Defective Products Lawyer in Trenton, MO.

Defective Products Lawyer in Trenton, MO. If you or a loved one was hurt by a dangerous product, reach out to a Burger law defective products lawyer in Trenton, MO now at (314) 500-HURT or fill out our online form for a complimentary case review.

Picture what you do every day: You may have put on some lotion or hair gel in the morning, take allergy medication, go to school or work in your vehicle, sit by a computer or work around machines, and/or use your android throughout the day. You may go 4-wheeling on your free days. You may even have a pacemaker 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 defective, it can cause serious injuries to you and your Trenton, MO family. When that happens to you, you need the skilled and dedicated legal representation of Burger Law's defective products lawyer team to stand by your side and deliver you the maximum financial recovery you deserve.

In our three decades of negotiation, litigation and trial experience, we have won our clients in Trenton and beyond in excess of $170 million. Our initial case reviews are no-cost, no-obligation, so there's no reason not to reach out. Get in touch with a defective products lawyer in Trenton, MO now at (314) 500-HURT.

If you were injured by a defective product in Trenton, MO, learn how much your claim may be worth by utilizing our free personal injury calculator.



The following are some useful 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
• 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 Trenton, MO?

The Consumer Product Safety Commission states that faulty products cause over 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 shows the incredible harm that can be caused when manufacturers and vendors do not obey the rules.

If you or someone you know was harmed by a faulty product, call a Burger Law defective products lawyer in Trenton, MO for empathetic, devoted and experienced support and legal representation.

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

Pursuant to Missouri Revised Statute §537.760, you and your Trenton, MO defective products lawyer can file a "strict liability" suit if three conditions are met:

1. The company was part of the product's chain of distribution.
2. You used the product in a manner easily expected.
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 seller's that was the proximate cause of your injuries, 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 "stream of commerce" refers to anyone that took part in the product coming to fruiting and hitting the shelves, from initial conception to purchase, including the person or entity you bought the product from. Under Missouri Revised Statute §5537.762, an entity whose sole connection to the case is that they were the seller or distributor of the product may be dismissed from the suit if:

• The manufacturer is known, has not closed their business and is able to pay for all of your injuries.
• The seller signs an affidavit under oath that they had nothing to do with the product beyond selling it.
• No other party in the case puts forward evidence that the vendor took part in any other facet of the chain of distribution.
• The motion to dismiss is filed no later than 60 days after the complaint is filed.

If the above conditions are met, the seller 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 were actually involved in the engineering of the product, were otherwise at fault for the dangerous condition or the manufacturer is unable to pay 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 has an exception for "state of the art products," where a dangerous condition could not be entirely understood before use by the consumer. This defense is only applicable to for failure to warn product liability cases, and the burden of proof is on the defense.

Negligence vs. Strict Liability in Defective Products Cases

Most personal injury lawsuits in Trenton, MO are based on the notion 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 is negligent, for example if you sustain a dog bite are because a dog owner didn't properly leash their dog they may be found liable for your damages and would owe you a financial recovery.

By contrast, most product liability or dangerous products cases are strict liability claims, meaning that anyone in the chain of distribution is accountable for any injuries 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 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 — at the moment that it came into your possession.

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 passes the flaw to all products with the same design. An example is vehicles that have a tendency to roll over if the driver swerves quickly.
2. Manufacturing Defects: This refers to a product that was safe in its design but became unsafe because of mistakes in the manufacturing process. This can either only make one product defective, 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 installing outdated components or leaving sharp edges on plastic or other materials.
3. Inadequate Warnings and Instructions: This occurs when the product was not dangerous through design or manufacture, but rather 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 food packaging that does not mention all the ingredients and causes an allergic reaction. A manufacturer 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 encourage corporations to implement thorough safety procedures 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 cause any damage. In those cases, your Burger Law defective products lawyer in Trenton, MO will hold them responsible by conducting a full investigation of your case and demanding only full compensation.

Comparative Negligence in Defective Productions Claims in Trenton, MO

Manufacturers, distributors and anyone else in the stream of commerce will often rely on the principle of comparative fault when building their defense. Missouri Revised Statute §537.765 permits for the manufacturer or distributor to posit that you are responsible for a portion of your injuries and, therefore, they do not have to pay you the full extent of your damages. For example, if a jury awards you $100,000 but finds you were 30 percent liable for your injuries, you will only receive $70,000. Often, claims of comparative fault are a disingenuous attempt a defendant makes to eschew their duty to pay you for the harm they have caused. Your Trenton, MO defective products lawyer at Burger Law sees through that. The statute allows for the defense of comparative fault if the following situations apply:

