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 Houston product liability lawyers at The Doan Law Firm for immediate assistance.
We are aggressive product liability lawyers who can go up against any manufacturing company or insurance corporation to demand justice on your behalf. You can speak to one of our attorneys over the phone or in person about a potential product liability case today, at no cost or obligation.
What Are the Three Types of Product Defects?
A product liability lawsuit is a civil claim to damages, or financial compensation, that is brought against a manufacturer, distributor or retailer for creating a defective product. It is a claim that aims to prove that a product contained a defect and that this is what 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 mean that the manufacturer failed 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 Houston injury lawyer can prove the existence of one of these defects – and the item’s connection to your injuries – you will 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.
Breach of Warranty and Negligence
You may have grounds to file a product liability claim other than strict liability, as well. If there is evidence that the manufacturing company was negligent, such as by violating federal safety standards or knowingly covering up information about a defect, you may have a claim based on negligence. Product liability cases are also filed based on a breach of warranty, or the failure of a manufacturer to fulfill a promise given to consumers, such as regarding the safety of an item. A lawyer can carefully analyze your case and determine if you have grounds for a lawsuit.
What Damages May Be Available?
At The Doan Law Firm, we believe in holding wrongdoers accountable for the harm that 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 Houston, our attorneys can use proven legal strategies to force the defendant to pay a fair amount in damages. The average product liability lawsuit can pay for:
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 important to contact an attorney before accepting a settlement offer. You can trust a case estimate that you receive from an attorney, as he or she will want to maximize your financial recovery – not 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 major injuries. Some of these defects are minor and harmless, while others are deadly. The Takata airbag defect in 2019, for example, injured at least 400 people and killed 19 others with airbag inflator explosions. Some of the most common products involved in lawsuits in Texas are:
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’s been recalled, follow the manufacturer’s recommended remedy to keep yourself safe. If you’ve been harmed by a defective product, the attorneys at The Doan Law Firm can help you understand your legal rights as an injured consumer.
What to Do if You’ve Been Injured by a Defective Product in Houston
If you get injured by any type of product or consumer good in Houston, Texas, get medical attention for your injuries right away. Take photographs of the defective product and your injuries as they heal. Keep the original packaging that the product came in, as well as any instructions or materials. Contact the manufacturer of the product to file a complaint. Then, before you proceed with an insurance claim, contact The Doan Law Firm for a fast and free legal consultation. We can help you build the strongest possible product liability claim to fight for fair and full financial compensation.
Contact Our Trusted Product Liability Lawyers in Houston, Texas
It is important to hire the right attorney to represent you during a product liability lawsuit in Texas, especially if you or a loved one suffered serious injuries. Your future is hanging in the balance. Protect yourself by hiring the experienced and reputable lawyers of The Doan Law Firm. We know how to get real results when going up against powerful defendants, including manufacturing companies. We will help you protect your legal rights and obtain the results that you deserve. One of our Houston product liability lawyers can stand by your side through every phase of the legal process.