Defective Products Lawyer in Montgomery County, MO.
Defective Products Lawyer in Montgomery County, MO. If you or someone you love was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Montgomery County, MO today at or fill out our online form for a free case review.
Imagine your daily routine: You may have a skincare routine or put on some hair gel in the morning, take a prescription, go to school or work on your bike, sit by a computer or work around machines, and/or use your cell phone throughout the day. You may drive go-carts on the weekend. You may even have a knee replacement or other medical implant. It seems we're always using or surrounded by some sort of technology that has gone through various stages of design and production before it reaches the market. When there is an error in the chain of distribution and a product becomes hazardous, it can have a catastrophic effect on on your life and lives of those you love in Montgomery County, MO. When that happens to you, you need the knowledgeable and committed legal representation of Burger Law's defective products lawyer team to fight on your behalf and get you the best possible financial recovery you are owed.
In our three decades of negotiation, litigation and trial experience, we have gotten our clients in Montgomery County and throughout Missouri in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no reason to wait. Get in touch with a defective products lawyer in Montgomery County, MO now at .
If you were injured by a defective product in Montgomery County, MO, discover the true value of your case by using our complimentary personal injury calculator.
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Montgomery 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?
Montgomery County, MO Defective Products Statistics
The Consumer Product Safety Commission estimates that hazardous products are responsible for more than 29 million injuries and 21,000 deaths each year.
According to data 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 harm that can be caused when manufacturers and vendors do not adhere to the rules.
If you were one of the many people injured by a faulty product, call a Burger Law defective products lawyer in Montgomery County, MO for empathetic, committed and experienced support and legal advocacy.
How Defective Products Claims Work in Montgomery County, MO
Pursuant to Missouri Revised Statute §537.760, you and your Montgomery County, MO defective products lawyer can can hold a person or corporation responsible for your injuries if three conditions are true:
- The corporation was part of the product's chain of distribution.
- The product was used in a way rationally foreseen.
- One or both of the following:
- The product was in a defective condition that was unreasonably hazardous when it left the manufacturer's or distributor's that was the proximate cause of your injuries, and/or
- Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.
The "stream of commerce" refers to anyone involved in the product from initial design to sale, including a distributor or seller. Under Missouri Revised Statute §5537.762, someone whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the suit if:
- The manufacturer is known, still exists and is financially capable of paying you for all of your damages.
- The distributor signs an affidavit under oath that they had nothing to do with the product beyond selling it.
- There is no evidence is submitted to the court that the distributor took part in any other facet of the chain of distribution.
- The motion to dismiss is filed within 60 days.
If the above conditions are fulfilled, the vendor would then be dismissed without prejudice, which means the decision to leave them out of the suit is not final. So, if later evidence proves that they had a larger role in the production of the product than they implied, were otherwise to blame for the hazardous condition or the manufacturer cannot compensate you for all of your damages, your defective products lawyer at Burger Law would then be able to call them back to court and ensure you get the great compensation you deserve.
Missouri Revised Statute §537.764 has an exception 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 will only work for 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.
Strict Liability and Negligence in Defective Products Claims: What's the Difference?
The majority of personal injury suits in Montgomery County, MO are won or lost based on the conception of negligence. We all have an obligation to each other's safety in certain situations; for example, drivers must drive in a way that's safe for other people on the Montgomery County, MO roads. When someone fails in that obligation, for instance if sustain an injury because you were hit by a distracted driver they may be found responsible for your damages and would owe you a financial recovery.
By contrast, most product liability or hazardous products claims are determined by strict liability, meaning that a designer, manufacturer or vendor is accountable 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 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 you acquired it.
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 fault in the design that subsequently affects all of that product model that go on to be manufactured. An example is an improperly designed safeguard on a power tool.
- 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 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 incorrectly installing wires or electrical components or not properly fastening components to each other.
- Failure to Warn of Known Risks or Dangers That Should Have Been Anticipated: This refers to a product that was designed and manufactured safely but caused injury because it did not give proper instructions or warnings about inherent 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 typically does not have to warn against obvious dangers. For example, they do not have to warn you that a chainsaw can cut you.
