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Defective Products Lawyer in Ste. Genevieve, MO.

Defective Products Lawyer in Ste. Genevieve, MO. If you or someone you care about was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in Ste. Genevieve, MO right away at (314) 500-HURT or fill out our online form for a free case review.

Picture what you do every day: You may have put on some lotion or hair gel in the morning, take a prescription, go to school or work in your car, sit by a computer or work around heavy machinery, and/or use your android throughout the day. You may use lawnmowers on your free days. 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, manufactured, shipped and bought. When there is an oversight in that process and a product becomes defective, it can cause serious injuries to you and your Ste. Genevieve, MO family. When that happens to you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand by your side and get you the best possible financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have secured our clients in Ste. Genevieve and beyond over $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Ste. Genevieve, MO now at (314) 500-HURT.

If you were harmed by a dangerous product in Ste. Genevieve, MO, see how much your claim may be worth by utilizing our free personal injury calculator.



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Phone: (314) 500-HURT

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Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Ste. Genevieve, MO:

How Common Are Defective Products in Ste. Genevieve, MO?

The Consumer Product Safety Commission has found that faulty products cause in excess of 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 shows the unbelievable harm that can be caused when manufacturers and vendors do not adhere to the rules.

If you or someone you know was injured by a dangerous product, call a Burger Law defective products lawyer in Ste. Genevieve, MO for understanding, dedicated and talented support and legal counsel.

What is the Process for Defective Products Claims in Ste. Genevieve, MO?

According to Missouri Revised Statute §537.760, you and your Ste. Genevieve, MO defective products lawyer can can hold a person or company accountable for your damages if three factors are true:

  1. The company was part of the product's stream of commerce.
  2. You used the product in a manner rationally expected.
  3. Either or both of the following conditions:
    1. The product was in a defective condition that was unreasonably hazardous when the product was sold that caused you direct harm, and/or
    2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "stream of commerce" refers to anyone involved in the product from initial design to purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity 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 all of your injuries.
  • The distributor makes an affidavit under threat of perjury that their only involvement in the stream of commerce was selling it.
  • No other party in the case comes forward with evidence that the distributor took part in any other aspect of the design and manufacturing process.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above conditions are fulfilled, the seller would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise liable for the fault or the manufacturer cannot 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 that they owe you.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a hazardous condition could not be completely understood before use by the consumer. This defense will only work for for inadequate warning defective products cases, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury lawsuits in Ste. Genevieve, MO are based on the concept of negligence. We all have an obligation to each other's safety in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they can be found accountable for your damages and would have to pay you a financial recovery.

However, most product liability or dangerous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is responsible for any damage 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 Ste. Genevieve, 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 inherent imperfection in the design that subsequently affects all products with the same design. An example is an electrical appliance that can overheat and cause fires.
  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 only make one product hazardous, 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 incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
  3. 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 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 risks that a reasonable person would foresee. For instance, 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 protocols for verifying the safety of their products. However, too often corporations are negligent and spend more energy on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Ste. Genevieve, MO will hold them accountable by conducting a full investigation of your case and insisting on only full compensation.

Comparative Negligence in Defective Productions Claims in Ste. Genevieve, MO

Manufacturers, distributors and anyone else in the chain of distribution will often rely on the concept of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the defendants to put forth the defense that you are liable for a portion of the fault and, therefore, they are not liable for your full financial recovery. For example, if a jury determines that you have $100,000 in damages but finds you were 30 percent responsible for the accident, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a defendant makes to avoid their duty to reimburse you for the damage their product did to you. Your Ste. Genevieve, MO defective products lawyer at Burger Law will not let them get away with it. According to the statute, the defense may argue you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:

  • 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, 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 shotgun 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 the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to totally avoid fault but can significantly reduce 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 knew of inherent risks of the product while you were using it. This is often referred to as "Assumption of the risk," a theory in tort claims whereby, 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 failed to 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 took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries are your fault because you had not followed proper protocols.
  • You failed to try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the financial recovery 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 the defense can — and will — try to convince the court that comparative fault applies to your claim, 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 devalue your claim, but your Ste. Genevieve, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies will try everything to avoid paying you and try to take advantage of people who do not have the same resources. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you get, and you do not pay us anything until you get the great compensation you deserve. Get in touch with Burger Law today at (314) 500-HURT for legal advocacy that parallels and exceeds that of resistant manufacturers and distributors and insurance adjusters.

Defective Vehicle Parts Lawyer in Ste. Genevieve, MO

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

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Tires
  • Steering systems
  • Engine cooling fan blades

Alternative vehicles like ATVs 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 Ste. Genevieve, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Ste. Genevieve, MO has seen be defective are:

  • Artificial hips, knees or other joints that can lead to infections, limited mobility, chronic soreness or repeated dislocations
  • Cardiovascular devises, which can cause 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 they do not work properly, can result in pierced 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, cause pain in the pelvic region, excessive blood loss and unwanted pregnancies

As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly due to issues with software.

In 2017, the U.S. Health and Human Services Department reported that throughout a decade Medicare paid out at least $1.5 billion to replace over 73,000 flawed 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 ended up worsening your condition, your Ste. Genevieve, 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, was forced to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused unimaginable pain and permanent damage to possibly 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 continue to take on Exactech Knee Replacement cases. You can read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Ste. Genevieve, MO

The Federal Drug Administration has strict procedures 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 shelves 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, 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 Ste. Genevieve, MO to stand up to these bullying corporations and make them realize that their behavior is deplorable.

Hundreds of thousands of drugs and medical devices are taken off the national market annually, and many of them have already been widely ingested and used. If you or someone you care about sustained injuries because of careless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer immediately. We fight hard to see justice restored by securing you compensation and holding negligent corporations liable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.

Other examples of dangerous products we file suit for in Ste. Genevieve, MO include:

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

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Ste. Genevieve, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Ste. Genevieve, 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 have devoted our careers to seeing the injured in Ste. Genevieve and throughout Missouri receive great compensation 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, as well as the emotional and physical toll your injury has inflicted on you and your Ste. Genevieve, 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 Ste. Genevieve, MO today at (314) 500-HURT or contact us online to start on the path to true healing.

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“Gary and his team provided us with effective, efficient and highly professional service. Gary provides sound advice and is a trustworthy and ethical attorney. I highly recommend the team!”

David and Fran Schneider

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