Defective Products Lawyer in St. Peters, MO.
Defective Products Lawyer in St. Peters, MO. If you or a family member was injured by a dangerous product, call a Burger law defective products lawyer in St. Peters, MO immediately at or fill out our online form for a complimentary case evaluation.
Think of what you do every day: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on a bus, sit by a computer or work around heavy machinery, and/or use your iPhone throughout the day. You may drive go-carts on the weekend. You may even have a knee 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 buyer. When there is a breakdown in that process and a product becomes dangerous, it can cause serious injuries to you and your St. Peters, MO family. When that happens to you, you need the accomplished and committed legal representation of Burger Law's defective products lawyer team to stand in your corner and secure you the great compensation you deserve.
In our 70 years of combined negotiation, litigation and trial experience, we have secured our clients in St. Peters and beyond in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in St. Peters, MO now at .
If you were injured by a dangerous product in St. Peters, MO, learn how much your claim may be worth by utilizing our free personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in St. Peters, MO:
- FDA Recall List and Safety Alerts
- Consumer Products Safety Commission Recall List
- U.S. Department of Transportation Motor Vehicle Recall List
- What to Do if You're Injured by a Dangerous Product?
- Can I Sue a Company if Their Product Gave Me Cancer?
- Can I Sue for a Defective Car Part if it Caused My Accident?
St. Peters, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that defective products account for over 29 million injuries and 21,000 deaths annually.
Based on data 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 speaks to the extreme harm that can be caused when manufacturers and vendors do not follow proper safety measures.
If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in St. Peters, MO for understanding, devoted and skilled support and legal representation.
How Defective Products Claims Work in St. Peters, MO
- The company was involved in the product's stream of commerce.
- You used the product in a manner rationally anticipated.
- One or both of the following:
- The product had a faulty condition that was unreasonably dangerous when the product was sold and your injuries are a direct result of that defect, and/or
- 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 hitting the shelves, from initial conception to sale, including a distributor or vendor. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the vendor or distributor of the product may be dismissed from the lawsuit if:
- The manufacturer is known, has not closed their business and is able to compensate you for the entirety of your injuries.
- The distributor makes an affidavit under oath that they had nothing to do with the product beyond selling it.
- There is no evidence is brought in front of the court that the distributor was involved in any other aspect of the stream of commerce.
- The dismissal is requested to the judge within 60 days.
If the aforementioned conditions are met, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise liable for the fault or the manufacturer cannot reimburse you for all 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 compensation you are owed.
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 hit the shelves. This defense is only applicable to for inadequate warning defective products claims, and the burden of proof is on the defense.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury cases in St. Peters, MO are won or lost based on the conception of negligence. We all have a civil duty to not carelessly cause injuries to other people in certain situations; for example, doctors must treat their St. Peters, MO patients with a standard of care. When someone fails in that obligation, for instance if sustain an injury because you were hit by a distracted driver they can be found liable for your damages and would owe you a financial recovery.
However, most product liability or defective products cases come down to strict liability, meaning that a designer, manufacturer or vendor is accountable for any injuries 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. Peters, 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:
- Design Defect: A design defect is an inherent fault in the design that subsequently passes the flaw to all of that product model that go on to be manufactured. An example is a toy intended for children that contains a choking hazard.
- 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 only make one product faulty, 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 tainted batch of something intended for drinking containing a poisonous substance.
- Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about innate dangers. 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. The company that makes a product typically does not have to warn against obvious dangers. For instance, 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 ensuring that their products will not put the people who use it at risk. Even so, too often corporations are negligent and try to focus more on cutting costs than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in St. Peters, MO will fight on your behalf and insist on only the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in St. Peters, MO
Manufacturers, distributors and anyone else in the chain of distribution will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 permits for the manufacturer or seller to put forth the defense that you are liable for a portion of your injuries 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 liable for your injuries, you will only receive $70,000. Often, comparative negligence arguments are a dishonest attempt a manufacturer makes to eschew their obligation to reimburse you for the damage their product did to you. Your St. Peters, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are present in your case:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or seller 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 put wheels on a chair and are injured racing it down the street, 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, the defendant will likely not be able to avoid liability altogether, but can considerably lower it but can considerably reduce it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto crash. 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 concept in tort claims wherein, if the injured party was aware of risks, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
- 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 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. 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 adhered to recommended precautions.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are expected 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 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 — 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. Large corporations and insurance companies use a variety of deceitful tactics to try and devalue your claim, but your St. Peters, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. 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 we do not collect any attorney's fees until we win your case. Reach out to Burger Law immediately at for legal counsel that matches and exceeds that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in St. Peters, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in St. Peters, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not work as they should. Common defective car parts we see are:
- Fuel systems
- Windshield wipers
- Steering systems
- Engine cooling fan blades
Offroad vehicles like ATVs can also cause harm, for instance many of them are prone 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. Peters, MO
We need medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in St. Peters, MO has seen cause further complications for patients include:
- Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or frequent dislocations
- Pacemakers, which can result in infections or even wrongful death because of premature failures
- Surgical robots designed to operate on hard to reach areas which, when they do not work properly, can lead to pierced organs, infections and electrical burns
- Blood clot filters that permit dislodged blood clots to invade the lungs
- Permanent birth control devices that can perforate organs, lead to pelvic pain, abnormal hemorrhaging and unwanted pregnancies
As the medical industry keeps coming up with new technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly as a result of issues with software.
In 2017, the U.S. Health and Human Services Department found that over 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us immense pain instead of easing it. If a defective medical device ended up aggravating your condition, your St. Peters, 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, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was retained 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 read our original complaint by clicking the button below:
Defective Drug Lawyer in St. Peters, MO
The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. That means that many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit 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. Peters, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Hundreds of thousands of drugs and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you care about received injuries because of careless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by securing you compensation and holding negligent corporations accountable. Burger Law has already held opioid manufacturers responsible when their selfishness has taken someone from this world too soon.
Other common dangerous products we collect compensation for our clients for in St. Peters, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Cosmetic products
St. Peters, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in St. Peters, MO knows that being harmed by a dangerous product can completely upend your daily routine, your family and even your present and future financial security. That is why we have committed our careers to seeing the injured in St. Peters and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on securing you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has taken on you and your St. Peters, 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. Peters, MO right away at or contact us online to take the first step toward being made whole again.