Defective Products Lawyer in Wentzville, MO.
Defective Products Lawyer in Wentzville, MO. If you or someone you love was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Wentzville, MO today at or fill out our online form for a free consultation.
Picture your daily routine: You may make coffee in a coffee maker 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 cell phone at various times during the day. You may use lawnmowers on your free days. You may even have a ankle replacement or other medical implant. 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 market. When there is an oversight in the chain of distribution and a product becomes dangerous, it can cause serious injuries to you and your Wentzville, MO family. If tragedy struck you, you need the expert and devoted legal services of Burger Law's defective products lawyer team to stand by your side and deliver you the maximum compensation you deserve.
In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Wentzville and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call a defective products lawyer in Wentzville, MO immediately at .
If you were harmed by a faulty product in Wentzville, MO, discover how much your claim may be worth by using our complimentary personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Wentzville, 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?
Wentzville, MO Defective Products Statistics
The Consumer Product Safety Commission has found that faulty products account for over 29 million injuries and 21,000 fatalities annually.
Based on facts from the Insurance Information Institute, in 2019 the mean average that people injured by defective 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 injured by a hazardous product, call a Burger Law defective products lawyer in Wentzville, MO for passionate, devoted and knowledgeable support and legal advocacy.
How Defective Products Claims Work in Wentzville, MO
Pursuant to Missouri Revised Statute §537.760, you and your Wentzville, MO defective products lawyer can can hold a person or company responsible for your injuries if three conditions are true:
- The defendant was part of the product's design, manufacture, distribution and sale.
- The product was used in a manner logically expected.
- Either or both of the following conditions:
- The product was in a faulty condition that was unreasonably dangerous when you bought the product that caused you direct harm, and/or
- 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 conception to purchase, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can avoid liability if:
- The manufacturer is known, has not closed their business and is able to reimburse you for all of your damages.
- The vendor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- There is no evidence is presented to the court that the seller took part in any other part 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 met, 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 had a larger role in the production of the product than they implied, were otherwise responsible for the defect or the manufacturer cannot compensate you for all of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held responsible.
Missouri Revised Statute §537.764 mentions a caveat 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 failure to warn defective products claims, and the burden of proof is on the defense.
Negligence vs. Strict Liability in Defective Products Cases
The majority of personal injury lawsuits in Wentzville, MO are determined by the idea of negligence. We all have a civil duty to not recklessly cause harm to other people in certain situations; for example, drivers must drive in a way that's safe for other people on the Wentzville, MO roads. When someone fails in that responsibility, for instance if are injured by a fatigued truck driver they may be held liable for your damages and would be obligated to reimburse you for your injuries and other damages.
However, most product liability or defective products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is to blame for any damage a product causes, 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 Wentzville, 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 fault in the design that subsequently affects all of that product model that go on to be manufactured. An example is an electric razor or hairdryer that can cause electric shocks.
- 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 faulty, 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 using the wrong kind of screws or bolts.
- Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: This occurs when the product was not hazardous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger that could come about from normal use of the product. 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 dangers 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 exhaustive safety procedures for guaranteeing the safety of their products. Even so, too often corporations do not respect their obligation to make safe products and concentrate more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Wentzville, 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 Wentzville, MO
An oft-used defense for manufacturers in a product liability case is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce to posit that you are liable for a portion of your damages and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury determines that you have $100,000 in damages 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 defendant makes to avoid their obligation to reimburse you for the damage their product did to you. Your Wentzville, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may say you bear 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 responsible for ensuring the product is safe for reasonable or predictable use. For example, electric razors are not specifically intended to be used in the shower, but they often are. If an electric razor is not water resistant and could lead to the user getting a shock, a warning needs to be included in the packaging. On the other hand, 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 that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can considerably reduce it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car 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 called as "Assumption of the risk," a concept 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 were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
- 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 took more doses of a medication than the labeling or your doctor suggested, the defense can argue your injuries would have been avoided had you adhered to recommended precautions.
- You failed to 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 seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.
Just because people in the chain of distribution can — and will — assert that you share part of the blame, that does not mean the claim is automatically true. Large corporations and insurance companies employ myriad dishonest ruses to try and devalue your claim, but your Wentzville, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations have a lot of money to throw at their defense and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you are awarded, and you owe us nothing until you get the great compensation you deserve. Reach out to Burger Law right away at for legal advocacy that rivals and surpasses that of resistant corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Wentzville, MO
Our defective products lawyer team sees in Wentzville, MO sees more defective vehicles than any other product, both because of how many people use them and because of how many components it takes to make them run. In 2019 alone, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to crashes and fires, and lead to further injuries when the safety components to not work as they should. Common faulty motor vehicle parts we see are:
- Fuel systems
- Electrical wires
- Steering systems
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 Wentzville, MO
We need 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 installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Wentzville, MO has seen be defective are:
- Artificial hips, knees or other joints that can result in infections, limited mobility, pain or recurring dislocations
- Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
- Surgical robots intended to operate on hard to reach areas which, when defective, can result in pierced organs, infections and internal burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control devices that can pierce organs, lead to pelvic pain, abnormal hemorrhaging and unwanted pregnancies
As the medical industry keeps inventing more and more advanced technologies, medical device recalls have soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly because of issues with software.
In 2017, the U.S. Health and Human Services Department stated that throughout a decade Medicare paid out at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of helping us. If a defective medical device ended up worsening your condition, your Wentzville, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
Earlier this year, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were designed to and have caused unthinkable pain and permanent damage to possibly as many as 150,000 people 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 are taking on more Exactech Knee Replacement cases to this day. You can view the complaint we filed for our first client here:
Defective Drug Lawyer in Wentzville, MO
The Federal Drug Administration has firm procedures that pharmaceutical companies must obey 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 drugs reach the shelves without an objective analysis of the potential drawbacks compared to the 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 Wentzville, MO to stand up for the vulnerable and let these corporations know that their conduct is unacceptable.
Four thousand five hundred prescriptions and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or a loved one had your condition worsen because of reckless pharmaceutical companies and manufacturers, contact 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 has been inflicted because of their actions. 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 file suit for in Wentzville, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial equipment
- Cell phone batteries
- Beauty products
Wentzville, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Wentzville, MO knows that being harmed by a dangerous product can completely upend your life. That is why we endeavor to see the injured in Wentzville and throughout Missouri receive full compensation for all of their damages, not just what the product manufacturer or insurance company will tell you is acceptable to them. When you hire us, we immediately start working on wining you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical toll your injury has inflicted on you and your Wentzville, 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 Wentzville, MO now at or contact us online to start on your journey to a true recovery.