have you been injured by a dangerous product in Missouri? Call Burger Law now.
Defective Products Lawyer in Winston, MO.
Defective Products Lawyer in Winston, MO. If you or a loved one sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Winston, MO today at (314) 500-HURT or fill out our online form for a complimentary case review.
Imagine what you do every day: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your car, sit at in a chair or work around heavy equipment, and/or use your android at various times during the day. You may go boating on your days off. You may even have a ankle replacement or other medical implant. It seems we're always using or surrounded by some sort of product that had to be engineered, produced, packaged and sold. When there is an error in the stream of commerce and a product becomes defective, it can cause severe harm to you and your Winston, MO family. If tragedy struck you, you need the knowledgeable and committed legal representation of Burger Law's defective products lawyer team to stand up to powerful corporations and deliver you the maximum compensation you are owed.
In our In our three decades of experience fighting for the rights of the injured and vulnerable, we have delivered our clients in Winston and beyond over $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 Winston, MO today at (314) 500-HURT.
If you were harmed by a faulty product in Winston, MO, discover how much your claim may be worth by using our free personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
Below are some useful links and FAQS from your Burger Law defective products injury lawyer in Winston, 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?
Winston, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that dangerous products result in 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 people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That speaks to the extreme harm 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 Winston, MO for empathetic, dedicated and talented support and legal representation.
How Defective Products Claims Work in Winston, MO
According to Missouri Revised Statute §537.760, you and your Winston, MO defective products lawyer can make a "strict liability" claim if three factors are true:
- The person was involved in the product's stream of commerce.
- The product was used in a way logically expected.
- Either or both of the following conditions:
- The product was in a defective condition that was unreasonably dangerous when it left the manufacturer's or seller's and your injuries are a direct result of that defect, and/or
- The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.
The "stream of commerce" refers to anyone involved in the product from initial conception to sale, 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 seller or distributor of the product can be dismissed from the claim if:
- The manufacturer is known, has not closed their business and is financially capable of paying you for all of your injuries.
- The distributor 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 distributor was involved 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 above conditions are satisfied, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they had a larger role in the design and manufacture of the product than they led on, were otherwise responsible for the fault or the manufacturer is unable to reimburse you for the entirety of the economic, physical and emotional loss 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 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 went to market. This defense is only valid for inadequate warning product liability cases, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.
Have You Been Injured from a Dangerous Product?
Click to view video
What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
Click to view video
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury lawsuits in Winston, MO depend on the conception of negligence. We all owe each other a duty of care in certain situations; for example, trucking companies must not overwork their drivers. When someone is negligent, for instance if sustain an injury because you were hit by a distracted driver they can be found responsible for your damages and would owe you compensation.
By contrast, most product liability or hazardous products cases are strict liability claims, meaning that a designer, manufacturer or vendor is to blame for any injuries 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 Winston, 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:
- Design Defect: A design defect is an innate flaw in the design that afterwards passes the defect to 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 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 installing outdated components or leaving sharp edges on plastic or other materials.
- Failure to Warn of Known Risks or Risks That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused injury because it did not give adequate instructions or warnings about innate dangers. 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. 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 meant to hold corporations accountable and persuade them to implement comprehensive safety procedures for verifying that their products will not pose a danger to the public. Even so, too often corporations do not respect their obligation to make safe products and try to focus more on cutting costs than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Winston, MO will fight on your behalf and insist on only a complete financial recovery.
Comparative Negligence in Defective Productions Claims in Winston, MO
Manufacturers, distributors and anyone else in the stream of commerce will often rely on the principle of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the manufacturer or seller to posit that you are responsible for a portion of your damages 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 responsible for the accident, you will only receive $70,000. Often, comparative negligence arguments are a disingenuous attempt an entity involved in the chain of distribution makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Winston, MO defective products lawyer at Burger Law sees through that. 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 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. 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 way 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 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 principle in tort claims whereby, 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 displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you were injured while snowmobiling at high speeds in a blizzard on icy surfaces. The defense could say that any reasonable person would have known that they could be seriously harmed doing such a thing.
- You did not take necessary safety precautions. Putting adequate warnings and safety instructions on a product's labeling 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 would have been avoided had you adhered to proper protocols.
- You did not try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to keep your damages as low as you reasonable can. For example, you cannot seek unnecessary medical treatment. 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 chain of distribution can — and will — work hard to persuade a jury that you share part of the blame, that does not mean the claim is automatically true. Powerful corporations and insurance companies use a variety of tricks to try and minimize your claim, but your Winston, 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 who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you get, and we do not collect any attorney's fees until we win your case. Call Burger Law now at (314) 500-HURT for legal representation that matches and exceeds that of bullying corporations and insurance adjusters.
Defective Vehicle Parts Lawyer in Winston, MO
Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Winston, MO. In 2019 alone, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to accident and fires, and lead to further injuries when the safety components to not function as they should. Common dangerous motor vehicle parts we see are:
- Fuel systems
- Windshield wipers
- Steering systems
- Engine cooling fan blades
Offroad vehicles like ATVs can also cause harm, for instance many of them are prone to flipping 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 Winston, MO
We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and cause us further complications when they are defective. Examples of medical devices that your Burger Law defective products lawyer in Winston, MO has seen cause further injuries to patients are:
- Artificial joints that can result in 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 hard to reach areas which, when they do not work properly, can result in punctured organs, infections and electrical burns
- Blood clot filters that do not sufficiently protect the lungs from dislodged blood clots
- Permanent birth control implements that can perforate organs, result in pelvic pain, abnormal hemorrhaging and unplanned pregnancies
As the medical industry keeps implementing new technologies, medical device recalls have soared. In the first quarter 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 stated that throughout 10 years Medicare paid out at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a defective medical device caused you damages, your Winston, 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 oversights 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 had received the replacement joint. 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 button below:
Defective Drug Lawyer in Winston, MO
The Federal Drug Administration has firm protocols for the testing, labeling, packaging and shipping of prescription drugs. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the market. 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 corporations value their bottom line over the safety of the people who need medicine and treatments that truly help their condition. 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 Winston, MO to stand up for the vulnerable and let these corporations know that their conduct is intolerable.
Hundreds of thousands of 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 someone you love had your condition worsen because of reckless pharmaceutical companies and corporations, reach out to 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 held opioid manufacturers accountable when their negligence has taken someone from this world too soon.
Other common defective products we see in Winston, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
Call Burger Law Now
Winston, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Winston, MO knows that being injured by a dangerous product can completely disrupt your life. That is why we strive to see the injured in Winston 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 securing you a financial recovery for all of your medical bills and lost wages, as well as the mental and physical toll your injury has inflicted on you and your Winston, MO family. We will stand 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 Winston, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.