Defective Products Lawyer in Maryville, MO.

Defective Products Lawyer in Maryville, MO. If you or someone you love was harmed by a dangerous product, reach out to a Burger law defective products lawyer in Maryville, MO now at (314) 500-HURT or fill out our online form for a free case evaluation.

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 at in a chair or work around machines, and/or use your android on and off throughout the day. You may use lawnmowers on your free days. You may even have a knee replacement or other medical implant. 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 mistake in the stream of commerce and a product becomes dangerous, it can have a ruinous effect on on your life and lives of those you love in Maryville, MO. If tragedy struck you, you need the accomplished and dedicated legal representation of Burger Law's defective products lawyer team to stand in your corner and win you the maximum compensation you deserve.

In our 70 years of combined negotiation, litigation and trial experience, we have won our clients in Maryville and throughout Missouri more than $170 million. Talking to us is free, so there's no reason not to reach out. Get in touch with a defective products lawyer in Maryville, MO today at (314) 500-HURT.

If you were harmed by a defective product in Maryville, MO, learn how much your claim may be worth by using our complimentary personal injury calculator.



The following are some helpful links and FAQS from your Burger Law defective products injury lawyer in Maryville, MO:

• FDA Recall List and Safety Alerts
• Consumer Products Safety Commission Recall List
• U.S. Department of Transportation Motor Vehicle Recall List
• Recalls.Gov
• 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 Maryville, MO?

The Consumer Product Safety Commission estimates that hazardous products result in more than 29 million injuries and 21,000 deaths each year.

Based on 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 incredible destruction an unsafe product can cause.

If you were one of the many people harmed by a hazardous product, call a Burger Law defective products lawyer in Maryville, MO for understanding, committed and talented support and legal advocacy.

What is the Process for Defective Products Claims in Maryville, MO?

According to Missouri Revised Statute §537.760, you and your Maryville, MO defective products lawyer can can hold a person or corporation to blame for your damages if three conditions are met:

1. The defendant was involved in the product's chain of distribution.
2. You used the product in a manner rationally anticipated.
3. Either or both of the following conditions:
   1. The product had a defective condition that was unreasonably dangerous when the product was sold and your injuries are a direct result of that defect, and/or
   2. Your injuries stemmed from a hazardous condition inherent in the product that was not warned of in the labeling or instructions.

The "chain of distribution" refers to anyone involved in the product from initial design to sale, including the person or entity that sold you the product. Under Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the vendor or distributor of the product can be dismissed from the case if:

• The manufacturer is known, still does business and is financially capable of paying you for all of your damages.
• The distributor makes an affidavit under threat of perjury that they had nothing to do with the product beyond selling it.
• There is no evidence is brought in front of the court that the seller was involved in any other aspect of the stream of commerce.
• The dismissal is requested to the judge no later than 60 days after the complaint is filed.

If the above conditions are fulfilled, the seller would then be dismissed without prejudice, which means the dismissal is temporary at first. So, if later evidence shows that they had a larger role in the production of the product than they led on, were otherwise at fault for the defect or the manufacturer is unable to reimburse you for the entirety of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would then be able to call them back to court and ensure that every at-fault party is held responsible.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a dangerous condition could not be completely understood before use by the public. This defense will only work for for inadequate warning product liability claims, and it is up to the defense to prove that there is no way they could have known about the hazardous aspect.

Negligence vs. Strict Liability in Defective Products Cases

The majority of personal injury lawsuits in Maryville, MO are decided by the idea of negligence. We all have a civil duty to not recklessly cause injuries to other people in certain situations; for example, trucking companies must not overwork their drivers. When someone fails in that duty, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be found liable for your damages and would have to pay you compensation.

By contrast, most product liability or hazardous products claims are determined by strict liability, meaning that anyone in the chain of distribution is responsible 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 Maryville, 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 it got into your hands.

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 flaw in the design that subsequently affects all products with the same design. An example is an electric razor or hairdryer that can cause electric shocks.
2. 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 hazardous, 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 bugs or other contaminants found in beverages or a tainted batch of something intended for drinking containing a poisonous substance.
3. Insufficient Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give adequate 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 obvious dangers. For example, they do not have to warn you that a match could start a fire.

Strict liability is intended to encourage corporations to implement exhaustive safety procedures for verifying that their products will not pose a danger to the public. Even so, 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 hurt anyone. In those cases, your Burger Law defective products lawyer in Maryville, MO will fight on your behalf and demand only the best possible financial recovery.

