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Defective Products Lawyer in Maryville, MO.

Defective Products Lawyer in Maryville, MO. If you or someone you love was hurt by a dangerous product, get in touch with a Burger law defective products lawyer in Maryville, MO now at (314) 500-HURT or fill out our online form for a free case review.

Picture your daily routine: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit at in a chair or work around heavy equipment, and/or use your iPhone throughout the day. You may drive go-carts on the weekend. You may even have a prosthetic limb 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 buyer. When there is an error in the chain of distribution and a product becomes defective, it can have a disastrous impact on on your life and lives of those you love in Maryville, MO. When that happens to you, you need the skilled and committed legal services of Burger Law's defective products lawyer team to stand up to powerful corporations and secure you the maximum compensation you are owed.

In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have gotten our clients in Maryville 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. Get in touch with a defective products lawyer in Maryville, MO immediately at (314) 500-HURT.

If you were harmed by a faulty product in Maryville, MO, find out the true value of your claim by using 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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Below are some helpful links and FAQS from your Burger Law defective products injury lawyer in Maryville, MO:

How Common Are Defective Products in Maryville, MO?

The Consumer Product Safety Commission states that faulty products cause in excess of 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 harm 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 Maryville, MO for compassionate, dedicated and skilled support and legal representation.

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

Pursuant to Missouri Revised Statute §537.760, you and your Maryville, MO defective products lawyer can can hold a person or corporation accountable for your damages if three conditions are met:

  1. The corporation was involved in the product's chain of distribution.
  2. You used the product in a manner easily foreseen.
  3. Either or both of the following conditions:
    1. The product had a faulty condition that was unreasonably hazardous when it left the manufacturer's or seller's that was the proximate cause of your injuries, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.

The "stream of commerce" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to sale, including a distributor or seller. Under Missouri Revised Statute §5537.762, someone who had nothing to do with the product beyond selling it may be dismissed from the case if:

  • You discover who the manufacturer is, it has not closed their business and can afford to pay for the entirety of your damages.
  • The vendor signs an affidavit under oath that their only involvement in the process was selling it.
  • No other party in the case comes forward with evidence that the distributor took part in any other facet of the chain of distribution.
  • The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the aforementioned conditions are fulfilled, 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 design or manufacture of the product, 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 then be able to call them back to court and ensure that every liable 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 completely understood before use by the consumer. This defense is only valid for failure to warn product liability cases, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

Most personal injury suits in Maryville, MO are won or lost based on the notion of negligence. We all owe each other a duty of care in certain situations; for example, doctors must treat their Maryville, MO patients with a standard of care. When someone fails in that responsibility, for example if sustain an injury because you were hit by a distracted driver they may be held liable for your damages and would owe you compensation.

By contrast, most product liability or defective products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is to blame for any damage that results the reasonable use of a product, 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 Maryville, 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:

  1. Design Defect: A design defect is an innate fault in the design that afterwards passes the fault to 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 dangerous because of mistakes in the manufacturing process. This can either affect only one product, for example, one can of soda may have a bug in it, or all of them may contain potentially dangerous chemicals. An example could be incorrectly installing wires or electrical components or leaving sharp edges on plastic or other materials.
  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 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. A manufacturer typically does not have to warn against obvious risks. For example, they do not have to warn you that a match could start a fire.

Strict liability is meant to encourage corporations to implement comprehensive safety protocols for ensuring the safety of their products. Even so, too often companies do not value our safety and try to focus more on their bottoms line than ensuring their products will not cause any damage. When that happens, your Burger Law defective products lawyer in Maryville, MO will hold them accountable by conducting a full investigation of your case and demanding nothing but the best possible compensation.

Comparative Negligence in Defective Productions Claims in Maryville, MO

A common defense for manufacturers in a defective products case is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the defendants 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 the accident, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt a manufacturer makes to eschew their responsibility to reimburse you for the damage their product did to you. Your Maryville, MO defective products lawyer at Burger Law sees through that. Under the statute, the defense may argue you shoulder 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 distributor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, while chairs are meant to be sat on, it is easy to predict that someone will stand on one. So if a certain model of chair is dangerous to stand on, the manufacturer needs to include a warning not to stand on it. On the other hand, if you use a loaded shotgun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not be expected to foresee that use of the product.
  • 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 totally avoid liability but can considerably decrease it. Suppose you combine a certain medication with alcohol, producing negative side-effects or leading you to cause a car crash. 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 principle in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, 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 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 hurt doing such a thing.
  • You neglected to take necessary safety precautions. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce 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 obeyed recommended safety measures.
  • You failed to mitigate your damages. 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 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 you will definitely be blamed for part of the accident. Large corporations and insurance companies use a lot of dishonest ruses to try and minimize your claim, but your Maryville, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal advocacy that matches and eclipses that of bullying manufacturers and sellers and insurance adjusters.

Defective Vehicle Parts Lawyer in Maryville, MO

Our defective products lawyer team sees in Maryville, 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, more than 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can cause wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common defective motor vehicle components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical systems
  • Wheels
  • Steering systems
  • Headlights and taillights

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 Maryville, MO

Medical devices are meant to improve the lives of the people who need them. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Maryville, MO has seen cause further injuries to patients are:

  • Artificial joints that can cause infections, limited mobility, chronic soreness or frequent dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants intended to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can cause 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 puncture organs, result in pelvic pain, excessive hemorrhaging and unintended pregnancies

As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the foremost cause.

In 2017, the U.S. Health and Human Services Department announced that in the course of a decade Medicare spent at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. We should not have to worry that these highly technological medical devices might cause us extensive pain instead of helping us. If a flawed medical device ended up worsening your condition, your Maryville, 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, was forced to recall several models of their Polyethylene Knee Replacements. Their knee replacements were incorrectly packaged and shipped, causing them to do not last nearly as long as they were built to and have caused unimaginable pain and permanent damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. When Burger Law was retained 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 by clicking the button below:

View Complaint

Defective Drug Lawyer in Maryville, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must adhere to from manufacturing to sale. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many medications reach the market 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 they are supposed to be helping. 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 Maryville, MO to stand up to these bullying corporations and make them realize that their conduct is deplorable.

Hundreds of thousands of medications and medical devices are taken off the national market each year, and that is often after many people have already turned to them for treatment and relief. If you or someone you care about received injuries because of irresponsible pharmaceutical companies and manufacturers, call 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 responsible. 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 defective products we file suit for in Maryville, MO include:

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

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Maryville, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Maryville, 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 vulnerable in Maryville and throughout Missouri get 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 do not hesitate to start working on securing you a financial recovery for all of your medical costs and lost wages, as well as the emotional and physical hardships your injury has inflicted on you and your Maryville, 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 Maryville, MO right away at (314) 500-HURT or contact us online to start on the path to a true recovery.

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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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