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Defective Products Lawyer in Troy, MO.

Defective Products Lawyer in Troy, MO. If you or someone you love sustained an injury because of a dangerous product, get in touch with a Burger law defective products lawyer in Troy, MO now at (314) 500-HURT or fill out our online form for a complimentary case evaluation.

Imagine your daily routine: You may make coffee in a coffee maker 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 throughout the day. You may go 4-wheeling on the weekend. You may even have a prosthetic limb 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 a breakdown in the chain of distribution and a product becomes hazardous, it can have a ruinous impact on Troy, MO individuals and families. If tragedy struck you, you need the expert and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and secure you the full financial recovery you are owed.

In our 30 years of negotiation, litigation and trial experience, we have won our clients in Troy and beyond more than $170 million. Our initial case evaluations are no-cost, no-obligation, so there's no risk in having us look over your claim. Get in touch with a defective products lawyer in Troy, MO now at (314) 500-HURT.

If you were injured by a dangerous product in Troy, MO, find out how much your claim may be worth 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 helpful links and FAQS from your Burger Law defective products injury lawyer in Troy, MO:

How Common Are Defective Products in Troy, MO?

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

Based on statistics 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 speaks to the extreme ruin that can be caused when manufacturers and vendors do not adhere to adequate safety protocols.

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

How Defective Products Claims Work in Troy, MO

Under Missouri Revised Statute §537.760, you and your Troy, MO defective products lawyer can can hold a person or corporation at fault for your damages if three factors are true:

  1. The corporation was part of the product's stream of commerce.
  2. You used the product in a manner logically anticipated.
  3. One or both of the following:
    1. The product had a faulty condition that was unreasonably hazardous when it left the manufacturer's or distributor's that caused you direct harm, and/or
    2. The manufacturer or distributor failed to warn on the products packaging of an inherently dangerous condition.

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 purchase, including the person or entity that sold you the product. Pursuant to Missouri Revised Statute §5537.762, someone sold the product but were not involved in the design or manufacture of it can be dismissed from the suit if:

  • You discover who the manufacturer is, it still does business and is financially capable of compensating you for all of your injuries.
  • The vendor signs an affidavit under oath that their only involvement in the process was selling it.
  • No other party in the case presents evidence that the distributor took part in any other part of the chain of distribution.
  • The dismissal is requested to the court within 60 days.

If the aforementioned conditions are met, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence demonstrates that they were actually involved in the design or manufacture of the product, were otherwise liable for the hazardous condition or the manufacturer cannot compensate you for all 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 that every at-fault party is held responsible.

Missouri Revised Statute §537.764 provides one defense 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 is only valid for inadequate warning product liability lawsuits, 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?

Most personal injury cases in Troy, MO are won or lost based on the concept of negligence. We all have an responsibility to each other's safety in certain situations; for example, doctors must treat their Troy, MO patients with a standard of care. When someone fails in that duty, for instance if are injured by a fatigued truck driver they can be found responsible for your damages and would owe you a financial recovery.

However, most product liability or defective products claims come down to strict liability, meaning that a designer, manufacturer or vendor is to blame for any injuries 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 Troy, 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 innate fault in the design that afterwards passes the imperfection to all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
  2. Manufacturing Defects: A product can be designed effectively and safely but still become hazardous because of mistakes in the manufacturing process. This can either affect only one product, 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. Failure to Warn of Known Dangers or Dangers That Should Have Been Anticipated: This refers to a product made it through design and production safely but caused injury because it did not give proper instructions or warnings about inherent risks. 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 dangers that a reasonable person would foresee. For example, they do not have to warn you that a chainsaw can cut you.

Strict liability is meant to hold corporations accountable and persuade them to implement thorough safety protocols for guaranteeing that their products will not put the people who use it at risk. However, too often corporations are negligent and try to focus more on their bottoms line than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Troy, MO will fight on your behalf and insist on nothing but the maximum financial recovery.

