When you decide to purchase a product, any type of product, there’s the expectation that it will work as intended. The last thing you expect is for the product to cause you harm. This is true for everything from clothing and food to household appliances and lawn equipment. If there is something that is dangerous about a product, you expect that there will be a warning and written instructions regarding how to avoid the issue.
Unfortunately, not all products that are sold today will be safe for you to use. When you are injured by a defective product, you may have the right to file a defective product claim. Cases of product liability can be complex and confusing, which is why it is smart to reach out to our legal team for help with the lawsuit and to ensure you receive the compensation you deserve for your injuries.
What you need to know about product liability and how Crain Brogdon, LLP can help.
Each day there are defective and dangerous products sold to unsuspecting consumers. Many people have no idea that a product is dangerous until they are injured. When this happens, they will likely have a lot of questions, including who is responsible for their injuries. You may also wonder if it is possible to recover compensation for the injury you sustained.
The best way to get accurate answers to these questions, and others, is by contacting our legal team. We have experienced product liability attorneys and can help you hold the liable party responsible and ensure you receive compensation for the injuries and losses you incur due to a defective or dangerous product.
Our team will review the case and circumstances to determine who is liable. If there is any evidence that shows a business may be responsible, we can provide guidance regarding how to seek compensation. The first step is to give our legal team a call to discuss your case and potential liability.
Unfortunately, not every product that is advertised and sold to consumers is safe. You may assume that a product available for purchase is safe; however, it could have serious flaws. There could be something wrong with the item, which will increase the possibility of harm when you use it. If you use a defective product, you may also suffer an injury.
Product liability is the obligation that retailers, manufacturers, and other parties have to pay for the injuries that are caused by a defective product they produce or sell.
For example, if you use household products or vape pens as intended, or as normally used, and you suffer an injury, it’s smart to get in touch with our product liability attorney in Dallas. We can discuss your situation and determine if you have legal grounds to file a lawsuit and who you should file the lawsuit against.
Our law firm has years of experience handling all types of defective product cases and claims. It doesn’t matter what type of product caused you harm; we can determine the liable party and work to help you recover compensation. With our legal team, you have professionals who are going to carefully investigate your case and situation, acquire and analyze evidence, and figure out who can be held liable for the injuries you experienced.
While you can count on our legal team to handle any defective or dangerous product case, some of the most common cases we see include:
Before a healthcare professional is legally allowed to prescribe a medication to patients, it has to go through an approval process, which is regulated by the FDA (U.S. Food and Drug Administration).
However, there are many drugs that were initially approved by the FDA but later found to be dangerous. In fact, drugs may be available on the market for several years before the governing bodies realize that they are causing negative or even deadly outcomes for patients.
Some common examples of dangerous or defective drugs and medications include heartburn medications, birth control pills, Zofran used for preventing nausea in pregnant women, testosterone medications, antipsychotics, and even some antidepressants.
If you experienced any type of injury caused by a prescription medication, and the risk was not known or warned against, then you should get in touch with our legal team.
However, it isn’t just prescription medications that can be defective and dangerous. There is also the possibility that you will purchase and use dangerous OTC drugs. It’s worth noting that drugs sold over the counter do not have to go through FDA approval. In some situations, they are only tested when they are sold to consumers. What this means is that you may be buying contaminated medications the next time you go to the store. After you have taken a medication several times, you may begin to experience side effects, or even a serious injury. In this situation, you may have the right to file a legal claim. It is best to reach out to our legal team to know what your rights are.
Medical devices have to go through the same FDA approval process that prescription drugs do. Nevertheless, after several months or even years of a medical device being used, the professionals or authorities may discover that it is linked to serious and even life-threatening side effects.
Common examples of dangerous medical devices include things like hip and knee replacements, the power morcellator, some breast implants, IVC filters, and vaginal and hernia meshes.
If you experienced a serious injury because of any type of medical device, it is smart to get in touch with our product liability attorneys.
Auto parts and vehicles are another common cause of defective product claims. If you think about the weight and size of a modern vehicle and the harm they may cause in an accident, it’s clear that all vehicles need to be in good, properly maintained order when they are out and on the road. However, no matter how well vehicles are maintained, it’s not possible to always overcome the issues or risks related to defects. If there is a part of your vehicle that was not made or installed properly, then it puts you, your passengers, and other people on the road at risk.
Some of the most common examples of auto defects that are seen today include defective airbags, seat belts, brakes, transmissions, fuel systems, tires, power steering, and electronic stability control or ESC.
If you suffered an injury because you were involved in a motor vehicle accident because your own or another person’s vehicle had a defect, you have rights. You may be able to hold the manufacturer or seller of the defective part liable. Contact our law firm so we can conduct a full investigation of the situation.
Children’s toys and similar products can also be defective in some way. For example, the items may be made improperly, or present a suffocation, strangulation, or choking hazard. Larger items are often made in a way that they will tip over, which can trap and injure smaller children.