• You did not use the product in a manner the manufacturer could foresee. A manufacturer or distributor is only responsible for ensuring the product is safe for reasonable or predictable use. For example, certain creams or lotions are not intended to be used on your face, but many people will use them there anyway. If the product could hurt your eyes if rubbed on your face, the manufacturer needs to provide instructions specifically not to apply it to your face. 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 use of the product.
• You used the product in a way the manufacturer did not intend. With this defense, Someone in the stream of commerce will not be able to entirely avoid fault but can considerably diminish it. Say you combine a certain medication with alcohol, producing negative side-effects or leading you to cause an auto wreck. A pharmaceutical company could reasonably see 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 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 make custom modification to your car's engine despite not being a mechanic. The defense could say that any reasonable person would have known that they could be seriously hurt doing such a thing.
• You did not take necessary safety precautions. 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 using or around highly corrosive materials 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 proper protocols.
• You failed to try to keep your damages to a minimum. In any personal injury claim, you are ethically bound to try to lessen the amount of compensation you are owed. For example, you cannot seek unnecessary medical treatment. The defense may say you have no right to ask them for money they do not owe you.

Just because people in the chain of distribution can — and will — argue that comparative fault applies to your lawsuit, that does not mean you will definitely be blamed for part of the accident. Powerful corporations and insurance companies employ a variety of dishonest ruses to try and devalue your claim, but your Trenton, MO defective products lawyer at Burger Law knows how to effectively counterattack. We know these companies will try everything to avoid paying you and try to take advantage of people unfamiliar with Missouri laws. Our defective products lawyer team works on a contingency fee basis, which means our only fee is a moderate percentage of the financial recovery you collect, and we do not collect any attorney's fees until we win your case. Get in touch with Burger Law now at (314) 500-HURT for legal counsel that matches and eclipses that of bullying corporations and insurance companies.

Defective Vehicle Parts Lawyer in Trenton, MO

Defective vehicles are the most common type of product liability that our defective products lawyer team sees in Trenton, MO. In 2019 alone, over 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 occupants from harm as intended. Common dangerous car components we see are:

• Brakes
• Airbags
• Fuel systems
• Electrical wiring
• Tires
• Steering systems
• Engine cooling fan blades

Alternative vehicles like ATVs can also cause harm, 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

Medical devices are intended to improve the lives of the people who need them. But, sometimes they actually do the opposite and cause us further complications when not manufactured, shipped or installed correctly. Examples of medical devices that your Burger Law defective products lawyer in Trenton, MO has seen cause further injuries to patients include:

• Artificial hips, knees or other joints that can result in infections, instability, chronic soreness or recurring dislocations
• Cardiovascular devises, which can cause infections or even wrongful death because of premature failures
• Robotic surgical assistants designed to operate on hard to reach areas which, when faulty, can lead to pierced organs, infections and internal burns
• Blood clot filters that allow free-floating blood clots to invade the lungs
• Permanent birth control implements that can perforate organs, lead to pain in the pelvic region, excessive blood loss and unintended pregnancies

As the medical industry becomes more technologically advanced, medical device recalls have increased exponentially. In the first three months of 2018, medical device recalls increased 126 percent, with software issues being the number one cause.

In 2017, the U.S. Health and Human Services Department announced that over a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 defective heart devices alone. Medical devices should help relieve pain and extend our lifespans, not cause further damage. If a flawed medical device ended up worsening your condition, your Trenton, 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 manufacturer of joint replacements, had to recall several models of their Polyethylene Knee Replacements. Because of flaws in their packaging and shipping process, the replacements deteriorate too quickly and have caused unthinkable pain and permanent damage to possibly as many as 150,000 patients who had the replacement joint implanted. When Burger Law was retained by a client, we immediately filed suit on their behalf and continue to take on Exactech Knee Replacement cases. You can view our original complaint by clicking the button below:

View Complaint

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 uses data from the pharmaceutical companies themselves when deciding whether or not to allow the drug to hit the shelves. That means that many prescriptions reach the market whose potential side effects greatly outweigh their potential benefits. Too many corporations value their bottom line over the safety of the people who need medicine and treatments that truly help their condition. 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 for the vulnerable and let these corporations know that their conduct is unacceptable.

Four thousand five hundred drugs 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 someone you love had your condition worsen because of irresponsible pharmaceutical companies and manufacturers, 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 responsible. Burger Law has already successfully filed suits for families against opioid manufacturers so they can have feel sense of justice for the wrongful death of their loved one.

Other common defective products we collect compensation for our clients for in Trenton, 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 Trenton, MO knows that being injured by a hazardous product can completely disrupt your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Trenton and throughout Missouri be compensated for all of their damages, not just what the product manufacturer or insurance company wants to pay. When you hire us, we immediately start working on wining you a financial recovery for all of your medical bills and lost wages, in addition to the emotional and physical toll your injury has inflicted on you and your Trenton, MO family. We will stand 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 Trenton, MO right away at (314) 500-HURT or contact us online to start on the path to true healing.