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Defective Products Lawyer in West St. Louis County, MO.
Defective Products Lawyer in West St. Louis County, MO. If you or someone you care about sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in West St. Louis County, MO right away at (314) 500-HURT or fill out our online form for a complimentary case evaluation.
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 in your car, sit by a computer or work around technology, and/or use your cell phone on and off throughout the day. You may go 4-wheeling on the weekend. 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 had to be engineered, produced, shipped and sold. When there is an oversight in the chain of distribution and a product becomes dangerous, it can cause severe harm to you and your West St. Louis County, MO family. When that happens to you, you need the skilled and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and win you the great compensation you deserve.
In our In our 70 years of combined experience standing up for fairness and justice, we have delivered our clients in West St. Louis County and beyond over $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in West St. Louis County, MO immediately at (314) 500-HURT.
If you were hurt by a faulty product in West St. Louis County, MO, find out how much your claim may be worth by filling out our free personal injury calculator.
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in West St. Louis County, 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 West St. Louis County, MO?
The Consumer Product Safety Commission states that faulty products are responsible for in excess of 29 million injuries and 21,000 deaths every year.
According to statistics 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 incredible ruin an unsafe product can cause.
If you were one of the many people harmed by a dangerous product, call a Burger Law defective products lawyer in West St. Louis County, MO for empathetic, dedicated and skilled support and legal counsel.
How Defective Products Claims Work in West St. Louis County, MO
Under Missouri Revised Statute §537.760, you and your West St. Louis County, MO defective products lawyer can can hold a person or company responsible for your injuries if three factors are true:
- The company was involved in the product's design, manufacture, distribution and sale.
- You used the product in a manner reasonably foreseen.
- One or both of the following:
- The product was in a faulty condition that was unreasonably hazardous when the product was sold that caused you direct harm, and/or
- 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 conception to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the vendor or distributor of the product may be dismissed from the suit if:
- You discover who the manufacturer is, it still does business and is able to compensate you for all of your damages.
- The seller makes an affidavit under threat of perjury that their only involvement in the process was selling it.
- There is no evidence is brought in front of the court that the seller was involved in any other aspect of the chain of distribution.
- The motion to dismiss is filed no later than 60 days after the complaint is filed.
If those conditions are met, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence proves that they had a larger role in the production of the product than they led on, were otherwise to blame for the fault or the manufacturer is unable to compensate you for all 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 that every liable party is held responsible.
Missouri Revised Statute §537.764 provides one defense 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 was introduced to the public. This defense is only applicable to 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.
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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Strict Liability and Negligence in Defective Products Claims: What's the Difference?
Most personal injury claims in West St. Louis County, MO are based on the notion 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 West St. Louis County, MO roads. When someone fails in that obligation, for example if if there a loose floor boards at a restaurant that cause you to fall they might be held responsible for your damages and would owe you a financial recovery.
However, most product liability or hazardous products cases are strict liability claims, 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 West St. Louis County, 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 innate defect in the design that subsequently passes the imperfection to all products with the same design. 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 incorrectly installing wires or electrical components or a tainted batch of something intended for drinking containing a poisonous substance.
- Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a danger that could arise 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 cleaning solutions that do not mention corrosive chemicals they contain on the label. The company that makes a product typically does not have to warn against risks that a reasonable person would anticipate. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to hold corporations accountable and persuade them to implement exhaustive safety procedures for ensuring that their products will not pose a danger to the public. 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 injure anyone. In those cases, your Burger Law defective products lawyer in West St. Louis County, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but full compensation.
Comparative Negligence in Defective Productions Claims in West St. Louis County, MO
Manufacturers, distributors and anyone else in the chain of distribution will often rely on the principle of comparative negligence when building their defense. Missouri Revised Statute §537.765 permits for the defendants to put forth the defense that you are liable for a portion of your injuries and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are an erroneous attempt a defendant makes to eschew their obligation to pay you for the damage their product did to you. Your West St. Louis County, 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 fault if the following situations apply:
- You did not use the product in a way the manufacturer could foresee. A manufacturer or seller 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 rifle 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 way the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can significantly decrease it. Say 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 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 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 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 say that any reasonable person would have known that they could be seriously injured doing such a thing.
- You failed to take necessary safety precautions. 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 are your fault because you had not adhered to proper protocols.
- You did not mitigate your damages. In any personal injury claim, you are expected 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 people in the chain of distribution can — and will — assert that comparative fault applies to your case, that does not mean you will definitely be blamed for part of the accident. Large corporations and insurance companies employ myriad dishonest ruses to try and minimize your claim, but your West St. Louis County, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair and try to take advantage of people who do not have the same resources. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the financial recovery you get, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal advocacy that matches and surpasses that of bullying corporations and insurance companies.
Defective Vehicle Parts Lawyer in West St. Louis County, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in West St. Louis County, MO. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual parts. Defective car parts can result in accident and fires, and fail to protect drivers and passengers from harm as intended. Common dangerous car components we see are:
- Electrical systems
- Door latches
Alternative vehicles like 4-wheelers can also cause damage, 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 West St. Louis County, MO
We need medical devices to enhance and extend our lives. 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 West St. Louis County, MO has seen be defective are:
- Artificial joints that can lead to infections, limited mobility, pain or frequent dislocations
- Pacemakers, which can lead to infections or even wrongful death because of premature failures
- Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when defective, can cause perforated 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 puncture organs, result in pelvic pain, excessive hemorrhaging and unwanted pregnancies
As the medical industry becomes more technologically advanced, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls rose by 126 percent, with software issues being the major factor.
In 2017, the U.S. Health and Human Services Department stated that over a decade Medicare had to spend at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us extensive pain instead of easing it. If a flawed medical device ended up aggravating your condition, your West St. Louis County, 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 manufacturer of 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 intended 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 return their mobility. When Burger Law was contacted 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 our original complaint here:
Defective Drug Lawyer in West St. Louis County, MO
The Federal Drug Administration has stringent procedures 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 third-party testing many drugs reach the shelves without an objective analysis of the potential drawbacks compared to the 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 West St. Louis County, MO to stand up to these bullying corporations and let them know that their behavior is unacceptable.
Hundreds of thousands of drugs 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 deteriorate because of reckless pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer now. 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 actions have taken someone from their family too soon.
Other common dangerous products we see in West St. Louis County, 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
West St. Louis County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in West St. Louis County, MO knows that being injured by a dangerous product can completely disrupt your life. That is why we strive to see the vulnerable in West St. Louis County and throughout Missouri be compensated 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 securing you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your West St. Louis County, 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 West St. Louis County, MO right away at (314) 500-HURT or contact us online to take the first step toward being made whole again.