Strict liability is meant to incentivize corporations to implement thorough safety protocols for verifying that their products will not pose a danger to the public. However, 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. When that happens, your Burger Law defective products lawyer in Montgomery County, MO will hold them responsible by conducting a full investigation of your case and insisting on only the best possible compensation.
Comparative Negligence in Defective Productions Claims in Montgomery County, MO
An oft-used defense for manufacturers in a defective products claim is that you are at fault for all or a portion of your damages. Missouri Revised Statute §537.765 allows for the defendants to argue that you are liable for a portion of your damages and, therefore, they are not liable for the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent liable for your injuries, you will only receive $70,000. Often, comparative negligence arguments are an erroneous attempt a manufacturer makes to avoid their responsibility to reimburse you for the damage their product did to you. Your Montgomery County, MO defective products lawyer at Burger Law sees through that. Pursuant to the statute, the defense may say you shoulder some or all of the fault if one or several of the following circumstances are relevant in your case:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor is only has to make a product safe for ways that they can expect the public 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 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 that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid fault but can significantly lower 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 whereby, 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 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 would have been avoided had you adhered to recommended safety measures.
- 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 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 — try to convince the court 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 deceitful tactics to try and minimize your claim, but your Montgomery County, 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 have never had to file a lawsuit before. Our defective products lawyer team takes claims on a contingency fee basis, which means we collect a moderate percentage of the compensation you collect, and you do not pay us anything until you get the great compensation you deserve. Call Burger Law right away at for legal advocacy that rivals and surpasses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Montgomery County, MO
Our defective products lawyer team sees in Montgomery County, MO sees more defective vehicles than any other product, both because of their ubiquity and because of how many components are involved. In 2019 alone, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause accident and fires, and lead to further injuries when the safety components to not function as they should. Common defective automobile components we see are:
- Fuel systems
- Electrical systems
- Engine cooling fan blades
Alternative vehicles like 4-wheelers can also cause injuries, 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 Montgomery County, MO
We trust medical devices to enhance and extend our lives. But, sometimes they actually do the opposite and cause us further injuries when not manufactured, shipped or implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Montgomery County, MO has seen be defective are:
- Artificial joints that can lead to infections, instability, chronic soreness 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 hard to reach areas which, when defective, can result in pierced organs, infections and internal burns
- Blood clot filters that allow free-floating blood clots to travel up to the lungs
- Permanent birth control devices that can puncture organs, lead to pain in the pelvic region, abnormal hemorrhaging and unintended pregnancies
As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has soared. In the first three months of 2018, medical device recalls increased 126 percent, mostly owing to issues with software.
In 2017, the U.S. Health and Human Services Department announced that over 10 years Medicare paid out 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 advanced medical devices might cause us extensive pain instead of improving our lives. If a faulty medical device ended up worsening 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 manufacturer of joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of flaws in their packaging and shipping process, the replacements do not last nearly as long as they were built to and have caused unimaginable pain and permanent damage to possibly as many as 150,000 people who had received the replacement joint. 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 read the complaint we filed for our first client here:
Defective Drug Lawyer in Montgomery County, MO
The Federal Drug Administration has firm procedures for the testing, labeling, packaging and shipping of prescription drugs. 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 independent testing many drugs reach the shelves whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people they are supposed to be helping. 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 Montgomery County, MO to stand up for the vulnerable and let these corporations know that their behavior is unacceptable.
Four thousand five hundred 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 had your condition worsen because of careless pharmaceutical companies and corporations, reach out to 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 accountable. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have some sense of peace for the wrongful death of their loved one.
Other examples of defective products we file suit for in Montgomery County, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Cosmetic products
Montgomery County, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Montgomery County, MO knows that being injured by a dangerous product can completely upend your life. That is why we endeavor to see the injured in Montgomery 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 do not hesitate to start working on securing you a financial recovery for all of your medical costs and lost wages, in addition to 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 that they are going to win every time. Call a Burger Law defective products lawyer in Montgomery County, MO immediately at or contact us online to start on the path to being made whole again.