When you purchase a product, you expect it to offer and abide by certain things. One of the principal issues is that it should not cause you harm, and this is especially crucial when it comes to consumer products. However, there are situations where this is not the case.
At Willis Law Firm, we have highly accomplished Texas Product Liability Lawyers that have handled numerous cases concerning design faults and manufacturing defects. They have managed, through these cases, to unearth and showcase corporate negligence that is often underestimated.
If you use a defective product that harms you in any way, you might qualify to seek compensation. A properly functioning economy is founded on safe and effective products and services. Therefore, faulty things pose a danger and potentially stain and diminish that confidence.
If you reside in Texas and are planning to seek justice for the harm done to you by a defective product, you need the assistance of a trusted, experienced, dependable personal injury attorney. Call Willis Law Firm at (800) 800-9833 to schedule a free case evaluation and discover the legal steps you must take towards fighting for your rights.
What Is Product Liability Law?
According to the law, you are entitled to expect a product not to be harmful if you use it correctly. Product liability law is a mix of state and federal rules and regulations governing a product’s standards. It is meant to protect consumers from items on the market that are dangerous.
You are legally entitled to seek justice if you sustain injuries attributed to the use of a defect product. If you used the item reasonably, but it caused you harm, you can sue the parties responsible for its design, manufacture, marketing, and sale. Work with a personal injury lawyer to determine if you have a valid claim and understand the legal options.
Examples Of Defective Products
Some items can potentially cause harm when used incorrectly. However, the dangers posed by the defectiveness of products are not uncommon and can be experienced through different things. Some products are more prone to posing hazards and the flaws in their design or function, hence why they are viewed as more dangerous than others.
At Willis Law Firm, we have highly experienced product liability attorneys who have helped different clients in cases dealing:
- Defective medical products like drugs and other devices
- Faulty vehicle parts
- Defective toys
While this list is not exhaustive, it paints a picture of the kind of lawsuits we handle. If a product has hurt you, our product liability lawyers in Georgia can help you. Call our law offices today to find out more about how we can assist you in seeking justice.
The Different Types Of Product Defects
1). Manufacturing Defect
It is when an error is made in the production process of an item, making it structurally or functionally flawed. If the product causes harm to the user, it automatically is viewed differently from the others in the same market. Some top examples of manufacturing defects include:
- Tainted batch of biscuits
- A vehicle made or repaired with substandard parts
- A cracked coffee pot or flask that leaks hot liquid
- A lamp with a frayed cord
2). Design Defect
It occurs when there is a flaw in the conceptualization of a product’s design that was also missed in the manufacturing process. A product with a defect in its design will imply that all the others in that production line have the same flaw. Examples of these issues include:
- A car model and make that is highly prone to accidents because it has a heavy top or malfunctioning part
- A laptop that shocks users when opened or overheats excessively when used
- A lawnmower’s blade detaches when spun too fast
3). Failure To Issue Adequate Warning
While a product might be defective when it is out in the market and in the hands of the consumer, the manufacturer is legally required to warn them of the potential dangers of using that product. Hence, failure to alert the public is very different from the flaw in the item in question. The law stipulates that any product that poses a risk in its use should have a warning on it that alerts users of the need to be extra cautious and careful when using it.
If there is no warning that ought to be, the manufactures can be sued for failure to warn. Examples of such situations include:
- Medication that does not warn of possible dangers when used with other drugs
- A stove with knobs that get too hot to touch when the temperature hits a certain level
- A bonding agent that causes significant chemical burns on human skins or animals
How Can You Prove Liability In A Products Liability Case?
In most situations, liability exists for products with a flawed. In Texas, this matter is handled based on strict liability, meaning the plaintiff is tasked with proving:
A). The injury sustained was caused by the defective product
B). The item came into the market while faulty
C). The makers (manufacturer) of the product are responsible and should be held accountable for their mistake
The procedure for determining fault is different and often unnecessary since the matter differs from other tort claims. The plaintiffs in liability case must prove the tort happened, and if the defendant was responsible.
What Steps Should You Take After Sustaining Injuries Caused By A Faulty Product?
Different products in the market can be flawed for a variety of reasons. It is an issue that can step from a problem in the design or production phases. Overall, this issue will be viewed as negligence on the part of the manufacture.
The cause might influence liability, which does not negate the pain and loss attributed to the injuries the product caused because it was defective. Nevertheless, you must remain calm and ensure that you fight for your rights after getting injured.
Keep the product in question safe, for it will be used as evidence in your claim. Our highly experienced lawyers will work closely with experts to examine the product and determine if its flaw is to blame for your injury.
