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.
Why Choose The Doan Law Firm’s Product Liability Lawyer?
At The Doan Law Firm, you will be represented by one of the most trusted and powerful attorneys in the Houston area. Attorney Jimmy Doan Has been helping injury victims recover compensation for more than 20 years.
We provide personalized attention to every single case that we take. You will never be just a number to us. You are a real individual with real needs, and we will always be here to answer your questions.
Our team will come to you if you cannot make it to us. We will meet you at the hospital, a rehabilitation center, or at your home if your injuries prevent you from getting to our office.
Houston Product Liability Resources
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The United States has robust consumer protection laws designed to keep consumers safe from potentially defective products. These laws stipulate that manufacturers and designers have a responsibility to the consumer, and these responsibilities involve ensuring that their products are safe to use and that they warn consumers of any potential risks of using the product.
Product liability law is designed to hold manufacturers and retailers accountable for failing to take reasonable precautions when ensuring product safety. Companies must make sure that they sell products that are free from manufacturing defects or design flaws that could cause harm to you, the consumer. Companies should also provide adequate labeling and warnings to make sure consumers know about how to use the product, the ingredients, any safety hazards, etc.
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.
Elements of a Product Liability Claim
Product liability claims are typically considered “strict liability,” which can certainly be a good thing for consumers who sustain injuries or illnesses caused by a defective product. In these situations, victims typically do not have to prove that a retailer, manufacturer, or company was negligent in their actions. They just have to show that the product was defective and it was used as intended.
However, there may be times when individuals can file a different type of claim besides a strict liability claim. In the event 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. Some of the reasons that could lead to these types of filings include the company or manufacturer knowingly violating federal or state safety standards, deliberately covering up information related to a defect, selling a product that has already been recalled, etc.
In these cases, it will be crucial to show 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 some sort of monetary loss
We strongly encourage you to speak to a skilled Houston products liability attorney who has experience handling strict liability claims and traditional personal injury lawsuits. Your attorney can help walk you through this process, conduct an investigation, and help you determine the best route moving forward for your particular situation.
Why Hire a Houston Product Liability Lawyer?
An unfortunate aspect of product liability lawsuits is the complexity involved with these claims. Typically, the average individual does not have the resources or legal knowledge necessary to pursue a claim against larger companies or manufacturers. That is why a Houston product liability lawyer should be your first phone call after sustaining an injury or illness caused by a defective product.
When you work with a skilled attorney, you will be gaining an advocate that will be by your side every step of the way. Your attorney will initiate an investigation into the incident and use their resources to determine liability. This can be a time-consuming and expensive process, but your attorney will be the one to front those costs, not you. As an investigation is ongoing, your attorney will begin a conversation with insurance carriers and the at-fault party or their legal team and begin the process of negotiating a fair settlement. In the event the at-fault party or insurance carrier refuses to offer a fair settlement, your attorney can file a civil lawsuit in order to move the case to the court system.
While all of this is ongoing, your attorney will make sure you are evaluated by trusted medical professionals who can see to your well-being and help adequately calculate total expected costs. If a product liability accident resulted in fatal injuries, a wrongful death attorney in Houston can fight for justice on your family’s behalf.
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:
Articles of clothing
Prescription and over-the-counter medications
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.
Product Liability Cases Can Be Complex
Product liability claims can indeed become incredibly complex very quickly. You can be certain that the at-fault party will have insurance carriers and their own legal teams by their side in an effort to push back against having to pay out any compensation at all. Sometimes, these at-fault parties will try to shift some or all of the blame onto the consumer who sustained the injury.
In order to be successful with a Houston product liability claim, they will need to be an extensive investigation into the incident. When you work with a trusted attorney, you will have an advocate with the resources needed to conduct this investigation. This includes gathering evidence related to the specific incident in question, such as photographs, video surveillance, property from around the area, statements from those involved, company safety records, etc. An attorney will also need to look through a broader lens at the product and whether or not it has been a problem for others around the country.
The investigation is only one part of these claims. As the attorney works to build the case, they will help ensure that you, the client, are evaluated by trusted medical and economic experts who can help adequately calculate your total losses and future expected needs.
Sometimes, these cases can be resolved through settlements with insurance carriers, but it may be necessary to move the case toward a jury trial. Your attorney can help walk you through this process and explain everything to you so that you are informed about all of your options moving forward.
I can't recommend the Doan Law Firm enough! Eduardo was especially wonderful and couldn't have been kinder, more knowledgeable or more patient. The entire team went above and beyond. The Doan Law Firm is exactly who you want on your side!!
I have nothing but great things to say about The Doan Law Firm. My husband got in an accident and I reached out to the firm and they immediately started working on his case and got him the medical treatment he so desperately needed. His entire staff kept me and my husband updated every step of the way. The most important thing, they got us a great result! Thank you so much for everything!
I work with senior paralegal, Logan Erickson. He was very nice and was helpful answering all my questions. Jimmy and all of his team members were excellent and answered all concerns I had. Highly recommended!
The Doan Law firm team deserves more than 5 stars. Specifically Eduardo and his team. They went above and beyond on my daughter’s case. They were always so patient with my numerous calls asking for updates and always thorough explaining to me the process and the next steps. I will highly recommend this firm to my friends and family.
After a traumatic experience being in my 1st automobile accident with my children I was lost and confused. I searched online for an attorney and The Doan Law Firm looked awesome. Having them handle my case was honestly the best decision I've ever made!! From everyone being sincere & ready to work to Mr. Eduardo Mora & his team of paralegals just calling to make sure I was ok and everything in between was A1!! Fantastic bunch of people! Professional, PROMPT, Knowledgeable, Fearless & Compassionate! After my 1st phone call with them I knew I was in good hands. Thank you for taking the time to read this review 💓
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.
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.
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.
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.