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Defective Products Lawyer in Town & Country, MO.

Defective Products Lawyer in Town & Country, MO. If you or a loved one sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Town & Country, MO immediately at (314) 500-HURT or fill out our online form for a free case evaluation.

Think of what your daily like looks like: You may have a skincare routine or put on some hair gel in the morning, take allergy medication, go to school or work on a bus, sit at in a chair or work around heavy equipment, and/or use your android throughout the day. You may go boating on your days off. You may even have a joint 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 buyer. When there is an error in the stream of commerce and a product becomes defective, it can cause severe injuries to you and your Town & Country, MO family. If tragedy struck you, you need the skilled and committed legal services of Burger Law's defective products lawyer team to fight on your behalf and win you the great financial recovery you are owed.

In our 30 years of negotiation, litigation and trial experience, we have gotten our clients in Town & Country and throughout Missouri more than $170 million. Our initial case evaluations 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 Town & Country, MO now at (314) 500-HURT.

If you were injured by a defective product in Town & Country, MO, discover the true value of your claim by utilizing our complimentary personal injury calculator.

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The following are some useful links and FAQS from your Burger Law defective products injury lawyer in Town & Country, MO:

Town & Country, MO Defective Products Statistics

The Consumer Product Safety Commission estimates that hazardous products are responsible for more than 29 million injuries and 21,000 fatalities annually.

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 harmed by a dangerous product, call a Burger Law defective products lawyer in Town & Country, MO for understanding, devoted and skilled support and legal representation.

How Defective Products Claims Work in Town & Country, MO

Pursuant to Missouri Revised Statute §537.760, you and your Town & Country, MO defective products lawyer can can hold a person or company responsible for your damages if three conditions are met:

  1. The person was involved in the product's stream of commerce.
  2. The product was used in a manner easily anticipated.
  3. One or both of the following:
    1. The product had a faulty condition that was unreasonably hazardous when the product was sold that caused you direct harm, and/or
    2. You were injured because there was a dangerous 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 purchase, including a distributor or seller. According to Missouri Revised Statute §5537.762, an entity who had nothing to do with the product beyond selling it may be dismissed from the case if:

  • The manufacturer is known, has not closed their business and is financially capable of paying you for all of your injuries.
  • The seller signs an affidavit under oath that their only involvement in the process was selling it.
  • No other party in the case submits evidence that the seller took part in any other part of the chain of distribution.
  • The motion to dismiss is filed within 60 days.

If those conditions are met, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence shows that they were actually involved in the engineering of the product, were otherwise to blame for the fault or the manufacturer is unable to reimburse you for all of your damages, your defective products lawyer at Burger Law would have them re-entered into the claim and ensure that every to-blame party is held responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," meaning that a dangerous aspect of the product was not known and could not be discovered when the product hit the shelves. This defense will only work for for inadequate warning defective products lawsuits, and the burden of proof is on the defense.

The Difference Between Strict Liability and Negligence in Defective Products Cases

The majority of personal injury cases in Town & Country, MO are won or lost based on the conception of negligence. We all have a duty 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 are injured by a fatigued truck driver they might be found responsible for your damages and would be obligated to reimburse you for your injuries and other damages.

However, most product liability or defective products claims are strict liability claims, meaning that anyone involved in the manufacture and sale of a product is liable 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 Town & Country, 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 inherent flaw in the design that subsequently affects all of that product model that go on to be manufactured. 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 a failure in the manufacturing process. This can either only make one product dangerous, 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 installing outdated components or leaving sharp edges on plastic or other materials.
  3. Inadequate Warnings and Instructions: This refers to a product that was designed and manufactured safely but caused harm because it did not give proper instructions or warnings about innate dangers. 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. The company that makes a product typically does not have to warn against risks that a reasonable person would anticipate. For instance, they do not have to warn you that a match could start a fire.

