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Every day, many dangerous and defective products are sold to consumers. You may have no idea a product is defective until you get hurt. Then, you may have a lot of questions. Who is responsible? Can you be compensated? For answers to all of your questions, call a product liability lawyer at The Law Giant, Personal Injury & Accident Lawyers. Our Texas personal injury lawyers know the ins and outs of product liability law.

We will thoroughly review your circumstances and analyze liability. If there is evidence that a business is responsible, then we will guide you in seeking compensation. To learn how we can help after a defective product causes you harm, call The Law Giant at 866-523-4167. You can also reach out to us online to schedule a free consultation.

Types of Product Liability

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What Is Product Liability?

Not all products sold to consumers are as safe as they should be. A product that you assume is safe—or as safe as it can be—may be flawed. Something may be wrong with that product, which increases the risk that it will cause you harm. When you use a defective product, you could get hurt.

Product liability is a manufacturer, retailer, or other party’s legal obligation for injuries caused by defective products. If you use a product – such as a vape pen or household good – as intended, or however it is normally used, and are hurt, then you should speak with product liability attorney to discuss your right to pursue full and fair compensation.

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is the national median award in product liability cases according to the U.S. Department of Justice.

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Product Defect Claim

Product Defect Claim

The Law Giant, Personal Injury & Accident Lawyers Handles All Types of Product Liability Claims

At The Law Giant, Personal Injury & Accident Lawyers, our defective product lawyers handle claims arising from all kinds of defective and dangerous products. Whatever it was that caused you harm, give us a call. We will thoroughly investigate your situation, gather and analyze evidence, and determine if a company is liable for your injuries.

Some of the most common product liability cases we handle are based on:

Dangerous Drugs

Before a doctor can prescribe a medication, it must be approved by the U.S. Food and Drug Administration (FDA). However, many approved drugs are later found to be dangerous. Drugs can be on the market for years before authorities realize they are connected to negative and deadly patient outcomes.

Examples of dangerous drugs include certain birth control pills, heartburn, and acid reflux drugs, testosterone, Zofran for anti-nausea in pregnant women, certain antidepressants, and certain antipsychotics. If you were injured by a prescription medication in a way that was not a known risk, call a defective product lawyer right away.

You also are at risk of purchasing and consuming dangerous over-the-counter drugs. The FDA does not approve OTC medications. Sometimes they are only tested after hitting the shelves. This means you could purchase a contaminated drug at the store. After taking the drug once or numerous times, you may suffer a serious injury. If an OTC medication harmed you, call us right away.

Medical Devices

Like prescription drugs, medical devices must be approved by the FDA. Unfortunately, after months or years of certain medical devices being used, authorities discover that they are connected to serious and life-threatening negative side effects.

Examples of dangerous medical devices include certain knee and hip replacements, hernia and vaginal meshes, the power morcellator, IVC filters, and certain breast implants.

If you suffered a significant injury related to a medical device, call our product liability law firm right away.

Auto Defects

Vehicles and auto parts are one of the most common reasons for defective product claims. Considering the size and weight of vehicles, and the harm they can cause in a crash, it is important that every vehicle on the road be in good working order. However, no matter how well you or someone else maintains their vehicle, you cannot overcome the risk associated with a defect. If a part of your car is not made or installed the way it should be, it puts you, your passengers, and others at risk.

Examples of common auto defects include defective brakes, fuel systems, seat belts, electronic stability control (ESC) systems, power steering, tires, transmissions, and airbags.

If you were hurt in a car accident because your or someone else’s vehicle had a defect, do not hesitate to call a defective product attorney at The Law Giant, Personal Injury & Accident Lawyers.

Toys and Children’s Items

Infant and children’s toys and other products are also commonly defective. These items may be designed or made incorrectly, creating a choking, strangulation, or suffocation hazard. Large items may be made in such a way that they can fall over, trapping and injuring children. Foods, medications, and teething products may have potentially harmful substances in them. Children’s items are sometimes made with flammable material, placing the children at risk for fires and burns. A related kind of defect are products that are made to look like candy, which children ingest.

