Defective Products Lawyer in St. Robert, MO.
Defective Products Lawyer in St. Robert, 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. Robert, MO today at or fill out our online form for a free case review.
Imagine what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on a bus, sit at in a chair or work around machines, and/or use your android at various times during the day. You may go 4-wheeling on your free days. You may even have a joint replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that at one point was designed, manufactured, shipped and purchased. When there is a mistake in the stream of commerce and a product becomes defective, it can have a devastating effect on on your life and lives of those you love in St. Robert, MO. When that happens to you, you need the knowledgeable and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and win you the maximum financial recovery you are owed.
In our three decades of negotiation, litigation and trial experience, we have secured our clients in St. Robert and beyond more than $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in St. Robert, MO now at .
If you were harmed by a dangerous product in St. Robert, MO, discover how much your claim may be worth by using our free personal injury calculator.
Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in St. Robert, 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?
How Common Are Defective Products in St. Robert, MO?
The Consumer Product Safety Commission states that dangerous products account for more than 29 million injuries and 21,000 fatalities each year.
According to facts 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 unbelievable devastation that can be caused when manufacturers and distributors do not follow proper safety measures.
If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in St. Robert, MO for passionate, devoted and talented support and legal representation.
What is the Process for Defective Products Claims in St. Robert, MO?
Pursuant to Missouri Revised Statute §537.760, you and your St. Robert, MO defective products lawyer can can hold a person or company liable for your injuries if three factors are true:
- The person was involved in the product's chain of distribution.
- You used the product in a manner easily foreseen.
- One or both of the following:
- The product had a faulty condition that was unreasonably dangerous when it left the manufacturer's or seller's and your injuries are a direct result of that defect, and/or
- You were injured because there was a dangerous 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 going to the market, from initial design to sale, including a distributor or vendor. Pursuant to Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the case if:
- You discover who the manufacturer is, it still exists and can afford to reimburse you for all of your injuries.
- The distributor signs 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 vendor took part in any other aspect of the design and manufacturing process.
- The dismissal is requested to the judge no later than 60 days after the complaint is filed.
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 demonstrates that they had a larger role in the engineering of the product than they led on, were otherwise at fault for the fault or the manufacturer is unable to reimburse you for the entirety 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 you get the great compensation you are owed.
Missouri Revised Statute §537.764 mentions a caveat 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 product liability cases, and the burden of proof is on the defense.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury claims in St. Robert, MO depend on the conception of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their St. Robert, MO patients with a standard of care. When someone is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they can be found accountable for your damages and would be obligated to reimburse you for your injuries and other damages.
By contrast, most product liability or defective products claims are strict liability claims, meaning that a designer, manufacturer or vendor is responsible for any injuries that stems from 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. Robert, 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 defect in the design that subsequently affects all products with the same design. An example is an electrical appliance that can overheat and cause fires.
- Manufacturing Defects: A product can be designed effectively and safely but still become dangerous because of mistakes in the manufacturing process. This can either only make one product hazardous, 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 leaving sharp edges on plastic or other materials.
- Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about inherent risks. 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 typically does not have to warn against obvious dangers. For instance, they do not have to warn you that a match could start a fire.
Strict liability is intended to hold corporations accountable and persuade them to implement exhaustive safety protocols for verifying the safety of their products. Even so, too often corporations do not respect their obligation to make safe products 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. Robert, MO will fight on your behalf and demand nothing but the maximum financial recovery.
Comparative Negligence in Defective Productions Claims in St. Robert, MO
A common defense for manufacturers in a defective products case is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to argue that you are liable for a portion of the fault and, therefore, they do not have to pay you 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, comparative negligence arguments are an erroneous attempt a manufacturer makes to get out their responsibility to reimburse you for the damage their product did to you. Your St. Robert, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. 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 way the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect the public to use it. For example, while chairs are meant for sitting, standing on one to reach something is common. 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 reasonably foresee that happening.
- You used the product in a way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can significantly lower it. Suppose 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 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 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 did not appreciate the dangers of a certain product or activity when a reasonable person clearly would have. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. 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. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the stream of commerce from liability. 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 obeyed proper protocols.
- You did not try to keep your damages to a minimum. 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 seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 comparative fault applies to your injuries, that does not mean they will be successful. Powerful corporations and insurance companies implement myriad deceitful tactics to try and minimize your claim, but your St. Robert, 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. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you receive, and you do not pay us anything until we win your case. Reach out to Burger Law today at for legal representation that parallels and surpasses that of resistant manufacturers and vendors and insurance companies.
Defective Vehicle Parts Lawyer in St. Robert, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in St. Robert, MO. In 2019 alone, more than 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common defective car components we see are:
- Fuel systems
- Electrical systems
- Door latches
- Engine cooling fan blades
Alternative vehicles like ATVs can also cause damage, 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. Robert, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in St. Robert, MO has seen cause further injuries to patients are:
- Artificial hips, knees or other joints that can lead to infections, limited mobility, pain or recurring dislocations
- Pacemakers, which can lead to infections or even wrongful death when they do not last as long as anticipated
- Surgical robots intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can lead to punctured organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can pierce organs, result in pelvic pain, abnormal bleeding and unintended pregnancies
As the medical industry keeps coming up with more and more advanced technologies, medical device recalls have skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, mostly owing to issues with software.
In 2017, the U.S. Health and Human Services Department reported that throughout 10 years Medicare spent at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help ease pain and extend our lifespans, not cause further damage. If a defective medical device caused you damages, your St. Robert, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused incredible pain and permanent damage to potentially as many as 150,000 patients who had received the replacement joint. When Burger Law was retained by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client by clicking the link below:
Defective Drug Lawyer in St. Robert, MO
The Federal Drug Administration has firm protocols that pharmaceutical companies must adhere to from manufacturing to delivery. 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 medications reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many corporations put profit over the safety of the people they are supposed to be helping. 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. Robert, MO to stand up to these bullying corporations and let them know that their conduct 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 someone you love sustained injuries because of reckless pharmaceutical companies and corporations, get in touch with 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 feel sense of justice for the wrongful death of their loved one.
Other common defective products we file suit for in St. Robert, MO include:
- Children's toys
- Chemicals such as cleaning products
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
St. Robert, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in St. Robert, MO knows that when manufacturers and sellers fail to make safe products it can completely disrupt your daily routine, your family and even your present and future financial security. That is why we strive to see the injured in St. Robert and throughout Missouri collect 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 immediately start working on wining you a financial recovery for all of your medical bills and lost wages, in addition to the mental and physical toll your injury has taken on you and your St. Robert, 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. Robert, MO now at or contact us online to start on your journey to being made whole again.