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Defective Products Lawyer in Washington, MO.

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

Picture what you do every day: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around machines, and/or use your cell phone at various times during the day. You may use lawnmowers on your days off. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of product that had to be designed, produced, packaged and purchased. When there is an oversight in that process and a product becomes hazardous, it can cause severe harm to you and your Washington, MO family. When that happens to you, you need the expert and devoted legal representation of Burger Law's defective products lawyer team to fight on your behalf and secure you the maximum financial recovery you deserve.

In our In our 30 years of experience standing up for fairness and justice, we have delivered our clients in Washington and beyond more than $170 million. Talking to us is free, so there's no risk in having us look over your claim. Call a defective products lawyer in Washington, MO right away at (314) 500-HURT.

If you were hurt by a dangerous product in Washington, MO, see the true value of your case by filling out 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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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Washington, MO:

Washington, MO Defective Products Statistics

The Consumer Product Safety Commission states that defective products result in over 29 million injuries and 21,000 deaths every year.

According to facts from the Insurance Information Institute, in 2019 the mean average that people injured by faulty products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the unbelievable ruin an unsafe product can cause.

If you were one of the many people hurt by a faulty product, call a Burger Law defective products lawyer in Washington, MO for understanding, dedicated and knowledgeable support and legal representation.

What is the Process for Defective Products Claims in Washington, MO?

Pursuant to Missouri Revised Statute §537.760, you and your Washington, MO defective products lawyer can make a "strict liability" claim if three conditions are true:

  1. The person was part of the product's chain of distribution.
  2. You used the product in a manner reasonably foreseen.
  3. Either or both of the following conditions:
    1. The product had a defective condition that was unreasonably hazardous when it left the manufacturer's or seller's that was the proximate cause of your injuries, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

The "chain of distribution" refers to anyone involved in the product from initial design to purchase, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it can be dismissed from the claim if:

  • The manufacturer is known, still does business and can afford to pay for the entirety of your damages.
  • The distributor makes an affidavit under threat of perjury that their only involvement in the chain of distribution was selling it.
  • There is no evidence is submitted to the court that the distributor took part in any other facet of the design and manufacturing process.
  • The motion to dismiss is filed within 60 days.

If the above conditions are met, the distributor would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they were actually involved in the design or manufacture of the product, were otherwise liable for the hazardous condition or the manufacturer cannot pay 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 lawsuit and ensure that every to-blame party is held accountable.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," meaning that a hazardous aspect of the product was not known and could not be discovered when the product was introduced to the public. This defense is only applicable to for inadequate warning product liability lawsuits, and it is up to the defense to prove that there is no way they could have known about the dangerous aspect.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury claims in Washington, MO are determined by the notion of negligence. We all have an responsibility 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 fails in that responsibility, for instance if are injured by a fatigued truck driver they can be found accountable for your damages and would owe you a financial recovery.

By contrast, most product liability or defective products cases 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 Washington, 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 inherent imperfection in the design that subsequently affects all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
  2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either affect only one product, 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 a tainted batch of something intended for drinking containing a poisonous substance.
  3. Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused harm because it did not give adequate instructions or warnings about inherent risks. 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. The company that makes a product typically does not have to warn against obvious risks. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety protocols for ensuring that their products will not pose a danger to the public. Even so, too often corporations do not value our safety and concentrate more on cutting costs than ensuring their products will not hurt anyone. When that happens, your Burger Law defective products lawyer in Washington, MO will fight by your side and insist on only the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Washington, MO

An oft-used defense for manufacturers in a dangerous product case is that you are at fault for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for the defendants to posit that you are responsible for a portion of the fault 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 at fault for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Washington, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. The statute allows for the defense of comparative negligence if the following situations apply:

  • You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect the public 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. 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 use of the product.
  • You used the product in a manner the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably decrease it but can significantly decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle wreck. 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 a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were taking a prescription drug and experience negative side effects, the pharmaceutical company would not be liable if they warned of the risk and/or you were informed of it by your doctor.
  • 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 say that any reasonable person would have known that they could be seriously injured doing such a thing.
  • You neglected to follow safety guidelines. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 are your fault because you had not obeyed proper protocols.
  • You failed to mitigate your damages. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. 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 stream of commerce can — and will — assert that comparative negligence applies to your case, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ a variety of dishonest ruses to try and lower your claim, but your Washington, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations have a lot of money to throw at their defense 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 our only fee is a moderate percentage of the compensation you receive, and you owe us nothing until we win your case. Reach out to Burger Law now at (314) 500-HURT for legal counsel that rivals and exceeds that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Washington, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Washington, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause accident and fires, and fail to protect drivers and passengers from harm as intended. Common defective automobile parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Door latches
  • Accelerators

Offroad vehicles like 4-wheelers can also cause injuries, 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 Washington, 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 Washington, MO has seen cause further injuries to patients include:

  • Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or repeated dislocations
  • Cardiovascular devises, 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 defective, can result in punctured organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control implements that can puncture organs, lead to pain in the pelvic region, excessive blood loss and unwanted pregnancies

As the medical industry keeps coming up with more and more advanced technologies, the amount of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, mostly owing to defects in software.

In 2017, the U.S. Health and Human Services Department reported that over the span of a decade Medicare paid out at least $1.5 billion to replace more than 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of helping us. If a faulty medical device caused you damages, your Washington, MO defective injuries lawyer at Burger Law will hold the liable parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of mistakes in their packaging and shipping process, the replacements deteriorate too quickly and have caused unimaginable pain and permanent damage to potentially as many as 150,000 patients who had the replacement joint implanted. When Burger Law was contacted 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 here:

View Complaint

Defective Drug Lawyer in Washington, MO

The Federal Drug Administration has firm procedures that pharmaceutical companies must obey from manufacturing to sale. 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 market whose potential side effects greatly outweigh their potential benefits. Too many pharmaceutical companies care more about the money they make more than 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 Washington, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

Four thousand five hundred drugs 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 a family member had your condition worsen because of careless pharmaceutical companies and corporations, get in touch with a Burger Law defective products injury lawyer as soon as possible. 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 held opioid manufacturers accountable when their selfishness has taken someone from their family too soon.

Other examples of dangerous products we collect compensation for our clients for in Washington, MO include:

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

Call Burger Law Now

Washington, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Washington, MO knows that when manufacturers and sellers fail to make safe products it can completely upend your life. That is why we have dedicated our lives to seeing the vulnerable in Washington 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 immediately 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 Washington, MO family. We will fight by your side the entire away and never allow a powerful corporation think that they are going to win every time. Call a Burger Law defective products lawyer in Washington, MO now at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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