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Defective Products Lawyer in Webster Groves, MO.

Defective Products Lawyer in Webster Groves, MO. If you or someone you care about was hurt by a dangerous product, call a Burger law defective products lawyer in Webster Groves, MO immediately at (314) 500-HURT or fill out our online form for a complimentary consultation.

Picture your daily routine: You may make coffee in a coffee maker in the morning, take a prescription, go to school or work on your bike, sit at in a chair or work around heavy machinery, and/or use your android on and off throughout the day. You may use lawnmowers on your free days. You may even have a joint replacement or other medical device. It seems we're always using or surrounded by some sort of product that has gone through various stages of design and production before it reaches the market. When there is a mistake in that process and a product becomes defective, it can cause severe injuries to you and your Webster Groves, MO family. When that happens to you, you need the knowledgeable and dedicated legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and get you the great compensation you are owed.

In our 70 years of combined negotiation, litigation and trial experience, we have gotten our clients in Webster Groves and throughout Missouri more than $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no reason not to reach out. Call a defective products lawyer in Webster Groves, MO now at (314) 500-HURT.

If you were injured by a defective product in Webster Groves, MO, find out 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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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Webster Groves, MO:

Webster Groves, MO Defective Products Statistics

The Consumer Product Safety Commission states that hazardous products account for over 29 million injuries and 21,000 deaths each year.

According to 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 ruin that can be caused when manufacturers and distributors do not obey proper safety measures.

If you or someone you know was injured by a faulty product, call a Burger Law defective products lawyer in Webster Groves, MO for compassionate, dedicated and talented support and legal representation.

How Defective Products Claims Work in Webster Groves, MO

Under Missouri Revised Statute §537.760, you and your Webster Groves, MO defective products lawyer can make a "strict liability" claim if three factors are met:

  1. The person was part of the product's chain of distribution.
  2. You used the product in a way easily anticipated.
  3. One or both of the following:
    1. 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
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous 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, a person or company whose sole connection to the case is that they were the vendor or distributor of the product may avoid liability if:

  • You discover who the manufacturer is, it still does business and can afford to reimburse you for the entirety of your injuries.
  • The seller signs an affidavit under oath that they had nothing to do with the product beyond selling it.
  • No other party in the case comes forward with evidence that the seller took part in any other aspect of the stream of commerce.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned 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 design and manufacture of the product than they implied, were otherwise liable for the defect or the manufacturer cannot compensate you for the entirety of your injuries, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every at-fault 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 fully understood before use by the public. This defense will only work for for failure to warn defective products cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury suits in Webster Groves, MO are decided 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 Webster Groves, MO roads. When someone is negligent, for instance if are injured by a fatigued truck driver they may be held accountable for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or defective products claims come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is responsible 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 Webster Groves, 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 it got into your hands.

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 defect in the design that afterwards passes the imperfection to all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
  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 defective, 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 bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
  3. Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: 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 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. A manufacturer generally does not have to warn against dangers that a reasonable person would anticipate. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to encourage corporations to implement thorough safety protocols for ensuring the safety of their products. However, too often companies do not respect their obligation to make safe products and try to focus more on their bottoms line than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Webster Groves, MO will fight on your behalf and insist on only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Webster Groves, MO

A common defense for manufacturers in a defective products lawsuit is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for those in the chain of distribution to argue that you are liable for a portion of your injuries and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for the accident, you will only receive $70,000. Often, comparative negligence arguments are a deceitful attempt a defendant makes to get out their duty to reimburse you for the damage their product did to you. Your Webster Groves, MO defective products lawyer at Burger Law will not let them get away with it. Under the statute, the defense may say 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 manner 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, 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 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 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 diminish it but can significantly lower it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a motor vehicle crash. A pharmaceutical company could reasonably see 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 concept in tort claims wherein, if the injured party was aware of risks, 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 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 harmed doing such a thing.
  • You did not 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 would have been avoided had you adhered to recommended safety measures.
  • You did not 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 the manufacturer or seller can — and will — argue that you share part of the blame, that does not mean they will be successful. Bullying corporations and insurance companies implement numerous deceitful tactics to try and lower your claim, but your Webster Groves, MO defective products lawyer at Burger Law knows how to combat them. We know these companies 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 our only fee is a moderate percentage of the financial recovery you get, and you owe us nothing until you get the great compensation you deserve. Call Burger Law today at (314) 500-HURT for legal advocacy that rivals and surpasses that of bullying corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Webster Groves, MO

Our defective products lawyer team sees in Webster Groves, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components it takes to make them run. In 2019 alone, in excess of 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can result in crashes and fires, and lead to further injuries when the safety components to not work as they should. Common faulty automobile components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Seats
  • Headlights and taillights

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 Webster Groves, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further complications when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Webster Groves, MO has seen be defective include:

  • Artificial joints that can lead to infections, limited mobility, chronic soreness or repeated dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants designed to operate on hard to reach areas which, when they malfunction, can cause perforated organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control implements that can pierce organs, result in pain in the pelvic region, abnormal bleeding and unwanted pregnancies

As the medical industry becomes more high-tech, the numbers of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly because of defects in software.

In 2017, the U.S. Health and Human Services Department reported that over a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 faulty heart devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a flawed medical device caused you injuries, your Webster Groves, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Their knee replacements were improperly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unthinkable pain and permanent damage to potentially as many as 150,000 patients who had the replacement joint implanted. When Burger Law was made aware of the defect 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 view our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Webster Groves, MO

The Federal Drug Administration has firm protocols that pharmaceutical companies must follow 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 shelves. With no absolute independent 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, 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 Webster Groves, MO to stand up to these bullying corporations and make them realize that their behavior is intolerable.

Four thousand five hundred drugs 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 a loved one sustained injuries because of reckless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations accountable. Burger Law has already successfully won claims for families against opioid manufacturers so they can have some sense of justice for the wrongful death of their loved one.

Other common defective products we collect compensation for our clients for in Webster Groves, MO include:

  • Children's toys
  • Chemicals such as cleaning products
  • Baby powder
  • Household appliances
  • Industrial machinery
  • Cell phone batteries
  • Beauty products

Call Burger Law Now

Webster Groves, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Webster Groves, 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 Webster Groves and throughout Missouri get maximum 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 do not hesitate to start working on getting you a financial recovery for all of your medical costs and lost wages, in addition to the mental and physical hardships your injury has inflicted on you and your Webster Groves, 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 Webster Groves, MO now at (314) 500-HURT or contact us online to take the first step toward 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!”

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