If you’re facing serious injuries in or Texas due to another person’s or corporation’s negligence, recklessness, dangerous actions, car or truck accident, or faulty products, it’s crucial to get legal representation from Dunham & Jones, the Trusted Texas Personal Injury Attorneys. Dunham & Jones can help you recover compensation for medical costs, income losses, pain, suffering, and other damages through a meticulously crafted personal injury or wrongful death claim in Texas. Call 888-222-9746 now for your free injury case review and discuss your case in detail.
The average person comes into contact with thousands of products every day. If just one of these products is dangerous or defective, it can cause serious injuries. If you’ve been injured by a defective product or a loved one has suffered fatal injuries, contact the Texas product liability lawyers with Dunham & Jones, Attorneys at Law for immediate assistance.
We are aggressive product liability attorneys who can go up against any manufacturing company or insurance corporation to demand justice on your behalf. You can speak to one of our Texas injury lawyers over the phone or in person about your product liability case today, for FREE.
Consumer Protection Laws Cover Product Defects
The United States has robust consumer protection laws designed to keep consumers safe from potentially defective products. These laws mandate that manufacturers and designers have a responsibility to ensure their products are safe to use and to warn consumers of any potential risks associated with their use. Product liability law is designed to hold manufacturers and retailers accountable for failing to take reasonable precautions in ensuring product safety. Companies must ensure that their products are free from manufacturing defects or design flaws that could harm consumers. They are also required to provide adequate labeling and warnings to inform consumers about the proper use of the product, its ingredients, any safety hazards, and other essential information.
By adhering to these laws, companies help protect consumers from harm and maintain a standard of safety. However, when they fail to meet these obligations, a Texas product liability lawyer can help you seek justice and compensation for any injuries caused by defective products.
What Are the Three Types of Product Defects?
A product liability lawsuit is a civil claim for damages, or financial compensation, brought against a manufacturer, distributor, or retailer for creating a defective product. This claim aims to prove that a product contained a defect, and that defect caused a victim to be injured or killed. Many things can go wrong with a product to make it unreasonably dangerous for consumers.
The three main types of product defects are:
- Design Flaw: A design flaw is something inherently dangerous in the product’s design, such as a defective piece or unsafe mechanism. An example is a seat belt that unclips when too much pressure is exerted against it.
- Manufacturing Mistake: A manufacturing mistake is anything that goes wrong while the product is being made or assembled, such as a batch of cough syrup that gets contaminated with a dangerous chemical.
- Marketing Error: Marketing errors occur when the manufacturer fails to properly warn consumers of potential risks, such as with warning labels or instruction manuals. An example is a medication that has dangerous side effects with no warning label.
If you or your Texas injury lawyer can prove the existence of one of these defects, and that item’s connection to your injuries, you may have a strict product liability claim. This type of lawsuit does not require proof of negligence or the manufacturing company’s failure to use proper care when creating the product. Instead, it is enough to prove that the item contained one of these defects and caused your injuries.
Elements of a Product Liability Claim
Product liability claims are typically considered “strict liability,” which is beneficial for consumers who sustain injuries or illnesses caused by a defective product. In these cases, victims generally do not need to prove that a retailer, manufacturer, or company was negligent in their actions. They only need to show that the product was defective and that it was used as intended.
However, there may be situations where individuals can file a different type of claim. If there is evidence that a manufacturer, retailer, distributor, or another type of company was negligent, an individual can file a civil personal injury lawsuit to recover additional types of compensation. There are many reason for filing this type of civil claim, including the company or manufacturer knowingly violating federal or state safety standards, deliberately covering up information related to a defect, or selling a product that has already been recalled. In these cases, it is crucial to demonstrate that the at-fault party:
- Owed a duty of care to the plaintiff
- Breached their duty of care through negligent actions or inaction
- Caused the injury as a result of the breach of duty
- Caused the injured party to sustain a monetary loss
If you have been injured, we strongly encourage you to speak to an experienced and qualified Texas product liability attorney who has handled strict liability claims and traditional personal injury lawsuits. Your injury attorney can guide you through this process, conduct an investigation, and help you determine the best course of action for your specific situation.
Call Dunham & Jones at 888-222-9746 to schedule a free consultation with an injury attorney and learn how we can help you with your Product Liability Injury case. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.
Why Hire a Texas Product Liability Lawyer?
Product liability lawsuits can be incredibly complex, often involving intricate legal details and formidable opponents like large companies or manufacturers. For this reason, hiring a Texas product liability lawyer should be your first step after sustaining an injury or illness caused by a defective product. When you work with a skilled attorney, you gain an advocate who will support you throughout the entire process. Here’s how a Texas product liability lawyer can help:
- Investigation: Your attorney will launch a thorough investigation into the incident, using their resources to determine liability. This process can be both time-consuming and expensive, but your attorney will cover these costs upfront.
- Communications: While the investigation is ongoing, your attorney will communicate with insurance carriers and the at-fault party or their legal team. They will work to negotiate a fair settlement on your behalf.
