Houston Product Liability Lawyer
Normally, your gas grill works fine, your food is nutritious, and your car stops when you use the brakes. However, sometimes these things do not happen the way they should, and tragically, many people are injured by defective products every year.
A product liability lawsuit can be difficult to navigate successfully and win because there are many important points you will have to prove. If you have been in an accident involving a product that did not function properly, get the support you need from a Houston product liability lawyer from Denena Points, PC.
Burden of Proof and When to Act
Product liability claims are mainly under the jurisdiction of state laws because there is no federal liability law. If the product defect was due to negligence within the production chain, you don’t need to prove that you were not negligent in your use of the product. Strict liability also allows this.
Texas has a two-year statute of limitations for personal injury and wrongful death lawsuits. An exception to this occurs under a breach of warranty claim, which has a four-year limitation from the purchase date, unless the warranty cites a longer duration. Contacting a Houston product liability lawyer quickly will ensure you do not run out of time to file your personal injury lawsuit.
Product Liability Categories
Product liability claims can generally be placed into three different groups. Figuring out which of these your case qualifies as and who is liable can both be real challenges.
Any entity that is part of the distribution chain could be held liable for a defect, including the product manufacturer, the parts manufacturer, the installers or assembly company, a wholesaler, or a retail store. A Houston product liability lawyer from our office will have access to investigative materials and will be able to determine precisely what the defective product’s defects were.
Design defects are built into the original plans, meaning that the product was dangerous before ever being manufactured. The entire line will have the same error built in if they were accurately produced.
Examples could include a line of SUVs that roll over too easily, a fan with inadequately covered blades, and barbecue grills with plastic gas lines too close to the heat source.
Manufacturer defects happen during the fabrication or assembly of the product, making this particular item or lot different from others of the same design.
An individual vehicle with missing components, a fan with poorly balanced blades leading to a motor fire, and a gas grill with a faulty regulator are all examples of manufacturing defects.
Marketing defects include a lack of proper labels, warnings, or instructions that should have been provided for a product. Failure-to-warn claims, as they are also known, usually have to do with a product that requires extra precautions to handle safely, but that are either unknown or not obvious to the consumer.
A self-driving car that does not properly warn the driver to take control or a medication with unexplained side effects are both marketing defects.
Naturally Unsafe Defective Products
Some consumer products are actually useless if they are not inherently unsafe. A chainsaw that cannot cut your leg will probably not do much to a tree, but if that chainsaw had inadequate instructions or warnings, you might still have a case.
Getting hurt by a product like this can be one of the most stressful defective product injuries to experience because you might not be certain if you or the manufacturer were at fault. Your Houston product liability lawyer will know what warnings and directions should have been provided and help you determine if you have a case.
Damages for Defective Product Injuries
Injuries suffered from a defective or dangerous product can be both extensive and expensive. You could be burned or maimed or suffer a traumatic brain injury, spinal damage, and even emotional and psychiatric damage.
You are entitled to compensation from the at-fault party for any and all expenses related to your injuries and resulting medical condition. With the support of a Houston product liability lawyer from our office, you can stop worrying about the financial aspects and focus on recovering.
- Medical expenses will include your immediate costs, such as medical transport, the emergency room visit, a hospital stay, procedures, medications, physical therapy, and sometimes psychological treatment.
- Income damages will consist of your immediate losses from missing work while recuperating and also your long-term losses due to a diminished ability to perform your current job duties.
- Property damages caused by the defective product can include fire, water, smoke, or explosion damage done to your house, vehicle, or other belongings.
- Loss of consortium is defined as the damages done to your personal relationships.
- Pain and suffering experienced due to your defective product injuries should be included in your settlement.
- Emotional distress can include nightmares, anxiety, and post-traumatic stress disorder (PTSD).
Free Consultation with a Houston Product Liability Lawyer
If you have been injured by a defective or dangerous product, you deserve to be compensated for all of your resulting losses and damages. Get the help you need by contacting a Houston product liability lawyer from Denena Points, PC as soon as you can. Call us at 713-807-9500 or fill out the form below to schedule your free consultation. You owe it to your family, your future, and yourself.