Defective Products Lawyer in Troy, MO.

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

Imagine 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 on your bike, sit at in a chair or work around heavy machinery, and/or use your iPhone on and off throughout the day. You may go boating 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 has gone through various stages of design and production before it reaches the shelves. When there is a breakdown in the stream of commerce and a product becomes dangerous, it can have a devastating effect on Troy, MO individuals and families. When that happens to you, you need the skilled and committed legal services of Burger Law's defective products lawyer team to stand in your corner and deliver you the full financial recovery you are owed.

In our In our 30 years of experience standing up for fairness and justice, we have won our clients in Troy and throughout Missouri in excess of $170 million. Our initial consultations are no-cost, no-obligation, so there's no risk in letting us look over your claim. Call 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 the true value of your claim by filling out our free personal injury calculator.



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

The Consumer Product Safety Commission estimates that dangerous products account for in excess of 29 million injuries and 21,000 deaths annually.

Based on statistics from the Insurance Information Institute, in 2019 the mean average that people injured by hazardous products recovered was over $7 million in product liability cases that went to trial, while the median was $2 million. That shows the extreme ruin that can be caused when manufacturers and distributors do not adhere to adequate safety protocols.

If you or someone you know was hurt by a dangerous product, call a Burger Law defective products lawyer in Troy, MO for passionate, devoted and knowledgeable support and legal counsel.

How Defective Products Claims Work in Troy, MO

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

1. The company was part of the product's stream of commerce.
2. The product was used in a way logically foreseen.
3. One or both of the following:
   1. The product had a defective condition that was unreasonably hazardous when the product was sold and your injuries are a direct result of that defect, and/or
   2. Your injuries stemmed from a dangerous 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 purchase, including a distributor or seller. Under Missouri Revised Statute §5537.762, a person or company whose sole connection to the case is that they were the seller or distributor of the product can avoid liability if:

• You discover who the manufacturer is, it has not closed their business and can afford to pay 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.
• No other party in the case submits evidence that the seller was involved in any other aspect of the stream of commerce.
• The dismissal is requested to the court within 60 days.

If those conditions are fulfilled, the seller would then be dismissed without prejudice, meaning they are not permanently dismissed from the case. So, if later evidence proves that they were actually involved in the engineering of the product, were otherwise responsible for the fault or the manufacturer cannot pay for all of the economic, physical and emotional hardships you sustained, your defective products lawyer at Burger Law would have them re-entered into the lawsuit and ensure that every to-blame party is held accountable.

Missouri Revised Statute §537.764 has an exception for "state of the art products," where a hazardous condition could not be completely understood before use by the public. 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 lawsuits in Troy, MO are decided by the notion of negligence. We all owe each other a duty of care in certain situations; for example, property owners and managers must make sure their premises is reasonably safe so no one sustains a slip and fall. When someone is negligent, for instance if you sustain a dog bite are because a dog owner didn't properly leash their dog they might be held accountable for your damages and would owe you a financial recovery.

By contrast, most product liability or dangerous products claims are determined by strict liability, meaning that anyone in the chain of distribution is liable 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 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 — at the moment that you acquired it.

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 affects all of that product model that go on to be manufactured. 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 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 installing outdated components or a swing set with a cracked chain.
3. Inadequate Warnings and Instructions: This refers to a product made it through design and production safely but caused harm because it did not give proper instructions or warnings about inherent dangers. Examples include a drug that is sold without mentioning certain risks or side effects or not advising an appropriate age range for children if a toy or game is a choking hazard. A manufacturer generally does not have to warn against obvious risks. For example, 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 protocols for ensuring that their products will not pose a danger to the public. Even so, too often companies do not value our safety and concentrate more on cutting costs than ensuring their products will not injure anyone. In those cases, your Burger Law defective products lawyer in Troy, MO will hold them accountable by conducting a full investigation of your case and demanding only complete compensation.

