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Defective Products Lawyer in St. Louis, MO.

Defective Products Lawyer in St. Louis, MO. If you or a loved one sustained an injury because of a dangerous product, call a Burger law defective products lawyer in St. Louis, MO now at (314) 500-HURT or fill out our online form for a complimentary consultation.

Picture your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your car, sit at in a chair or work around heavy machinery, and/or use your cell phone at various times during the day. You may go boating on the weekend. 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 has gone through various stages of design and production before it reaches the shelves. When there is a breakdown in the stream of commerce and a product becomes dangerous, it can have a devastating impact on St. Louis, MO individuals and families. When that happens to you, you need the skilled and devoted legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations 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 St. Louis and throughout Missouri over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in St. Louis, MO now at (314) 500-HURT.

If you were harmed by a faulty product in St. Louis, MO, find out the true value of your claim by utilizing our complimentary personal injury calculator.



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St. Louis, MO 63102

Phone: (314) 500-HURT

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

St. Louis, MO Defective Products Statistics

The Consumer Product Safety Commission has found that dangerous products account for over 29 million injuries and 21,000 deaths each year.

Based on facts 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 incredible harm an unsafe product can cause.

If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in St. Louis, MO for compassionate, dedicated and skilled support and legal advocacy.

How Defective Products Claims Work in St. Louis, MO

Pursuant to Missouri Revised Statute §537.760, you and your St. Louis, MO defective products lawyer can can hold a person or company responsible for your injuries if three factors are met:

  1. The corporation was involved in the product's stream of commerce.
  2. You used the product in a manner logically foreseen.
  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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to purchase, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can avoid liability if:

  • The manufacturer is known, still does business and is financially capable of reimbursing you for the entirety of your injuries.
  • The entity that sold it signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
  • No other party in the case presents evidence that the seller was involved in any other part of the stream of commerce.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they were actually involved in the engineering of the product, were otherwise to blame for the defect or the manufacturer is unable to pay for the entirety of the economic, physical and emotional loss 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 provides one defense for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense is only valid for inadequate warning defective products claims, 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?

The majority of personal injury lawsuits in St. Louis, MO are decided by the idea of negligence. We all have a civil duty to not recklessly 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 might be found responsible for your damages and would have to pay you a financial recovery.

By contrast, most product liability or dangerous products cases are determined by strict liability, meaning that anyone in the chain of distribution is accountable for any damage a product causes, 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. Louis, 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 defect in the design that afterwards passes the defect to 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, for example, one can of soda may have a bug in it, or all of them may contain potentially hazardous chemicals. An example could be bugs or other contaminants found in beverages or leaving sharp edges on plastic or other materials.
  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 failing to warn that a hairdryer might cause an electric shock if it comes in contact with water or cleaning solutions that do not mention corrosive chemicals they contain on the label. 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 intended to incentivize corporations to implement thorough safety procedures for ensuring the safety of their products. However, too often corporations do not respect their obligation to make safe products and spend more energy on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in St. Louis, MO will fight on your behalf and insist on only a complete financial recovery.

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

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 permits for those in the stream of commerce to posit that you are responsible for a portion of your damages and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to avoid their responsibility to reimburse you for the damage their product did to you. Your St. Louis, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative fault if the following situations apply:

  • You did not use the product in a way the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect a consumer to use it. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. 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 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 significantly lower it but can significantly lower it. Say 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 hazards of the product while you were using it. This is often referred to as "Assumption of the risk," a concept 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 did not take necessary safety precautions. 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 are your fault because you had not obeyed 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 the manufacturer or vendor can — and will — try to convince the court that comparative negligence applies to your case, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies use a variety of tricks to try and lower your claim, but your St. Louis, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies have a lot of money to throw at their defense 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 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. Get in touch with Burger Law right away at (314) 500-HURT for legal counsel that parallels and exceeds that of resistant manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in St. Louis, MO

Our defective products lawyer team sees in St. Louis, 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, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause collisions and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous automobile components we see are:

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Wheels
  • Door latches
  • Accelerators

Offroad vehicles like 4-wheelers can also cause injuries, 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. Louis, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in St. Louis, MO has seen be defective are:

  • Artificial hips, knees or other joints that can result in infections, instability, chronic soreness or repeated dislocations
  • Pacemakers, which can lead to infections or even wrongful death because of premature failures
  • Surgical robots intended 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 electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can perforate organs, cause 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 skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the major factor.

In 2017, the U.S. Health and Human Services Department announced that over 10 years Medicare paid out at least $1.5 billion to replace in excess of 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 ended up worsening your condition, your St. Louis, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unneeded pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were intended 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 made aware of the defect by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint here:

View Complaint

Defective Drug Lawyer in St. Louis, MO

The Federal Drug Administration has firm 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 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 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 St. Louis, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, 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 irresponsible pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer now. We fight hard to see justice restored by securing you compensation and holding negligent corporations liable. 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 see in St. Louis, MO include:

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

Call Burger Law Now

St. Louis, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in St. Louis, MO knows that when manufacturers and distributors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we have dedicated our lives to seeing the injured in St. Louis 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 immediately start working on wining you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical toll your injury has inflicted on you and your St. Louis, 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. Louis, MO today at (314) 500-HURT or contact us online to take the first step toward true healing.

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