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Defective Products Lawyer in St. Peters, MO.

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

Think of your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around technology, and/or use your android on and off throughout the day. You may go 4-wheeling on your days off. You may even have a pacemaker 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 the chain of distribution and a product becomes dangerous, it can cause serious harm to you and your St. Peters, MO family. If tragedy struck you, you need the accomplished and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and secure you the full financial recovery you deserve.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in St. Peters and throughout Missouri more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in St. Peters, MO today at (314) 500-HURT.

If you were hurt by a faulty product in St. Peters, MO, find out how much your claim may be worth 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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Below are some useful links and FAQS from your Burger Law defective products injury lawyer in St. Peters, MO:

How Common Are Defective Products in St. Peters, MO?

The Consumer Product Safety Commission states that dangerous products account for more than 29 million injuries and 21,000 deaths annually.

Based on data 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 incredible harm that can be caused when manufacturers and vendors do not adhere to proper safety measures.

If you were one of the many people harmed by a faulty product, call a Burger Law defective products lawyer in St. Peters, MO for passionate, dedicated and talented support and legal counsel.

How Defective Products Claims Work in St. Peters, MO

According to Missouri Revised Statute §537.760, you and your St. Peters, MO defective products lawyer can can hold a person or corporation to blame for your injuries if three factors are met:

  1. The person was involved in the product's chain of distribution.
  2. The product was used in a manner logically anticipated.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably dangerous when you bought the product that caused you direct harm, 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 "stream of commerce" refers to anyone involved in the product from initial design to sale, including a distributor or seller. Pursuant to Missouri Revised Statute §5537.762, a person or company sold the product but were not involved in the design or manufacture of it can avoid liability if:

  • The manufacturer is known, has not closed their business and can afford to reimburse you for the entirety of your damages.
  • The seller signs an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
  • There is no evidence is submitted to the court that the distributor was involved in any other part of the stream of commerce.
  • The dismissal is requested to the court no later than 60 days after the complaint is filed.

If those conditions are met, the vendor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the design or manufacture of the product, were otherwise to blame for the dangerous condition or the manufacturer is unable to compensate you for all of the economic, physical and emotional loss you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every to-blame party is held responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be completely understood before use by the public. This defense will only work for for inadequate warning product liability claims, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury claims in St. Peters, MO are determined by the idea of negligence. We all owe each other a duty of care in certain situations; for example, drivers must drive in a way that's safe for other people on the St. Peters, MO roads. When someone fails in that responsibility, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found liable for your damages and would be obligated to reimburse you for your injuries and other damages.

By contrast, most product liability or dangerous products claims are strict liability claims, meaning that anyone in the chain of distribution is at fault for any injuries a product causes, 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. 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 — 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 passes the defect to 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 only make one product defective, 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 using the wrong kind of screws or bolts.
  3. Failure to Warn of Known Dangers or Dangers That Should Have Been Foreseen: 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 a drug that is sold without mentioning certain risks or side effects 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 intended to hold corporations accountable and persuade them to implement comprehensive safety procedures for ensuring that their products will not put the people who use it at risk. Even so, 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. Peters, MO will hold them responsible by conducting a full investigation of your case and insisting on nothing but the best possible compensation.

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 negligence when building their defense. Missouri Revised Statute §537.765 allows for those in the chain of distribution to put forth the argument that you are responsible for a portion of your damages 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 liable for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to avoid their responsibility to reimburse you for the harm they have caused. Your St. Peters, 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 seller is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant for sitting, 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. 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 reasonably foresee that happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can considerably decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle accident. 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 referred to as "Assumption of the risk," a principle in tort claims wherein, 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 modify a chainsaw or other tool to remove certain guards or safety measures. 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. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the chain of distribution from liability. If you were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you obeyed recommended safety measures.
  • You failed to mitigate your damages. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. 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 defense can — and will — try to convince the court 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 myriad tricks to try and lower your claim, but your St. Peters, 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. Our defective products lawyer team works on a contingency fee basis, which means we collect a moderate percentage of the compensation you collect, and you owe us nothing until we win your case. Get in touch with Burger Law right away at (314) 500-HURT for legal advocacy that parallels and eclipses that of bullying manufacturers and vendors and insurance adjusters.

Defective Vehicle Parts Lawyer in St. Peters, MO

Our defective products lawyer team sees in St. Peters, 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, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to crashes and fires, and fail to protect occupants from harm as intended. Common defective automobile components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Steering systems
  • Accelerators

Offroad vehicles like ATVs 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. Peters, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further complications when they are defective. Common medical devices that your Burger Law defective products lawyer in St. Peters, MO has seen cause further complications for patients are:

  • Artificial joints that can cause infections, instability, chronic soreness or repeated dislocations
  • Cardiovascular devises, which can lead to 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 cause perforated organs, infections and electrical burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control implements that can puncture organs, cause pelvic pain, excessive blood loss and unplanned pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the chief cause.

In 2017, the U.S. Health and Human Services Department stated that over the span of 10 years Medicare spent at least $1.5 billion to replace over 73,000 faulty heart devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of easing it. If a faulty medical device caused you damages, your St. Peters, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.

In February of this year, Exactech, a manufacturer of joint replacements, was forced 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 potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 by clicking the button below:

View Complaint

Defective Drug Lawyer in St. Peters, MO

The Federal Drug Administration has strict 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. With no absolute third-party testing many medications reach the shelves without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations value their bottom line over 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. Peters, MO to stand up for the vulnerable and let these corporations know that their behavior is intolerable.

Four thousand five hundred prescriptions and medical devices are recalled in the U.S. each year, and many of them have already been widely ingested and used. If you or someone you care about had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, get in touch with a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice restored by winning you compensation and holding negligent corporations responsible. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other examples of dangerous products we see in St. Peters, MO include:

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

Call Burger Law Now

St. Peters, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in St. Peters, MO knows that being harmed by a faulty product can completely disrupt your life. That is why we have pledged our careers to seeing the vulnerable in St. Peters 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 getting you a financial recovery for all of your medical expenses and lost wages, as well as the mental and physical hardships your injury has inflicted on you and your St. Peters, MO family. We will stand 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 (314) 500-HURT or contact us online to take the first step toward a true recovery.

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