Manufacturers and distributors of products for the home or workplace have a legal responsibility to ensure that these products are reasonably safe for their intended use. When products fail due to inherent dangers and negligent design, or people are hurt or killed because of missing or improper safety warnings, manufacturers and distributors may be held responsible under the legal concept of product liability.
When someone is injured by a faulty product, many times, they suffer an illness or injury that prevents them from performing their daily responsibilities such as earning wages. They may also incur medical bills and other expenses. In most of these cases, those individuals have the right to file a claim against the party or company responsible for manufacturing and/or selling the product. Claimants who enlist the help of a qualified Houston product liability lawyer have overall better outcomes for their claims. If you have been injured due to a faulty product or diagnosed with a disease that you believe you developed due to a faulty product, you may have a right to file a claim. Stevenson & Murray Attorneys at Law can help you determine the right path for your situation.
The Texas law firm of Stevenson & Murray, Attorneys at Law represents clients in the Gulf Coast region and nationwide who have suffered serious personal injury or the loss of a loved one due to the defective design, manufacture, or marketing of consumer and industrial products. We have represented our clients in many product liability cases that have resulted in positive outcomes for the claimants. The main factor in a successful liability claim on a defective product is the ability of the claimant and their attorney to exhibit that the product was defective and that it was also the cause of the purported injury. If you or a loved one has been injured through the use of a defective product, do not hesitate to call Stevenson & Murray at (713) 622-3223 to arrange a free initial consultation. Se habla español.
It may be possible to recover compensation from a product liability lawsuit without legal counsel to represent you, but it can take significantly longer and result in a much less favorable outcome for the claim. It could also end up in a trial. However, having a legitimate defective product attorney advocating on your behalf could potentially save you from having to go to court to settle the claim. To determine if you are eligible to file a defective product claim, you will need to discuss the details of your situation and injury with an experienced product liability attorney. Cases in which claimants enlist the aid of a professional legal team generally have more positive outcomes for the plaintiff than those without legal counsel. These cases can result in enough compensation to help pay for damages incurred that include the following:
Whether you can pursue a successful settlement or jury verdict depends on the circumstances surrounding your case. When we investigate your case, we uncover the parties responsible for your injury or loss. The manufacturer, designer or seller of the product that caused your injury or loss may be liable to pay your damages.
There are several reasons why a product may be faulty. For example, the manufacturing process for the product might be to blame. In other cases, the product’s design may be the issue. A qualified product liability attorney can help determine if you have a potential claim for a settlement for sure, but in general, there are three reasons why a product is faulty, and thus three grounds for filing a claim. Detective design, defective manufacturing, and failure to provide adequate instructions or warning regarding the proper use of or potential risks of using a product are the three bases of defective product liability claims.
Defective design is when a product is inherently dangerous due to a design flaw. That means the entire line of products is unsafe for all consumers even though it was manufactured according to the given specifications. Some examples of a defective design include:
A defectively manufactured product is problematic due to a manufacturer’s flaw that occurred at the place of production. This is either an isolated incident or a single batch of defective products, and a manufacturer’s defect is the fault of the manufacturer. Examples of a manufacturer’s defect include:
This type of defective product claim is filed because the seller failed to provide consumers with proper instructions regarding the use of the product. Alternatively, the product failed to include a warning concerning the potential risks of using a product that requires special handling or precautions to be taken. This is often referred to as a failure-to-warn claim. Examples of these types of personal injury claims include the following:
In some cases, the injured party may even be able to hold the product’s creator accountable for your damages even if you suffered an injury while using the product as intended. Businesses have a legal obligation to warn consumers of any risks associated with using their products. When they do not and a consumer is injured as a result, a defective product claim is likely valid.
Defective product lawsuits are complex, requiring a substantial investment in time, resources and manpower. Our capable attorneys have decades of experience and a personal dedication to producing real results for victims of dangerous and defective products, including the following:
If you were injured or a loved one was killed in an accident caused by a defective product, immediate investigation and determining your legal rights to establish the manufacturer’s liability for damages is required.
Yes, in many cases in which a consumer was injured by a company’s product, it is possible to sue the company that sells the product. You might even be able to file a claim against the company that manufactured the product if there was no warning of the product’s risk of injury before the injury occurred.
The statute of limitations for personal injury claims is two years. This means you can file a claim from two years beginning the date of the injury. There are exceptions, though including:
In the last case, the time the defendant is absent is not counted in the two years’ time.
Negligence in a personal injury claim applies to most accidents, and thus, most defective product claims. Gross negligence applies when the carelessness of someone goes beyond ordinary fault. When someone puts other people in extreme danger and disregards their safety, it is typically deemed gross negligence. An example of gross negligence is someone driving 80 miles per hour through a stop sign in a residential neighborhood where children play. Intentional tort applies to acts of purposeful conduct such as civil assault and battery.
In Texas, if a product has a defective design, to receive damage recovery, you must prove that:
To learn more about your rights and legal options in seeking maximum financial recovery in a defective product lawsuit, please contact our Houston product liability lawyers. Call (713) 622-3223 for a free initial consultation with an experienced personal injury trial attorney. You may also contact the firm by email for honest answers to your questions about Texas product liability law and how it may apply in your case.
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