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Defective Products Lawyer in Trenton, MO.
Defective Products Lawyer in Trenton, MO. If you or someone you care about sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Trenton, MO now at (314) 500-HURT or fill out our online form for a complimentary case evaluation.
Imagine what you do every day: 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 machinery, and/or use your android on and off throughout the day. You may drive go-carts on the weekend. You may even have a prosthetic limb or other medical implant. It seems we're always using or surrounded by some sort of technology that had to be designed, manufactured, shipped and bought. When there is a mistake in the stream of commerce and a product becomes defective, it can cause serious injuries to you and your Trenton, MO family. If tragedy struck you, you need the expert and devoted legal representation of Burger Law's defective products lawyer team to stand by your side and deliver you the full financial recovery you are owed.
In our 70 years of combined negotiation, litigation and trial experience, we have delivered our clients in Trenton and throughout Missouri over $170 million. Talking to us is free, so there's no risk in letting us look over your claim. Call a defective products lawyer in Trenton, MO right away at (314) 500-HURT.
If you were hurt by a faulty product in Trenton, MO, find out the true value of your case by filling out our complimentary personal injury calculator.
100 Chesterfield Business Pkwy
Chesterfield, MO 63005
By appointment only
Phone: (314) 648-8348
The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Trenton, 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?
Trenton, MO Defective Products Statistics
The Consumer Product Safety Commission states that defective products cause in excess of 29 million injuries and 21,000 deaths every year.
Based on statistics 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 shows the extreme destruction that can be caused when manufacturers and vendors do not obey adequate safety protocols.
If you or someone you know was injured by a hazardous product, call a Burger Law defective products lawyer in Trenton, MO for empathetic, dedicated and skilled support and legal advocacy.
How Defective Products Claims Work in Trenton, MO
According to Missouri Revised Statute §537.760, you and your Trenton, MO defective products lawyer can file a "strict liability" suit if three factors are true:
- The corporation was involved in the product's stream of commerce.
- The product was used in a manner easily 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
- The manufacturer or distributor failed to warn on the products packaging of an inherently hazardous condition.
The "chain of distribution" refers to anyone that took part in the product coming to fruiting and going to the market, from initial design to sale, including the person or entity you bought the product from. Pursuant to Missouri Revised Statute §5537.762, a person or company who had nothing to do with the product beyond selling it can avoid liability if:
- The manufacturer is known, has not closed their business and is financially capable of paying you for the entirety of your damages.
- The entity that sold it signs an affidavit under oath that they had nothing to do with the product beyond selling it.
- No other party in the case presents evidence that the seller took part in any other facet of the design and manufacturing process.
- The dismissal is requested to the judge within 60 days.
If those conditions are satisfied, 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 shows that they had a larger role in the engineering of the product than they intimated, were otherwise at fault for the hazardous condition or the manufacturer cannot reimburse 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 lawsuit and ensure that every liable party is held responsible.
Missouri Revised Statute §537.764 provides one defense 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 was introduced to the public. This defense is only valid for inadequate warning product liability cases, and the burden of proof is on the defense.
Have You Been Injured from a Dangerous Product?
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What Do I Have to Prove to Win A Defective Product Liability Lawsuit?
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Negligence vs. Strict Liability in Defective Products Cases
The majority of personal injury suits in Trenton, MO are determined by the idea of negligence. We all have an responsibility to each other's safety in certain situations; for example, doctors must treat their Trenton, MO patients with a standard of care. When someone is negligent, for example if if you are misdiagnosed because of substandard medical attention they can be found liable for your damages and would owe you a financial recovery.
However, most product liability or defective products cases are strict liability claims, meaning that anyone in the chain of distribution is at fault for any damage a product causes, 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 Trenton, 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 innate fault in the design that afterwards passes the flaw to all products with the same design. An example is an electrical appliance that can overheat and cause fires.
- Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of a failure 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 bugs or other contaminants found in beverages or leaving sharp edges on plastic or other materials.
- Failure to Warn of Known Risks or Dangers That Should Have Been Foreseen: This occurs when the product was not hazardous through design or manufacture, but instead when the manufacturer did not include correct and clear instructions or when there is a danger that could come about from normal use of the product. Examples include a drug that is sold without mentioning certain risks or side effects or cleaning solutions that do not mention corrosive chemicals they contain on the label. A manufacturer typically does not have to warn against dangers that a reasonable person would foresee. 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 thorough safety procedures for verifying the safety of their products. Even so, too often companies do not value our safety and concentrate more on cutting costs than ensuring their products will not hurt anyone. In those cases, your Burger Law defective products lawyer in Trenton, MO will fight on your behalf and insist on only a full financial recovery.
