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Product Liability

Houston TX Product Liability Lawyer

Many dangerous and defective products are sold to consumers daily. You might not realize a product is defective until you are injured. You may then have many questions. Who is accountable? Can you receive payment? Call Wadler Law’s product liability lawyer in Houston, Texas for answers to all of your questions. 

Our qualified Houston TX product liability lawyer is well-versed in product liability law. We will carefully examine your circumstances and assess liability. If there is evidence that a company is at fault, we will assist you in pursuing compensation. Call Wadler Law to learn how we can assist you after a defective product has caused you harm.

Why Do I Need a Product Liability Lawyer in Texas?

If you were injured or lost a loved one as a result of a defective product, you may be entitled to financial compensation. Sadly, product designers and manufacturers frequently have the means to contest any claim made against them. Recovering a fair settlement may therefore require a difficult legal battle, and a single error could compromise your entire claim.

Hiring our Houston TX product liability lawyer has numerous advantages. Our legal team can conduct a comprehensive investigation to determine the responsible party and gather all available evidence. Our Houston personal injury attorney can also assist you in avoiding costly errors and ensuring that your claim accounts for all potential damages.

To Determine the Responsible Party

Any party involved in the creation or distribution of a defective product may be liable for resulting damages. The designer, manufacturer, quality control specialists, engineers, wholesaler, and retailer are all examples. Sometimes multiple parties share responsibility. 

To identify the defendants in your case and compile evidence of fault, our skilled Houston TX product liability lawyer will need to conduct a meticulous investigation.

To Compile All Available Proof

You must prove liability, causation, and damages to win your case. A substantial amount of the evidence required to support your case may be in the possession of the defendant. For instance, the product’s blueprints and schematics may reveal a design or manufacturing flaw. 

Our Texas personal injury attorney can collect this evidence on your behalf and, if necessary, issue a subpoena to obtain withheld evidence. Compiling all available evidence is crucial for avoiding and mitigating disputes that could result in protracted litigation and reduce your financial recovery.

To Avoid Expensive Errors

Even if you have solid evidence to support your claim, you could still make an error that undermines it. Missing doctor’s appointments, failing to fill prescriptions, or otherwise disregarding your doctor’s orders could result in a dispute. 

Other common errors include posting about the incident or case on social media and providing the opposing party with a recorded statement. We can assist you in avoiding these errors and in making well-informed decisions throughout the proceedings.

To Account for All Possible Damages

If you do not hire a personal injury lawyer to handle the settlement calculations and negotiations, you may accept a settlement that is significantly less than what you deserve. 

Our trusted product liability lawyer in Houston, Texas can estimate a reasonable settlement amount and employs tried-and-true negotiation tactics to fight for a fair settlement.

What Constitutes Product Liability?

Not all consumer products are as safe as they should be. A product that you believe to be safe or as safe as it can be may contain defects. There may be a defect in this product, which increases the possibility that it will cause you harm. When using a defective product, you may sustain injuries.

Product liability is the legal obligation of a manufacturer, retailer, or another party for injuries caused by defective products. If you are injured while using a product as intended or as it is commonly used, such as a vape pen or household item, you should discuss your right to pursue full and fair compensation with our skilled Houston TX product liability lawyer.

What is the Texas Product Liability Act?

The Texas Product Liability Act is a stringent law regarding product liability. When a party is held strictly liable, they are legally responsible for your injuries regardless of whether they were negligent. Manufacturers are accountable for their products. Therefore, the manufacturer is responsible for any damages caused by its product. 

Under strict liability, it is irrelevant whether the liable party was negligent, reckless, or intentionally dangerous. Call us immediately if you were injured by a product and you believe it had a design, manufacturing, or warning defect. You may be able to file a product liability lawsuit against the manufacturer, seller, or additional parties.

In Texas, manufacturers are held strictly liable, but you can still file a product liability claim on another basis. You may have evidence that another party was negligent, and that this negligence led to the production of a defective and dangerous product that caused your injuries.

In certain instances, you may assert that the other party breached an express or implied warranty regarding the product or committed fraud. If you have alleged a breach of warranty or fraud, you must demonstrate a connection between the defective product and your injuries.

Call Wadler Law immediately to discuss the potential legal basis for your product liability claim and to learn more about strict liability.

What Are the Different Types of Product Defects?

