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, call a Burger law defective products lawyer in Town & Country, MO now at or fill out our online form for a complimentary case review.
Picture your daily routine: You may have put on some lotion or 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 cell phone at various times during the day. You may go boating on your days off. You may even have a knee replacement or other medical device. 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 buyer. When there is an error in that process and a product becomes hazardous, it can cause serious injuries to you and your Town & Country, MO family. If tragedy struck you, you need the knowledgeable and committed legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the great compensation you deserve.
In our three decades of negotiation, litigation and trial experience, we have delivered our clients in Town & Country and throughout Missouri more than $170 million. Talking to us is free, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Town & Country, MO now at .
If you were injured by a dangerous product in Town & Country, MO, find out how much your claim may be worth by filling out our free personal injury calculator.
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The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Town & Country, 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?
How Common Are Defective Products in Town & Country, MO?
The Consumer Product Safety Commission states that faulty products account for over 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 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 empathetic, devoted and experienced support and legal counsel.
What is the Process for Defective Products Claims in Town & Country, MO?
- The person was part of the product's stream of commerce.
- The product was used in a manner logically foreseen.
- One or both of the following:
- The product had a defective condition that was unreasonably hazardous when you bought the product that caused you direct harm, and/or
- 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 involved in the product from initial conception to sale, including a distributor or seller. Pursuant to Missouri Revised Statute §5537.762, an entity sold the product but were not involved in the design or manufacture of it can be dismissed from the lawsuit if:
- The manufacturer is known, has not closed their business and is able to compensate you for the entirety of your injuries.
- The vendor signs an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
- There is no evidence is presented to the court that the vendor took part in any other part of the stream of commerce.
- The dismissal is requested to the court no later than 60 days after the complaint is filed.
If the above conditions are fulfilled, the distributor would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence demonstrates that they had a larger role in the production of the product than they intimated, were otherwise liable for the hazardous condition or the manufacturer cannot compensate you for the entirety of the economic, physical and emotional loss 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 mentions a caveat for "state of the art products," where a dangerous condition could not be fully understood before use by the public. This defense is only applicable to for failure to warn defective products claims, and the burden of proof is on the defense.
The Difference Between Strict Liability and Negligence in Defective Products Cases
Most personal injury claims in Town & Country, MO are won or lost based on the idea of negligence. We all have an responsibility to each other's safety in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that duty, for example if sustain an injury because you were hit by a distracted driver they can be found responsible for your damages and would owe you a financial recovery.
By contrast, most product liability or hazardous products cases come down to strict liability, meaning that anyone in the chain of distribution 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 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:
- Design Defect: A design defect is an inherent defect in the design that subsequently passes the imperfection to all products with the same design. An example is an electrical appliance that can overheat and cause fires.
- Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of a failure 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 bugs or other contaminants found in beverages or not properly fastening components to each other.
- Insufficient Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could arise 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 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 risks that a reasonable person would anticipate. For instance, they do not have to warn you that a chainsaw can cut you.
Strict liability is intended to encourage corporations to implement exhaustive safety protocols for guaranteeing that their products will not put the people who use it at risk. However, too often corporations are negligent and spend more energy on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Town & Country, MO will hold them accountable by conducting a full investigation of your case and insisting on nothing but complete compensation.
Comparative Negligence in Defective Productions Claims in Town & Country, MO
A common defense for manufacturers in a product liability lawsuit is that you are liable for all or a percentage of your damages. Missouri Revised Statute §537.765 allows for those in the stream of commerce to argue that you are liable for a portion of the fault and, therefore, they do not have to pay you your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent to blame for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to get out their duty to pay you for the damage their product did to you. 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 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 way 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. 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 reasonably foresee that use of the product.
- 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 significantly decrease 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 knew of inherent risks of the product while you were using it. This is often called as "Assumption of the risk," a concept in tort claims whereby, if the injured party was aware of risks, 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 injured doing such a thing.
- You did not take necessary safety precautions. 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 precautions.
- You failed to try to keep your damages to a minimum. In any personal injury claim, you are ethically bound 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 the manufacturer or vendor can — and will — assert that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies use myriad deceitful tactics to try and lower your claim, but your Town & Country, MO defective products lawyer at Burger Law knows how to combat them. We know these large corporations are unfair and try to take advantage of people who have never had to make an injury claim before. All you will ever owe is a contingency fee, which means our only fee is a moderate percentage of the financial recovery you get, and you do not pay us anything until we win your case. Call Burger Law immediately at for legal advocacy that rivals and exceeds that of bullying corporations and insurance adjusters.
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, in excess of 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can lead to wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common defective car components we see are:
- Fuel systems
- Windshield wipers
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 Town & Country, MO
Medical devices are intended to improve the lives of the people who need them. But, sometimes they can do the opposite and cause us even more injuries when they are defective. Common medical devices that your Burger Law defective products lawyer in Town & Country, MO has seen cause further complications for patients are:
- Artificial joints that can cause infections, instability, pain or frequent dislocations
- Cardiovascular devises, which can cause infections or even wrongful death when they do not last as long as anticipated
- Robotic surgical assistants intended to operate on hard to reach areas which, when defective, can result in punctured 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 perforate organs, lead to pelvic pain, abnormal blood loss and unplanned pregnancies
As the medical industry becomes more technologically advanced, the numbers of recalls issued for medical devices has skyrocketed. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the leading cause.
In 2017, the U.S. Health and Human Services Department reported that in the course of 10 years Medicare paid out at least $1.5 billion to replace over 73,000 faulty cardiovascular devices alone. Medical devices should help mitigate pain and lengthen our lifespans, not cause further damage. If a defective medical device caused you damages, your Town & Country, MO defective injuries lawyer at Burger Law will fight for your right to be compensated when your trust was betrayed.
In February 2022, Exactech, a company that manufactures implants and joint replacements, issued an Exactech Polyethylene Knee Replacement Recall. Because of oversights in their packaging and shipping process, the replacements deteriorate sooner than anticipated and have caused unthinkable pain and permanent damage to potentially as many as 150,000 people who were depending on the replacement joint to ease their pain. When Burger Law was contacted 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:
Defective Drug Lawyer in Town & Country, MO
The Federal Drug Administration has firm procedures that pharmaceutical companies must adhere to from manufacturing to delivery. However, the administration uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. With no absolute independent testing many medications reach the market whose potential side effects greatly outweigh their 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, 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 Town & Country, MO to stand up to these bullying corporations and let them know that their conduct is intolerable.
Four thousand five hundred prescriptions and medical devices are taken off the national market each year, and many of them have already been widely ingested and used. If you or someone you love had your condition worsen because of careless pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer as soon as possible. We protect the rights of the injured and vulnerable and make sure negligent corporations know how much damage they have caused. 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 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
Town & Country, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Town & Country, MO knows that being hurt by a hazardous product can completely upend your daily routine, your family and even your present and future financial security. That is why we have dedicated our careers to seeing the vulnerable in Town & Country and throughout Missouri receive maximum compensation for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we immediately start working on wining you a financial recovery for all of your medical expenses and lost wages, in addition to the emotional and physical toll your injury has taken on you and your Town & Country, 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 Town & Country, MO now at or contact us online to take the first step toward being made whole again.