Comparative Negligence in Defective Productions Claims in Trenton, MO
An oft-used defense for manufacturers in a defective products case is that you are responsible for all or a percentage of your damages. Missouri Revised Statute §537.765 permits for the defendants to posit that you are responsible for a portion of your damages and, therefore, they are not required to compensate you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent at fault for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to get out their duty to reimburse you for the harm they have caused. Your Trenton, MO defective products lawyer at Burger Law will not let them get away with it. The statute allows for the defense of comparative negligence if the following situations apply:
- You did not use the product in a manner the manufacturer could foresee. A manufacturer or vendor is only has to make a product safe for ways that they can expect a consumer to use it. 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. By contrast, if you put wheels on a chair and are injured racing it down the street, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
- You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can considerably decrease 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 called as "Assumption of the risk," a theory in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, if you were using a chainsaw and hurt yourself when you lost control, the defendants could say you knew it was dangerous to use a chainsaw.
- 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. Putting adequate warnings and safety instructions on a product's packaging can often protect someone in the stream of commerce from liability. If you were injured in a car accident because of faulty brakes, but you were not wearing your seatbelt, the defense can argue your injuries would have been avoided had you obeyed proper protocols.
- You failed to mitigate your damages. 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 people in the stream of commerce can — and will — assert 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 implement a variety of tricks to try and devalue your claim, but your Trenton, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations will try everything to avoid paying you 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 get paid a moderate percentage of the compensation you get, and you owe us nothing until you get the great compensation you deserve. Get in touch with Burger Law today at (314) 500-HURT for legal representation that parallels and surpasses that of resistant corporations and insurance companies.
Defective Vehicle Parts Lawyer in Trenton, MO
Our defective products lawyer team sees in Trenton, 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, over 53.1 million recalls were issued both for entire vehicles and individual components. Defective car parts can cause crashes and fires, and lead to further injuries when the safety components to not function as they should. Common defective automobile parts we see are:
- Windshield wipers
- Steering systems
- Engine cooling fan blades
Offroad vehicles like 4-wheelers can also cause damage, 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 Trenton, 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 implanted correctly. Examples of medical devices that your Burger Law defective products lawyer in Trenton, MO has seen be defective are:
- Artificial hips, knees or other joints that can lead to infections, instability, chronic soreness or repeated dislocations
- Pacemakers, which can lead to infections or even wrongful death because of premature failures
- Surgical robots designed to operate on parts of the body that are difficult for a surgeon to manually reach that, when they do not work properly, can lead to perforated organs, infections and electrical burns
- Blood clot filters that permit dislodged blood clots to slip into the lungs
- Permanent birth control implements that can puncture organs, cause pelvic pain, excessive hemorrhaging and unplanned pregnancies
As the medical industry keeps coming up with new technologies, 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 number one factor.
In 2017, the U.S. Health and Human Services Department found that over the span of a decade Medicare spent at least $1.5 billion to replace over 73,000 defective heart devices alone. Medical devices should help ease pain and lengthen our lifespans, not cause further damage. If a defective medical device ended up aggravating your condition, your Trenton, MO defective injuries lawyer at Burger Law will hold the at-fault parties accountable and make sure you get a full financial recovery for all of the unnecessary pain you experienced.
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 improperly packaged and shipped, causing them to degrade too quickly and have caused unthinkable pain and lifelong damage to potentially as many as 150,000 people who had received the replacement joint. When Burger Law was made aware of the defect by a client, we immediately filed suit on their behalf and are taking on more Exactech Knee Replacement cases to this day. You can read our original complaint here:
Defective Drug Lawyer in Trenton, MO
The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey 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 drugs reach the market whose potential side effects greatly outweigh their 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, 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 Trenton, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.
Four thousand five hundred drugs 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 irresponsible pharmaceutical companies and corporations, call a Burger Law defective products injury lawyer as soon as possible. We fight hard to see justice served by securing you compensation and holding negligent corporations liable. Burger Law has already held opioid manufacturers responsible when their actions have taken someone from their family too soon.
Other examples of dangerous products we file suit for in Trenton, MO include:
- Children's toys
- Chemicals such as week killer
- Baby powder
- Household appliances
- Industrial machinery
- Cell phone batteries
- Beauty products
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Trenton, MO Defective Products Lawyer | Burger Law
Every Burger Law defective products lawyer in Trenton, MO knows that when manufacturers and vendors 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 endeavor to see the injured in Trenton 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 immediately start working on getting you a financial recovery for all of your medical expenses and lost wages, as well as the emotional and physical hardships your injury has taken on you and your Trenton, MO family. We will stand 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 Trenton, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.