Numerous types of product defects exist across all categories. However, most defective products that cause harm fall into one of three categories:

Design Defects

A product has a design defect when its specifications do not produce a product that is as safe as possible. Because the intended design of the product is flawed, the final product sold to consumers carries an unnecessary risk of causing injury. When a product’s design is flawed, every manufactured and sold item carries the risk of injuring someone when used. 

For example, numerous power tools contain design flaws. Even though it is possible, a large saw may not be designed with any guards or implements to protect the user’s limbs.

Manufacturing Defects

A manufacturing defect can exist in one or more products if something goes wrong during the creation and assembly process. When a product has a manufacturing defect, it does not adhere in some way to the intended design. One or a small number of products may be affected by manufacturing flaws. 

However, in today’s world of mass production, large quantities of products frequently contain manufacturing defects. When a medical device or drug must be sterile is an example of a manufacturing product. However, contamination occurs as a result of a problem during the production, assembly, or packaging processes. 

This poses a significant risk to patients who are susceptible to infection due to the use of nonsterile products.

Warning Defects

Not every product can be completely safe. Numerous items we purchase and use daily carry inherent dangers. For instance, a lawnmower’s rotating blades are powerful enough to cause lacerations and amputations. Flat and curling irons generate sufficient heat to cause burns. 

Not all of these products have design flaws. They are frequently designed to be as safe as possible. Warnings and instructions are included with the products to mitigate the risks. The absence of appropriate warnings and instructions on a product is known as a failure to warn. A warning is also known as a marketing defect.

What Are the Most Common Types of Product Liability Lawsuits in Texas?

Wadler Law has assisted individuals who have been injured or lost a loved one as a result of all types of defective products. Among the most prevalent types of product liability lawsuits are the following:

  • Medical DevicesNumerous types of medical devices and instruments have been discovered to be harmful to patients. IVC blood clot filters, Stryker hip implants, hernia mesh, and knee replacements are a few examples.
  • Auto PartsUnsafe auto parts can cause catastrophic collisions and take the lives of innocent people. We’ve dealt with cases involving defective ignition switches and explosive airbags, among others.
  • Pharmaceuticals and Prescription DrugsPrescription and over-the-counter drugs are frequently found to be harmful or even carcinogenic. You may have a product liability claim if you or a loved one developed cancer, suffered a serious illness, or died due to a dangerous medication.
  • Consumer ProductsFurniture, cosmetics, and personal care products have all been recalled due to the risk they pose to consumers.
  • Heavy Machinery and EquipmentIn industrial and construction settings, malfunctioning heavy machinery and equipment can lead to workplace injuries and fatalities. We have represented injured workers and their families in litigation against machinery and equipment manufacturers.

What Are the Most Common Defective Product Injuries?

Injuries resulting from consumer product accidents are frequently quite diverse, as the severity and type of injury depend on the malfunctioning product. Here are some of the most common injuries associated with accidents involving consumer products:

  • Injury From Defective Vehicle PartsWhen critical components of a vehicle fail, serious or fatal injuries frequently result. When you get behind the wheel of a car, you place a great deal of faith in the vehicle’s manufacturers that it will function properly. When a component of your vehicle malfunctions, it can be terrifying and even life-threatening. Therefore, it is crucial to hold large automakers accountable for the suffering and damage they have caused.
  • Home Appliance BurnsHome appliances are among the most likely products to malfunction. Whether it’s a toaster or a water heater, defective home appliances can frequently cause severe third-degree burns. Our competent Houston TX product liability lawyer can assist you in distinguishing between consumer and third-party liability.
  • Injuries Caused by Defective Power ToolsSometimes the tools we rely on to repair and improve our homes can cause serious bodily harm. Frequently, this is not the consumer’s fault, but rather the result of a product accident.
  • SicknessA further “injury” caused by malfunctioning consumer products is consumer sickness. Toys for children are a common example of this, as they may contain toxic levels of lead or phosphorus that can cause illness. Under product liability law, the manufacturer is primarily responsible for their negligence and defective product.
  • Death. In some cases, defective products can go as far taking a user’s life. Call a reliable Houston TX product liability lawyer to ensure no other person will be harmed by the product and to seek compensation for your loved one.

What to Do Following a Defective Product Injury Accident?