- Litigation: If the at-fault party or insurance carrier refuses to offer a fair settlement, your attorney can file a civil lawsuit to move the case to the court system.
- Medical Evaluation: Your attorney will ensure you are evaluated by trusted medical professionals who can assess your well-being and help calculate total expected costs accurately.
By hiring a Texas product liability lawyer, you are not only leveraging their legal experience but also ensuring that you have a dedicated professional handling all aspects of your case, allowing you to focus on your recovery. If a product liability accident resulted in fatal injuries, a wrongful death attorney in Texas can fight for justice on your family’s behalf.
What Damages May Be Available?
At Dunham & Jones, Attorneys at Law, we believe in holding wrongdoers accountable for the harm they cause others – including manufacturing companies, which are responsible for the safety and welfare of millions of consumers. When a defective product causes an injury or death in Texas, our attorneys use proven legal strategies to force the defendant to pay a fair amount in damages. The average product liability lawsuit can cover:
- Present and Future Medical Costs
- Property Damage or Destruction
- Out-of-Pocket Costs and Legal Expenses
- Lost Wages and Future Capacity to Earn
- Disability Costs and Accommodations
- Pain and Suffering
- Punitive (Exemplary) Damages
It is highly likely that an insurance company will try to take advantage of you during a product liability claim in Texas. This is why it is crucial to contact an attorney before accepting a settlement offer for any damages you may have incurred. You can trust the case estimate provided by your attorney, as their goal is to maximize your financial recovery – not to offer as little as possible for a serious injury.
Common Examples of Dangerous and Defective Products
Over the years, millions of products have contained defects and caused significant injuries. Some defects are minor and harmless, while others can be deadly. For instance, the Takata airbag defect in 2019 injured at least 400 people and killed 19 others due to airbag inflator explosions. Some of the most common products involved in lawsuits in Texas include:
- Vehicle parts
- ATVs
- Children’s toys
- Articles of clothing
- Household appliances
- Electronics
- E-cigarettes
- Prescription and over-the-counter medications
- Medical devices
You can keep up with the latest product recalls (notices of products with known defects) on the Consumer Product Safety Commission’s website. If you have an item that has been recalled, follow the manufacturer’s recommended remedy to ensure your safety. If you’ve been harmed by a defective product, the attorneys at Dunham & Jones, Attorneys at Law can help you understand your legal rights as an injured consumer. We are here to guide you through the legal process and help you seek the compensation you deserve.
Product Liability Cases Can Be Complex
Product liability claims can indeed become incredibly complex very quickly. The at-fault party will typically have insurance carriers and legal teams working to avoid paying compensation. Sometimes, these parties will try to shift some or all of the blame onto the consumer who sustained the injury. To be successful with a Texas product liability claim, an extensive investigation into the incident is necessary. Working with a qualified personal injury attorney ensures you have an advocate with the resources needed to conduct this investigation. This includes gathering evidence related to the specific incident, such as:
- Photographs
- Video surveillance
- Property from the area
- Statements from those involved
- Company safety records
An experienced injury attorney will also look at the broader history of the product to determine if it has been a problem for others around the country. The investigation is only one part of these claims. As your attorney builds the case, they will ensure you are evaluated by trusted medical and economic experts who can help accurately calculate your total losses and future needs. While some cases can be resolved through settlements with insurance carriers, it may be necessary to move the case toward a jury trial. Your attorney will guide you through this process, explaining each step so that you are informed about all of your options moving forward.
Call Dunham & Jones today at 888-222-9746 to schedule a free consultation with a Texas Product Injury lawyer. Product Injury cases need an experienced injury law firm such as Dunham & Jones. Dunham & Jones was established in 1989 and is dedicated to helping it’s clients get the best results.
What to Do if You’ve Been Injured by a Defective Product in Texas
If you are injured by any type of product or consumer good in Texas, follow these steps:
- Seek Medical Attention
- Document the Evidence
- File a Complaint
- Consult an experienced and qualified Texas injury lawyer
By taking these steps, you can ensure that you have the necessary documentation and legal support to pursue a successful product liability claim.
Time Limits in a Texas Product Liability Case
Product liability victims must file their claim in civil court within two years from the day they discovered their injury or illness. Additionally, no claim can be filed more than 15 years after the date of purchase of the defective product in question. If you have been injured, we strongly encourage you to reach out to an attorney who can start the process of filing your claim with insurance carriers as well as your personal injury lawsuit against the alleged negligent party as soon as possible. This ensures that all legal deadlines are met and maximizes your chances of securing the compensation you deserve.
Contact Our Trusted Product Liability Lawyers in Texas
If you or a loved one has suffered serious injuries due to a defective product, it is crucial to hire the right attorney to represent you in a product liability lawsuit in Texas. Protect yourself by hiring the experienced and reputable lawyers at Dunham & Jones, Attorneys at Law. We know how to achieve real results when going up against powerful defendants, including manufacturing companies. We will help you protect your legal rights and obtain the compensation you deserve. One of our Texas product liability lawyers will stand by your side through every phase of the legal process.
Call us today at 888-222-9746 for a consultation and let us help you navigate your product liability claim.
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