, causing them to deteriorate sooner than anticipated and have caused unthinkable pain and permanent damage to possibly as many as 150,000 people 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 St. Francois County, MO

The Federal Drug Administration has stringent 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 market. With no absolute independent testing many prescriptions reach the shelves 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 they are supposed to be helping. 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. Francois County, MO to stand up to these bullying corporations and let them know that their conduct is deplorable.

Four thousand five hundred 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 someone you love had your condition worsen because of careless pharmaceutical companies and manufacturers, 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 they have caused. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other common defective products we see in St. Francois County, MO include:

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

Call Burger Law Now

St. Francois County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in St. Francois County, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we strive to see the injured in St. Francois County and throughout Missouri recover the best possible compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on getting you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical hardships your injury has taken on you and your St. Francois County, 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 St. Francois County, MO right away at (314) 500-HURT or contact us online to start on your journey to true healing.

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