If your child got hurt, and you believe it was because a product was not as safe as it should be, call a liability lawyer as soon as you can.

Types of Product Defects

All types of products can be defective in many ways. However, the kinds of defectives that cause harm typically fall into one of three categories:

Design Defects

A product has a design defect when the product’s specifications do not create a product that is as safe as it could be. The intended design of the product is itself flawed in some which, which means the final product sold to consumers has an unnecessary risk of causing harm. When a product is defectively designed, every product manufactured and sold carries the risk of hurting someone when they use it. For example, design defects can be found in many power tools. A large saw may not be designed with any guards or implements to protect a user’s extremities, even though it could be.

Manufacturing Defects

One or more products can have a manufacturing defect when something goes wrong during the creation and assembly process. When a product has a manufacturing defect, the end product does not adhere to the intended design in some way. Manufacturing defects can impact one or a small number of products. However, in the current world of mass production, manufacturing defects often affect large quantities of products. An example of a manufacturing product is when a medical device or drug should be sterile. However, a problem during the creation, assembly, or packaging process contaminates the device or drug. This presents a significant risk to patients who face a high risk of infection from unsterile products.

Warning Defects

Not all products can be entirely safe. Many items we purchase and use on a daily basis come with risks. For instance, a lawn mower has powerful rotating blades that could cause lacerations and amputations. Curling and flat irons get hot enough to cause burns. These products do not all have design defects. In many cases, they are designed to be as safe as possible. To compensate for the risks, the products come with warnings and instructions. When a product does not have the appropriate warnings and instructions, this is called a failure to warn. It is also known as a warning or marketing defect.

Product Liability Law

The Texas Product Liability Act is a strict product liability law. When a party is held strictly liable, it means they are legally liable for your injuries whether or not they did something wrong. The manufacturer is responsible for its product. Therefore, the manufacturer is responsible for the harm its product causes. Under strict liability, it does not matter if the liable party was careless, reckless, or behaved in a willfully dangerous way.

If you were hurt because of a product, and you believe that product had a design, manufacturing, or warning defect, call us right away. You may have the right to file a product liability lawsuit against the manufacturer, seller, or other parties.

While Texas holds manufacturers’ strictly liable, you may also file a product liability claim on another legal basis. You may have evidence that another party was negligent, and it was this negligence that led to the defective and dangerous product, which ultimately resulted in your injuries.

In some situations, you may claim that another party breached an implied or explicit warranty regarding the product or committed fraud. If you alleged a breach of warranty or fraud, you must be able to show its connection to the defective product and your current injuries.

To discuss the potential legal basis for your product liability claim and learn more about strict liability, call The Law Giant, Personal Injury & Accident Lawyers today.

What You Need to Prove in a Product Liability Claim in Texas

If you or a loved one were injured because of a defective product, call our liability lawyers right away. Even if you are confident that you were injured because of a product, that does not automatically mean you can prove there is a defect or obtain compensation. It is best to work with a law firm experienced in product liability claims to prove your claim and increase the chance of receiving a full and fair settlement.

In Texas, you must prove a number of elements to obtain product liability compensation, including:

  • The product was defective;
  • The defective product was unreasonably dangerous; and
  • The defective and dangerous product was a producing cause of your injuries.

To prove the product was defective, you must present evidence that there was a warning, manufacturing, or design defect. If you claim the product was defectively designed, you must also show that there was a safer alternative design, which was economically and technologically feasible at the time. This can be legally challenging, which is why we recommend working with a skilled and experienced attorney.

Product Liability Compensation

If you and your product liability lawyer can prove each element of your case, then you may receive compensation through an insurance settlement or a jury verdict in your case. This compensation should cover your:

  • Medical Expenses
  • Lost Wages
  • Lost Earning Capacity
  • Physical Pain
  • Mental Anguish
  • Physical Limitations
  • Disfigurement
  • Property Damage