Comparative Negligence in Defective Productions Claims in Troy, MO

A common defense for manufacturers in a dangerous product lawsuit is that you are to blame for all or a portion of your damages. Missouri Revised Statute §537.765 permits for those in the stream of commerce to posit that you are responsible for a portion of your injuries and, therefore, they are not obligated to reimburse you for your full financial recovery. For example, if a jury awards you $100,000 but finds you were 30 percent responsible for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a dishonest attempt an entity involved in the stream of commerce makes to get out their obligation to reimburse you for the harm they have caused. Your Troy, 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 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 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, 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 be expected to foresee that happening.
  • You used the product in a manner that was clearly against the manufacturer's intent. With this defense, Someone in the stream of commerce will not be able to completely avoid liability 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 referred to as "Assumption of the risk," a theory in tort claims whereby, 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 modify a chainsaw or other tool to remove certain guards or safety measures. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
  • 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 were using or around power tools or heavy machinery and neglected to wear protection for your eyes or gloves, the defense can argue your injuries are your fault because you had not adhered to recommended safety measures.
  • You failed to 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 — argue that you share part of the blame, that does not mean they will be successful. Powerful corporations and insurance companies employ a variety of dishonest ruses to try and minimize your claim, but your Troy, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these large corporations are unfair and try to take advantage of people who have never had to make an injury claim before. Our defective products lawyer team takes claims on a contingency fee basis, which means our only fee is a moderate percentage of the compensation you get, and you do not pay us anything until you get the great compensation you deserve. Reach out to Burger Law right away at (314) 500-HURT for legal representation that matches and eclipses that of resistant corporations and insurance adjusters.

Defective Vehicle Parts Lawyer in Troy, MO

Our defective products lawyer team sees in Troy, 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 individual cars and vehicle components were recalled in the United States. Defective car parts can result in wrecks and fires, and fail to protect drivers and passengers from harm as intended. Common faulty motor vehicle parts we see are:

  • Brakes
  • Airbags
  • Ignitions
  • Windshield wipers
  • Wheels
  • Steering systems
  • Engine cooling fan blades

Alternative vehicles like 4-wheelers can also cause injuries, for instance many of them are prone to flipping 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 Troy, 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 Troy, MO has seen cause further complications for patients are:

  • Artificial joints that can result in infections, instability, pain or repeated dislocations
  • Cardiovascular devises, which can lead to infections or even wrongful death when they do not last as long as expected
  • 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 do not sufficiently protect the lungs from dislodged blood clots
  • Permanent birth control devices that can perforate organs, cause pelvic pain, abnormal blood loss and unwanted pregnancies

As the medical industry keeps coming up with new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls rose by 126 percent, with software issues being the major factor.

In 2017, the U.S. Health and Human Services Department found that over 10 years Medicare had to spend at least $1.5 billion to replace in excess of 73,000 flawed cardiovascular devices alone. Medical devices should help alleviate pain and extend our lifespans, not cause further damage. If a defective medical device caused you damages, your Troy, 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 unneeded pain you experienced.

In February of this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. 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 patients who had received the replacement joint. When Burger Law was contacted 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 by clicking the button below:

View Complaint

Defective Drug Lawyer in Troy, MO

The Federal Drug Administration has firm protocols 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. With no absolute third-party testing 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 who need medicine and treatments that are truly effective. 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 Troy, MO to stand up for the vulnerable and let these corporations know that their behavior is deplorable.

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 a loved one sustained injuries 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 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 justice for the wrongful death of their loved one.

Other common defective products we collect compensation for our clients for in Troy, MO include:

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

Call Burger Law Now

Troy, MO Defective Products Lawyer | Burger Law

Every Burger Law defective products lawyer in Troy, MO knows that being hurt by a dangerous product can completely disrupt your life. That is why we endeavor to see the vulnerable in Troy and throughout Missouri get fair 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 bills and lost wages, in addition to the emotional and physical toll your injury has taken on you and your Troy, 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 Troy, MO immediately at (314) 500-HURT or contact us online to take the first step toward a true recovery.

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