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Defective Products Lawyer in Montgomery County, MO.

Defective Products Lawyer in Montgomery County, MO. If you or a family member sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Montgomery County, MO today at (314) 500-HURT or fill out our online form for a free case review.

Imagine what you do every day: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work in your vehicle, sit by a computer or work around machines, and/or use your iPhone on and off 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 at one point was engineered, manufactured, packaged and bought. When there is a breakdown in that process and a product becomes dangerous, it can have a catastrophic effect on Montgomery County, MO individuals and families. When that happens to you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and deliver you the great compensation you are owed.

In our In our 70 years of combined experience fighting for the rights of the injured and vulnerable, we have won our clients in Montgomery County and throughout Missouri in excess of $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 Montgomery County, MO immediately at (314) 500-HURT.

If you were injured by a faulty product in Montgomery County, MO, learn 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 useful links and FAQS from your Burger Law defective products injury lawyer in Montgomery County, MO:

Montgomery County, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that dangerous products account for in excess of 29 million injuries and 21,000 fatalities each year.

According to statistics from the Insurance Information Institute, in 2019 the mean average that people injured by dangerous 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 harm that can be caused when manufacturers and distributors do not obey adequate safety protocols.

If you were one of the many people hurt by a hazardous product, call a Burger Law defective products lawyer in Montgomery County, MO for passionate, committed and expert support and legal counsel.

How Defective Products Claims Work in Montgomery County, MO

Under Missouri Revised Statute §537.760, you and your Montgomery County, MO defective products lawyer can can hold a person or company to blame for your damages if three conditions are met:

  1. The person was involved in the product's stream of commerce.
  2. You used the product in a way logically expected.
  3. Either or both of the following conditions:
    1. The product was in a faulty condition that was unreasonably hazardous when it left the manufacturer's or distributor's and your injuries are a direct result of that defect, and/or
    2. Your injuries stemmed from a dangerous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial conception to sale, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product can be dismissed from the case if:

  • You discover who the manufacturer is, it still does business and is financially capable of compensating you for all of your injuries.
  • The distributor signs an affidavit under oath that their only involvement in the chain of distribution was selling it.
  • No other party in the case submits evidence that the seller was involved in any other facet of the chain of distribution.
  • The motion to dismiss is filed within 60 days.

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 had a larger role in the engineering of the product than they intimated, were otherwise to blame for the hazardous condition or the manufacturer cannot compensate you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the claim 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 hazardous condition could not be entirely understood before use by the public. This defense is only applicable to for inadequate warning product liability 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 cases in Montgomery County, MO are decided by the idea of negligence. We all owe each other a duty of care in certain situations; for example, Montgomery County, MO dog owners must always have control of their dog. When someone fails in that responsibility, for example if are injured by a fatigued truck driver they can be found responsible for your damages and would owe you compensation.

However, most product liability or hazardous products cases are determined by strict liability, meaning that anyone involved in the manufacture and sale of a product is accountable 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 Montgomery 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 — at the moment that it came into your possession.

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 inherent fault in the design that subsequently 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.
  2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either only make one product dangerous, 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 incorrectly installing wires or electrical components or using the wrong kind of screws or bolts.
  3. Inadequate Warnings and Instructions: This occurs when the product was not defective through design or manufacture, but rather when the manufacturer did not include correct and clear instructions or when there is a hazard that could arise 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 generally does not have to warn against obvious risks. For instance, they do not have to warn you that a match could start a fire.

Strict liability is intended to hold corporations accountable and persuade them to implement comprehensive safety protocols for verifying the safety of their products. Even so, too often corporations do not value our safety and concentrate more on their bottoms line than ensuring their products will not cause any damage. In those cases, your Burger Law defective products lawyer in Montgomery County, MO will fight on your behalf and demand only the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Montgomery County, MO

Manufacturers, sellers and anyone else in the chain of distribution will often rely on the theory of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows for those in the chain of distribution to put forth the defense that you are responsible 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 at fault for your injuries, you will only receive $70,000. Often, claims of comparative fault are a dishonest attempt a manufacturer makes to get out their responsibility to pay you for the damage their product did to you. Your Montgomery 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 negligence if the following situations apply:

  • You did not use the product in a way 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, standing on one to reach something is common. 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 gun 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 way the manufacturer did not intend. With this defense, the defendant will likely not be able to avoid liability altogether, but can significantly reduce it but can considerably diminish it. Say 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 knew of inherent hazards of the product while you were using it. This is often called as "Assumption of the risk," a principle in tort claims whereby, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
  • You displayed an unreasonable failure to appreciate the danger that a product's specific use could cause. For example, you modify a chainsaw or other tool to remove certain guards or safety measures. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
  • You did not 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 followed recommended safety measures.
  • 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 — argue that comparative fault applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Bullying corporations and insurance companies employ a variety of tricks to try and minimize your claim, but your Montgomery County, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies have a lot of money to throw at their defense and try to take advantage of people unfamiliar with Missouri laws. All you will ever owe is a contingency fee, which means we get paid a moderate percentage of the financial recovery you are awarded, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law now at (314) 500-HURT for legal advocacy that rivals and exceeds that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Montgomery County, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Montgomery County, 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 wrecks and fires, and lead to further injuries when the safety components to not work as they should. Common dangerous car components we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Electrical wires
  • Tires
  • Door latches
  • Engine cooling fan blades

Alternative vehicles like 4-wheelers can also cause damage, for instance many of them are prone 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 Montgomery County, MO

We trust medical devices to enhance and extend our lives. But, sometimes they can 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 Montgomery County, MO has seen be defective are:

  • Artificial hips, knees or other joints that can result in infections, instability, pain or frequent dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as anticipated
  • Robotic surgical assistants designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when faulty, can lead to perforated organs, infections and internal burns
  • Blood clot filters that allow dislodged blood clots to invade the lungs
  • Permanent birth control implements that can pierce organs, result in pain in the pelvic region, abnormal blood loss and unwanted pregnancies

As the medical industry keeps implementing new technologies, the numbers of recalls issued for medical devices has gone up exponentially. In the first three months of 2018, medical device recalls increased 126 percent, mostly due to defects in software.

In 2017, the U.S. Health and Human Services Department reported that over the span of a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 faulty cardiovascular devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Montgomery 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 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 incredible pain and lifelong damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was contacted by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Montgomery County, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must adhere to 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. That means that many medications 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, 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 Montgomery County, MO to stand up to these bullying corporations and let them know that their behavior is unacceptable.

Four thousand five hundred medications and medical devices are recalled in the U.S. annually, and many of them have already been widely ingested and used. If you or someone you love received injuries because of irresponsible pharmaceutical companies and corporations, call 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 has been inflicted because of their actions. Burger Law has already successfully won claims 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 see in Montgomery County, MO include:

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

Call Burger Law Now

Montgomery County, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Montgomery County, MO knows that being harmed by a faulty product can completely upend your life. That is why we have devoted our lives to seeing the injured in Montgomery County 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 wining 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 Montgomery County, MO family. We will fight by your side the entire away and never allow a powerful corporation think they can take advantage of you. Call a Burger Law defective products lawyer in Montgomery County, MO now at (314) 500-HURT or contact us online to start on the path to being made whole again.

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