Comparative Negligence in Defective Productions Claims in Troy, MO

Manufacturers, vendors and anyone else in the stream of commerce will often rely on the concept of comparative negligence when creating their defense. Missouri Revised Statute §537.765 allows 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 responsible for your injuries, your total compensation will only be $70,000. Often, claims of comparative fault are a disingenuous attempt a manufacturer makes to eschew their duty to pay you for the harm they have caused. Your Troy, 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 the public to use it. For example, while chairs are meant for sitting, standing on one to reach something is common. 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 use a loaded rifle to prop a door open and it misfires, you likely do not have a claim because the manufacture would not reasonably foresee that happening.
• You used the product in a way 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 reduce it but can significantly diminish 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 referred to as "Assumption of the risk," a concept in tort claims wherein, if a plaintiff knowingly enters into a dangerous activity, the defendant is not responsible. For instance, you understand that using a sharp kitchen knife can cut you if you are not extremely careful.
• 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 argue that the risk of doing so was obvious, and you should have known how dangerous it was.
• You failed to take necessary safety precautions. Certain products come with safety instructions that the user has an obligation to follow to protect themselves. 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 followed 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 keep your damages as low as you reasonable can. For example, you cannot seek compensation for medical treatment for injuries that occurred before the accident you are making a claim for. 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 defense can — and will — try to convince the court that comparative negligence applies to your injuries, that does not mean they will be successful. Large corporations and insurance companies use a lot of dishonest ruses to try and minimize your claim, but your Troy, MO defective products lawyer at Burger Law knows how to fight back against them. We know these companies are unfair 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 collect a moderate percentage of the financial recovery you receive, and we do not collect any attorney's fees until you get the great compensation you deserve. Reach out to Burger Law today at (314) 500-HURT for legal advocacy that parallels and exceeds that of bullying manufacturers and distributors and insurance companies.

Defective Vehicle Parts Lawyer in Troy, MO

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

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

Alternative vehicles like ATVs can also cause damage, 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 cause us even more injuries when not manufactured, shipped or implanted correctly. Common medical devices that your Burger Law defective products lawyer in Troy, MO has seen cause further injuries to patients include:

• Artificial joints that can lead to infections, instability, pain or frequent dislocations
• Cardiovascular devises, which can lead to infections or even wrongful death because of premature failures
• Surgical robots designed to operate on hard to reach areas which, when faulty, can cause punctured organs, infections and internal burns
• Blood clot filters that permit free-floating blood clots to travel up to the lungs
• Permanent birth control devices that can perforate organs, cause pelvic pain, abnormal blood loss and unintended pregnancies

As the medical industry keeps inventing new technologies, medical device recalls have skyrocketed. In the first quarter of 2018, medical device recalls increased 126 percent, with software issues being the foremost cause.

In 2017, the U.S. Health and Human Services Department stated that over a decade Medicare paid out at least $1.5 billion to replace in excess of 73,000 defective cardiovascular devices alone. We should not have to worry that these highly advanced medical devices might cause us immense pain instead of helping us. If a faulty medical device ended up aggravating your condition, your Troy, 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. Their knee replacements were improperly packaged and shipped, causing them to degrade sooner than anticipated and have caused unimaginable pain and lifelong damage to potentially as many as 150,000 patients who were depending on the replacement joint to ease their pain. 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 view our original complaint by clicking the button below:

View Complaint

Defective Drug Lawyer in Troy, MO

The Federal Drug Administration has stringent protocols that pharmaceutical companies must obey 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 market. That means that many drugs 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 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 intolerable.

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 someone you love sustained injuries because of reckless pharmaceutical companies and manufacturers, contact a Burger Law defective products injury lawyer now. We fight hard to see justice served by securing you compensation and holding negligent corporations responsible. Burger Law has already held opioid manufacturers accountable when their negligence has taken someone from their family too soon.

Other examples of dangerous products we collect compensation for our clients for in Troy, MO include:

• Children's toys
• Chemicals such as cleaning products
• Baby powder
• Household appliances
• Industrial equipment
• Cell phone batteries
• Cosmetic products

Every Burger Law defective products lawyer in Troy, MO knows that when manufacturers and vendors fail to make safe products it can completely upend your daily routine, your family and even your present and future financial security. That is why we endeavor to see the vulnerable in Troy 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 securing you a financial recovery for all of your medical costs and lost wages, in addition to the emotional and physical hardships your injury has inflicted 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 true healing.