Strict liability is meant to incentivize corporations to implement comprehensive safety procedures for ensuring the safety of their products. Even so, too often corporations do not value our safety and try to focus more on their bottoms line than ensuring their products will not injure anyone. When that happens, your Burger Law defective products lawyer in Town & Country, 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 Town & Country, MO

A common defense for manufacturers in a defective products case is that you are responsible for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to argue that you share a portion of your damages and, therefore, they are not liable for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, you will only receive $70,000. Often, claims of comparative fault are an erroneous attempt a manufacturer makes to get out their responsibility to pay you for the harm they have caused. Your Town & Country, 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 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 vendor 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. 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 be expected to foresee that happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, the defendant will likely not be able to avoid liability altogether, but can considerably reduce it but can significantly lower 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 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 principle in tort claims wherein, if the injured party was aware of risks, 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 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 harmed doing such a thing.
  • You neglected 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 adhered to recommended precautions.
  • You did not mitigate your damages. 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 — try to convince the court that comparative negligence applies to your case, that does not mean they will be successful. Bullying corporations and insurance companies implement a lot of dishonest ruses to try and devalue your claim, but your Town & Country, 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 file a lawsuit before. All you will ever owe is a contingency fee, which means we collect a moderate percentage of the compensation you collect, 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 parallels and exceeds that of bullying manufacturers and vendors and insurance companies.

Defective Vehicle Parts Lawyer in Town & Country, MO

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

  • Brakes
  • Airbags
  • Fuel systems
  • Windshield wipers
  • Tires
  • Steering systems
  • Engine cooling fan blades

Offroad 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 Town & Country, MO

We need medical devices to enhance and extend our lives. But, sometimes they can do the opposite and make our lives worse when they are defective. Common medical devices that your Burger Law defective products lawyer in Town & Country, MO has seen cause further injuries to patients include:

  • Artificial hips, knees or other joints that can lead to infections, instability, pain or frequent dislocations
  • Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as expected
  • Robotic surgical assistants intended to operate on hard to reach areas which, when they do not work properly, can cause perforated organs, infections and internal burns
  • Blood clot filters that do not sufficiently protect the lungs from free-floating blood clots
  • Permanent birth control devices that can puncture organs, lead to pelvic pain, abnormal bleeding and unwanted pregnancies

As the medical industry becomes more high-tech, the amount of recalls issued for medical devices has increased exponentially. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the chief cause.

In 2017, the U.S. Health and Human Services Department announced that over the span of 10 years Medicare spent at least $1.5 billion to replace over 73,000 defective cardiovascular devices alone. Medical devices should help alleviate pain and lengthen our lifespans, not cause further damage. If a flawed medical device ended up worsening your condition, your Town & Country, MO defective injuries lawyer at Burger Law will fight for your right to be reimbursed when your trust was betrayed.

In February 2022, Exactech, a company that manufactures implants and joint replacements, was forced to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements degrade sooner than anticipated and have caused unthinkable pain and permanent damage to potentially as many as 150,000 patients 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 continue to take on Exactech Knee Replacement cases. You can read the complaint we filed for our first client here:

View Complaint

Defective Drug Lawyer in Town & Country, MO

The Federal Drug Administration has stringent procedures 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. That means that many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations put profit 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 Town & Country, 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 annually, and many of them have already been widely ingested and used. If you or a family member had your condition worsen because of irresponsible pharmaceutical companies and corporations, reach out to a Burger Law defective products injury lawyer immediately. We fight hard to see justice served by securing you compensation and holding negligent corporations liable. 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 common defective products we file suit for in Town & Country, MO include:

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

Call Burger Law Now

Town & Country, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Town & Country, MO knows that being harmed by a dangerous product can completely upend your life. That is why we strive to see the injured in Town & Country and throughout Missouri collect maximum 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 expenses and lost wages, in addition to the emotional and physical hardships your injury has inflicted on you and your Town & Country, 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 Town & Country, MO right away at (314) 500-HURT or contact us online to start on your journey to true healing.

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