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Defective Products Lawyer in St. James, MO.

Defective Products Lawyer in St. James, MO. If you or someone you care about was hurt by a dangerous product, reach out to a Burger law defective products lawyer in St. James, MO today at (314) 500-HURT or fill out our online form for a complimentary case review.

Picture what your daily like looks like: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit at in a chair or work around technology, and/or use your iPhone on and off throughout the day. You may drive go-carts on the weekend. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be engineered, produced, packaged and sold. When there is an error in the chain of distribution and a product becomes hazardous, it can cause serious harm to you and your St. James, MO family. When that happens to you, you need the knowledgeable and dedicated legal representation of Burger Law's defective products lawyer team to fight on your behalf and deliver you the full compensation you deserve.

In our three decades of negotiation, litigation and trial experience, we have gotten our clients in St. James and throughout Missouri in excess of $170 million. Talking to us is free, so there's no reason to wait. Get in touch with a defective products lawyer in St. James, MO today at (314) 500-HURT.

If you were injured by a faulty product in St. James, MO, see how much your claim may be worth by using 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. James, MO:

St. James, MO Defective Products Statistics

The Consumer Product Safety Commission has found that hazardous products result in over 29 million injuries and 21,000 fatalities annually.

According to data from the Insurance Information Institute, in 2019 the mean average that people injured by defective products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the unbelievable destruction an unsafe product can cause.

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

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

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

  1. The person was part of the product's chain of distribution.
  2. You used the product in a manner logically foreseen.
  3. Either or both of the following conditions:
    1. The product was in a faulty condition that was unreasonably hazardous when it left the manufacturer's or seller'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 purchase, including the person or entity that sold you the product. According to Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the claim if:

  • The manufacturer is known, still does business and is financially capable of paying you for all of your injuries.
  • The distributor makes an affidavit under oath that their only involvement in the process was selling it.
  • There is no evidence is submitted to the court that the distributor was involved in any other aspect of the chain of distribution.
  • The dismissal is requested to the judge within 60 days.

If the above conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they had a larger role in the design and manufacture of the product than they led on, were otherwise liable for the fault or the manufacturer cannot compensate you for all of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every liable party is held responsible.

Missouri Revised Statute §537.764 mentions a caveat for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product went to market. This defense will only work for for inadequate warning defective products cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in St. James, MO are determined by the notion of negligence. We all have an responsibility to each other's safety in certain situations; for example, St. James, MO dog owners must always have control of their dog. When someone is negligent, for instance if if you are misdiagnosed because of substandard medical attention they may be held accountable for your damages and would have to pay you a financial recovery.

However, most product liability or hazardous products cases are strict liability claims, meaning that anyone in the chain of distribution is responsible 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. James, 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:

  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 vehicles that have a tendency to roll over if the driver swerves quickly.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become dangerous 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 incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
  3. Failure to Warn of Known Dangers or Risks That Should Have Been Foreseen: This occurs when the product was not hazardous 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 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 obvious risks. 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 thorough safety procedures for guaranteeing the safety of their products. Even so, too often corporations do not value our safety and spend more energy on their bottoms line than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in St. James, MO will hold them responsible by conducting a full investigation of your case and demanding only the best possible compensation.

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

An oft-used defense for manufacturers in a defective products claim is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the chain of distribution to put forth the argument that you are liable for a portion of your injuries and, therefore, they are not obligated to reimburse you for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt an entity involved in the stream of commerce makes to avoid their responsibility to reimburse you for the harm they have caused. Your St. James, MO defective products lawyer at Burger Law sees through that. Under 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 manner the manufacturer could foresee. A manufacturer or vendor 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 use a loaded gun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not be expected to foresee that happening.
  • You used the product in a way that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably decrease it but can considerably diminish it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto accident. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
  • You knew of inherent hazards of the product while you were using it. This is often referred to 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 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 neglected 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 highly corrosive materials and neglected to wear protection for your eyes or gloves, the defense can argue your injuries would have been avoided had you followed proper protocols.
  • 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 seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the stream of commerce can — and will — try to convince the court that comparative fault applies to your injuries, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies implement numerous dishonest ruses to try and minimize your claim, but your St. James, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations will try everything to avoid paying you and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you are awarded, and you do not pay us anything until we win your case. Call Burger Law right away at (314) 500-HURT for legal representation that parallels and surpasses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in St. James, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in St. James, MO. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can result in crashes and fires, and lead to further injuries when the safety components to not function as they should. Common faulty motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Electrical wires
  • Wheels
  • Door latches
  • Engine cooling fan blades

Offroad vehicles like 4-wheelers 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. James, 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. Common medical devices that your Burger Law defective products lawyer in St. James, MO has seen be defective are:

  • Artificial joints that can cause infections, instability, chronic soreness or repeated dislocations
  • Cardiovascular devises, which can result in infections or even wrongful death because of premature failures
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can cause pierced organs, infections and electrical burns
  • Blood clot filters that allow dislodged blood clots to invade the lungs
  • Permanent birth control implements that can perforate organs, lead to pain in the pelvic region, excessive hemorrhaging and unplanned pregnancies

As the medical industry becomes more high-tech, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the foremost cause.

In 2017, the U.S. Health and Human Services Department stated that over a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a faulty medical device caused you damages, your St. James, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February 2022, Exactech, a manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 people who had the replacement joint implanted. When Burger Law was contacted 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. James, MO

The Federal Drug Administration has stringent protocols for the testing, labeling, packaging and shipping of prescription drugs. 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 drugs reach the market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies 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. James, MO to stand up to these bullying corporations and make them realize that their behavior is unacceptable.

Hundreds of thousands of medications and medical devices are recalled in the U.S. each year, and that is often after many people have already turned to them for treatment and relief. If you or a family member had your condition worsen because of careless pharmaceutical companies and corporations, contact 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 actions have taken someone from this world too soon.

Other common dangerous products we collect compensation for our clients for in St. James, MO include:

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

Call Burger Law Now

St. James, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in St. James, MO knows that being harmed 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. James and throughout Missouri be compensated 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 costs and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your St. James, MO family. We will fight 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 St. James, MO now at (314) 500-HURT or contact us online to take the first step toward true healing.

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