Get in touch with us today, schedule a free consultation, and bring with you all the purchase documents of the product to the meeting. Do this as soon as possible after the injury so that it is easier for us to investigate the matter and put together a strong case.
How To Determine Fault In A Product Liability Case In Texas
In our experience as injury claims attorneys, we know of and effectively used two methods of determining blame. They two are:
- Strict Liability – The plaintiff must prove the manufacturer is at fault. This starts with identifying the manufacturer, showing their product was faulty when it left the production line, hitting the market, and the product’s defectiveness that caused you harm.
- Negligence – The case can quickly become complicated when it comes to proving negligence. The plaintiff must show that the product’s makers or distributors failed to honor the duty of creating a safe item that will not harm the public.
Is My Product Liability Case Worth Pursuing?
We shall conduct thorough investigations to prove that a flaw in the design or function led to your injury. However, please note that every case is different hence the need to consult an experienced product liability lawyer soon after sustaining injuries attributed to using a defective product.
At Willis Law Firm, we have highly accomplished, and professional lawyers committed to helping clients who come to us to help with defective product claims. We have gone up against some large corporations and won. We have all the resources needed, including an experienced team of legal experts, to review every information you give us so that we can advise accordingly on the best steps to take when seeking justices.
How Do Faulty Products Find Their Way Into The Markets?
If a product is the result of poorly done design and manufacturing, it causing harm to the user should not come as a surprise. Remember that companies are out to make a profit when releasing a product, and some will do so without having their customers’ best interests at heart.
Cutting corners in the design, materials used, and safety testing is an all too common practice that some large corporations engage in trying to maximize profits. It is a situation that renders their products a danger to the consumers. Therefore, you are entitled to receive compensation if you are hurt or injured after using the defective products.
The much you are awarded as compensation depends on various factors including, but not limited to, the following:
- Determining the extent of your injuries
- If they harm done prevents you from working and earning a living
- Negligence on the part of those makers or distributors of the flawed product
Please note that you might also be eligible to seek punitive damages in your product liability claim if you can prove the manufacturer willful malice, fraud, misconduct, or conscious indifference when creating and releasing the product to the market.
What Damages Are Awarded In Product Liability Cases?
The court will determine the damages to award based on the liability laws and evidence presented. Keep in mind that the liability laws vary from one state to the next and that modified comparative negligence rules apply in Texas. The rule dictates that the court is tasked with determining each party’s level of blame in the incident. For instance, if the court finds you are 30% at fault, a 30% reduction will be instituted in the damages awarded to you.
Negligence rule is one of the commonly used approaches. It relies on the modified comparative negligence rule stating you are not entitled to any compensation if you are 50% to blame for the incident. That means the person accused must have more than 50% liability for your injuries for you to be entitled to receive compensation.
Moreover, damages must be present for the claim to be valid. However, you cannot file a claim if there is no harm done to you or your property. Also, note that Texas does not have a cap on the amount of money that you can receive in damages, as is the case with most states. Nevertheless, the state of Texas does take 75% of what is awarded in product liability cases when it comes to punitive damages.
Can I Recover Damages If I Contributed To The Accident?
If you fail to read the instruction and abide by them when using a product and sustain injuries, you might not qualify to seek compensation. However, some factors will also be in play.
For instance, you might be using a tool that the manufacturer recommends you handle while wearing protective gear like eyewear. If the injury happened because you’re the tool was defective, the manufacturer will be held responsible. But if your failure to wear protective gear as instructed might have contributed to your injury, comparative negligence rule could be applicable and be awarded a reduced compensation.
If you are found to be 10% liable for your injuries, the value of the claim drops by the same percentage. That means you still will be entitled to receiving compensation though you are partly at fault.
Who Pays Me Compensation After Proving Product Is Faulty?
The parties found liable – be it the product’s designer, manufacturer, distributor, or retailer, will pay you the compensation awarded to you will be settled by the parties found liable. Many of them are businesses that carry adequate insurance, meaning their insurers can pay the damages. However, such an outcome is dependent on you, proving that those to blame were reckless, negligent, or malicious.
Is There A Statute Of Limitations For Product Liability Lawsuits In Texas?
The law stipulates the time within which you can file claims for product liability damage. The period varies from state to state. In Texas, two timelines apply to these cases. If the matter is a personal injury case, you have 2 years from the date of the incident to file your claim. If the damage is to your property, you have 4 years from when it occurred to file your claim.
Get In Touch With Our Product Liability Attorney In Texas For A Free Consultation!
If you reside in Georgia, TX, and sustained injuries after or when using a defective product, we can help you seek justice. At Willis Law Firm, our lawyers are professionals that are dedicated to helping our clients win. We would like to hear from you. Call us at (800) 800-9833 to schedule a non-obligatory case review.