Teething products, medications, and foods can also include harmful ingredients that injure a child or make them ill. In some situations, items for children are made using flammable materials, which puts the child using the item at a higher risk for burns from fires.
Another defect is if an inedible product is designed to look like candy. When this happens, a child may be tempted to ingest it.
If your child suffered an injury that you believe was caused by an unsafe product, it’s best to get in touch with a product liability attorney right away.
There are different types of defects that may cause harm. These include:
A design defect occurs if the specifications of a product don’t create an item that is as safe as it should or could be. The initial design of the product will be flawed in some way, which means that when the item is sold to someone, there is an unnecessary risk of harm. If a product has a defective design, it can harm someone when it is used.
An example of this is seen in many different types and brands of power tools. Larger saws aren’t always designed with the proper implements or guards to provide adequate protection for a user’s extremities. With a better design, this protection may be possible.
A product may also have a manufacturing defect. This typically occurs if something goes wrong during the assembly or creation process. If a product is created with a manufacturing defect, then it means the end product that is sold to consumers has not adhered to the specified design in some way.
Cases of manufacturing defects can impact just a single product or a few; however, today, with mass production, it is not unlikely for manufacturing defects to impact a large number of items.
One example of a manufacturing defect is if a drug or medical product needs to be sterile. In some cases, however, when the product is being produced, assembled, or even packaged, contamination occurs. This contamination then presents a serious risk to the patient. In some cases, it may increase the risk of serious infection.
Not every product available for sale is considered safe. There are some products that consumers buy and use daily that have inherent risks. One example is the lawn mower. This machine has extremely powerful moving blades that can cause cuts, lacerations, and even amputations. Another example is a curling or flat iron, which can get so hot they can cause serious burns on the skin.
With these products, the issue is not a design defect. In several situations, they are actually designed to be as safe as they can possibly be. The risk with these products lies with the instructions and warnings. If a product does not include the necessary instructions and warnings, then it is referred to as a failure to warn. This situation is also called a marketing or warning defect.
In the state of Texas, there is a strict product liability law, which is called the Texas Product Liability Act, through which a party can be held strictly liable for the harm.
Manufacturers are responsible for the products they create. Because of this, if a manufacturer creates a product that causes harm, it doesn’t matter how the harm occurs; the manufacturer is considered liable.
If you have been injured because of a product and you believe that the product had some type of design, warning, or manufacturing defect, it’s best to get in touch with our legal team right away. We can help you file a product liability lawsuit against the manufacturer, the seller, or another party.
While manufacturers can be held strictly liable in Texas, it is also possible to file product liability claims based on other legal grounds. For example, you may have evidence that another party was negligent and that their negligence resulted in the dangerous and defective product that resulted in your injuries.
There are some situations where you can claim that a different party breached or even implied an explicit warranty regarding a product or that they committed fraud in some way. If you plan to file this alleged fraud or breach of warranty action, you must show how the defective product caused or is related to your current injuries.
If you want to discuss your legal ability to file a product liability claim, reach out to us today.
If you or someone in your family suffered harm or an injury because of some type of defective product, it is a good idea to get in touch with our product liability attorneys right away. Even in situations where you are 100% confident that a defective or dangerous product caused your injury, it does not means that you will be able to automatically receive compensation. Your best bet is to get in touch with our product liability legal services so we can investigate your situation and claim.
In the state of Texas, there are several elements you must prove to successfully win a product liability case and receive compensation. These elements include:
To successfully prove that the product was defective, it is necessary to show evidence that there was some type of design, manufacturing, or warning defect. If you make a claim that the product had a defective design, you also have to show that there was a much safer, alternative design, which was technologically and economically feasible at the time of production. This is often legally challenging, which is why it is a good idea to work with our attorneys on your case.
If you, with the help of your product liability lawyer, can prove all the required elements, then you may be able to recover compensation by filing an insurance claim and receiving a settlement or winning a verdict from a jury. The compensation you receive should cover:
When you contact our legal team, you can feel confident that we fully understand how devastating it can be to suffer an injury (or to have a child or another family member experience an injury) by using a product that you should have been able to trust. Recovering from the injury should be your focus.
Our team will take over when it comes to the legal aspect of your situation by filing a lawsuit on your behalf, investigating the incident, gathering evidence, and negotiating with the other party. Our goal is to help ensure you receive the maximum amount of compensation possible for the injuries and damages you incurred because of a defective product.
If you are ready to start your claim, or if you have questions about a defective or dangerous product, contact us today. We can answer your questions and help you each step of the way as you file a claim for compensation after a defective or dangerous product caused you harm. The first step is to make a phone call to us, so be sure to do that today.
Quentin Brogdon has over thirty years of experience and expertise in the field of personal injury trial law. He is board certified in both personal injury trial law and civil trial advocacy. Quentin has received an AV rating from Martindale-Hubbell, the highest possible rating. This rating reflects an attorney’s ethics and abilities according to reviews from fellow attorneys. [ Attorney Bio ]