Comparative Negligence in Defective Productions Claims in Maryville, MO

Manufacturers, vendors and anyone else in the chain of distribution will often rely on the theory of comparative fault when creating their defense. Missouri Revised Statute §537.765 allows for the manufacturer or distributor to posit that you are liable 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 liable for your injuries, your total compensation will only be $70,000. Often, comparative negligence arguments are a disingenuous attempt a manufacturer makes to eschew their responsibility to reimburse you for the harm they have caused. Your Maryville, 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 way the manufacturer could foresee. A manufacturer or vendor 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. By contrast, if you use a loaded shotgun to prop a door open and it misfires, you likely do not have a claim because the manufacture would not be expected to foresee that happening.
• You used the product in a way the manufacturer did not intend. With this defense, Someone in the chain of distribution will not be able to entirely avoid liability but can significantly reduce 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 called as "Assumption of the risk," a principle 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 make custom modification to your car's engine despite not being a mechanic. The defense could argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You neglected to follow safety guidelines. Putting adequate warnings and safety instructions on a product's labeling can often protect someone in the chain of distribution 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 are your fault because you had not adhered to proper protocols.
• You failed to try to keep your damages to a minimum. In any personal injury claim, you have a duty 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 you have no right to ask them for money they do not owe you.

Just because the defense can — and will — work hard to persuade a jury 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 tricks to try and lower your claim, but your Maryville, MO defective products lawyer at Burger Law knows how to fight back against them. We know these large corporations are unfair and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means we get paid a moderate percentage of the financial recovery you receive, and we do not collect any attorney's fees until we win your case. Reach out to Burger Law today at (314) 500-HURT for legal counsel that matches and exceeds that of bullying manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Maryville, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Maryville, MO. In 2019 alone, over 53.1 million individual cars and vehicle components were recalled in the United States. Defective car parts can lead to collisions and fires, and lead to further injuries when the safety components to not work as they should. Common faulty motor vehicle parts we see are:

• Brakes
• Airbags
• Ignitions
• Windshield wipers
• Wheels
• Seats
• Accelerators

Offroad vehicles like 4-wheelers can also cause injuries, 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 Maryville, MO

Medical devices are meant to make our lives better and allow us to live the life we want. But, sometimes they can do the opposite and make our lives worse when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Maryville, MO has seen be defective include:

• Artificial hips, knees or other joints that can result in infections, limited mobility, chronic soreness or frequent dislocations
• Pacemakers, which can lead to infections or even wrongful death when they do not last as long as anticipated
• Surgical robots intended to operate on hard to reach areas which, when they do not work properly, can result in pierced organs, infections and internal burns
• Blood clot filters that allow dislodged blood clots to invade the lungs
• Permanent birth control implements that can pierce organs, lead to pelvic pain, abnormal hemorrhaging and unintended pregnancies

As the medical industry becomes more high-tech, medical device recalls have soared. In the first three months of 2018, medical device recalls rose by 126 percent, mostly as a result of issues with software.

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

Earlier this year, Exactech, a company that manufactures implants and joint replacements, had to recall several models of their Polyethylene Knee Replacements. Their knee replacements were negligently packaged and shipped, causing them to deteriorate too quickly 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 are taking on more Exactech Knee Replacement cases to this day. You can view our original complaint by clicking the link below:

View Complaint

Defective Drug Lawyer in Maryville, MO

The Federal Drug Administration has stringent procedures that pharmaceutical companies must follow from manufacturing to sale. 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 medications reach the shelves without an objective analysis of the potential drawbacks compared to the 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 Maryville, MO to stand up to these bullying corporations and make them realize that their conduct is unacceptable.

Hundreds of thousands of prescriptions and medical devices are taken off the national market annually, and that is often after many people have already turned to them for treatment and relief. If you or a family member had your condition worsen because of reckless pharmaceutical companies and corporations, contact 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 has been inflicted because of their actions. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of peace for the wrongful death of their loved one.

Other common dangerous products we see in Maryville, MO include:

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

Every Burger Law defective products lawyer in Maryville, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your life. That is why we endeavor to see the injured in Maryville and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company feel like reimbursing you for. When you hire us, we do not hesitate to start working on wining you a financial recovery for all of your medical expenses and lost wages, in addition to the mental and physical toll your injury has taken on you and your Maryville, 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 Maryville, MO today at (314) 500-HURT or contact us online to take the first step toward a true recovery.