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Defective Products Lawyer in Marshall, MO.

Defective Products Lawyer in Marshall, MO. If you or a family member sustained an injury because of a dangerous product, reach out to a Burger law defective products lawyer in Marshall, MO today at (314) 500-HURT or fill out our online form for a complimentary consultation.

Picture what you do every day: You may make coffee in a coffee maker 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 android throughout the day. You may go boating on the weekend. You may even have a ankle 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 hazardous, it can have a disastrous effect on Marshall, MO individuals and families. When that happens to you, you need the expert and dedicated legal services of Burger Law's defective products lawyer team to stand in your corner and get you the great financial recovery you deserve.

In our In our 70 years of combined experience fighting for fairness and justice, we have secured our clients in Marshall and beyond more than $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason to wait. Call a defective products lawyer in Marshall, MO now at (314) 500-HURT.

If you were harmed by a faulty product in Marshall, MO, find out the true value of your claim by utilizing 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 Marshall, MO:

Marshall, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that faulty products are responsible for more than 29 million injuries and 21,000 fatalities 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 incredible devastation that can be caused when manufacturers and vendors do not obey adequate safety protocols.

If you or someone you know was harmed by a dangerous product, call a Burger Law defective products lawyer in Marshall, MO for understanding, dedicated and knowledgeable support and legal advocacy.

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

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

  1. The corporation was involved in the product's stream of commerce.
  2. You used the product in a manner rationally expected.
  3. One or both of the following:
    1. The product was in a defective condition that was unreasonably hazardous when you bought the product that was the proximate cause of your injuries, and/or
    2. You were injured because there was a hazardous characteristic of the product and the labeling or instructions did not give adequate warning.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to sale, including the person or entity you bought the product from. According to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may avoid liability if:

  • You discover who the manufacturer is, it still does business and is able to pay for all of your injuries.
  • The entity that sold it makes an affidavit under oath that their only involvement in the stream of commerce was selling it.
  • No other party in the case puts forward evidence that the seller took part in any other facet of the chain of distribution.
  • The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the aforementioned conditions are met, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise liable for the hazardous condition or the manufacturer cannot pay for the entirety of your injuries, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great financial recovery you deserve.

Missouri Revised Statute §537.764 provides one defense for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense is only applicable to for inadequate warning defective products lawsuits, and the burden of proof is on the defense.

Strict Liability and Negligence in Defective Products Claims: What's the Difference?

The majority of personal injury suits in Marshall, MO depend on the conception of negligence. We all have an obligation 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 is negligent, for instance if if there a loose floor boards at a restaurant that cause you to fall they can be found responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or dangerous products cases come down to strict liability, meaning that anyone involved in the manufacture and sale of a product is at fault for any damage 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 Marshall, 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 innate flaw in the design that afterwards affects all products with the same design. An example is a piece of clothing that is easily flammable.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes 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 not properly fastening components to each other.
  3. Insufficient 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 hazard that could come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects 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 obvious risks. For instance, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to incentivize corporations to implement comprehensive safety procedures for guaranteeing that their products will not put the people who use it at risk. However, too often companies do not respect their obligation to make safe products and concentrate more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Marshall, MO will fight on your behalf and demand only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Marshall, MO

A common defense for manufacturers in a defective products lawsuit is that you are to blame for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the manufacturer or vendor to posit that you are liable 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 determines that you have $100,000 in damages but finds you were 30 percent responsible for your injuries, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to avoid their duty to pay you for the harm they have caused. Your Marshall, MO defective products lawyer at Burger Law has seen that defense and successfully fought against it many times. Pursuant to the statute, the defense may argue 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 manner 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, 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 put wheels on a chair and are injured racing it down the street, you likely do not have a claim because the manufacture would not be expected to foresee that happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can considerably diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto accident. A pharmaceutical company could reasonably see someone doing that, but will not be completely responsible because you were being reckless.
  • You knew of inherent hazards of the product while you were using it. 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
  • You failed 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 are your fault because you had not obeyed proper protocols.
  • You failed to try to keep your damages to a minimum. In any personal injury claim, you have a duty to try to lessen the financial recovery you are owed. 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 stream of commerce can — and will — assert that comparative negligence applies to your claim, that does not mean they will be successful. Large corporations and insurance companies implement myriad dishonest ruses to try and minimize your claim, but your Marshall, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies are unfair and try to take advantage of people who do not have the same resources. Our defective products lawyer team takes claims on a contingency fee basis, which means we get paid a moderate percentage of the compensation you receive, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law immediately at (314) 500-HURT for legal representation that parallels and eclipses that of resistant corporations and insurance companies.

Defective Vehicle Parts Lawyer in Marshall, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Marshall, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause crashes and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous car parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wiring
  • Tires
  • Seats
  • Headlights and taillights

Offroad 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 Marshall, MO

We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Marshall, MO has seen be defective include:

  • Artificial hips, knees or other joints that can lead to 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 they malfunction, can cause 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 perforate organs, lead to pelvic pain, excessive blood loss and unintended pregnancies

As the medical industry keeps inventing new technologies, medical device recalls have soared. In the first quarter of 2018, medical device recalls increased 126 percent, mostly because of issues with software.

In 2017, the U.S. Health and Human Services Department reported that over the span of a decade Medicare spent at least $1.5 billion to replace over 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 easing it. If a defective medical device ended up aggravating your condition, your Marshall, 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. 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 unthinkable pain and lifelong 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 read our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Marshall, MO

The Federal Drug Administration has strict protocols that pharmaceutical companies must follow 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 drugs reach the market without an objective analysis of the potential drawbacks compared to the potential benefits. Too many pharmaceutical companies value their bottom line over 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 Marshall, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

Four thousand five hundred medications 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 fight hard to see justice restored by securing you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their negligence has taken someone from this world too soon.

Other common dangerous products we see in Marshall, MO include:

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

Call Burger Law Now

Marshall, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Marshall, MO knows that being harmed by a hazardous product can completely disrupt your life. That is why we endeavor to see the injured in Marshall 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 do not hesitate to start working on wining you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Marshall, 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 Marshall, MO now at (314) 500-HURT or contact us online to take the first step toward being made whole again.

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