  • Seek appropriate medical attention and have your injuries treated immediately. What you should do if you believe you have been injured by a defective product depends on the type of product that caused your injury and the nature of your injury.
  • Report the incident as necessary. If the incident causes a car accident, report it to the police. If the injury occurred on the job, file a report with worker’s compensation or any other accident or liability insurance your employer may have.
  • Take photographs of the vehicle or machine as well as the defect. Document the flaw so that if the product disappears, you will still have evidence. Fourth, collect the materials required to identify and investigate the product defect. Examples include:
    • Serial numbers
    • Make and model numbers
    • Date of production
    • Date of acquisition
    • Any documentation that was included when you bought it
    • VIN and license plate numbers for vehicles
    • All receipts, invoices, or other purchase documentation
    • Location of purchase

If you want to do your homework, you can check the Consumer Product Safety Commission’s website for recalls online, or you can call a personal injury attorney and have them investigate this for you. Call our knowledgeable Houston TX product liability lawyer to discuss your case once you’ve gathered all available evidence.

Finally, report the product’s flaws. The Consumer Product Safety Commission investigates and documents product complaints. The more complaints they receive about a defective product, the quicker they will investigate it and determine whether a recall is necessary.

Drug and Medical Device Defects

If you are injured by a defective drug or medical device, you should conduct preliminary research to determine whether a lawsuit has already been filed against the manufacturer. How to proceed will largely depend on the drug or device in question. However, the following information will be helpful:

  • Name of the drug or medical device
  • And the item numbers you possess
  • Who administered or implanted it
  • Any warnings or other documents that accompanied it
  • Date of the first administration of the drug or device
  • If a drug, the duration of use
  • The date and location of device removal, if any

Defective Vehicles, Machinery, Non-Food Consumer Goods, and Equipment

While defective vehicles, consumer goods (non-food), and tools are self-explanatory, “gas-powered machines” refers to self-propelled equipment such as forklifts, aerial lifts, and the like. There is a rule of thumb to keep in mind whenever dealing with vehicle defects or drivable machine defects. x

It is extremely difficult to establish product liability without a product. If it is your vehicle or machine, do not allow it to be declared a total loss and discarded. The preservation of the vehicle or machine is crucial. Employ a product liability lawyer in Houston, Texas, and obtain a restraining order if someone else owns it.

Defective Foods and Consumables

Everyone has heard of food poisoning. However, what does this imply? But were you aware that it is contagious? When contaminants enter food, either during the preparation process in a restaurant or during the packaging process for packaged and sold products, a variety of illnesses can result. 

Salmonella is one of the most common sources of food contamination. The Centers for Disease Control estimates that Salmonella causes 1.2 million illnesses and 23,000 hospitalizations and 450 deaths annually in the United States. Salmonella is contagious and can be spread by infected individuals. 

If you suspect salmonella poisoning, the first thing you should do is report it to the Centers for Disease Control so that, if necessary, a severe outbreak can be averted. You are required by law to report this. If you have the product or a portion of the product and can seal it in a container that can be sealed, this is an effective way to preserve it. 

Do not continue to consume or even handle it excessively. Allow the CDC to conduct testing if they so choose. Call our Houston TX product liability lawyer to discuss your options if you have sustained an injury that required:

  • Hospitalization
  • Substantial medical care
  • Prolonged duration of illness

Salmonella contamination cases can be difficult to prove if they are not reported to the CDC or if the CDC chooses not to investigate. Their investigations may help you prove your case. You should also keep any receipts or other documentation indicating where and when you purchased the product.

Who Can Be Held Legally Liable for Your Defective Product Injury?

Depending on the circumstances, a consumer who has been injured may seek compensation from one or more liable parties, such as manufacturers, wholesalers, or retailers. Any party involved in the distribution chain of a defective product may be held liable in a product liability lawsuit. 

When assembling a claim for a defective product, it is essential to include all parties involved in the distribution chain.

  • The ManufacturerThis can be a large multinational corporation, an individual working out of a garage, or any party involved in the product’s design or marketing. Claimants can include both the manufacturer of the defective part and the manufacturer of the entire product, depending on the size of the product.
  • The RetailerWhen a retailer advertises a product for sale, it implies that the item is safe and appropriate for use. If a consumer purchases a defective product, the seller can be held liable for damages, even if they were not involved in the product’s production. When suing a retailer:
    • You need not have purchased the defective product
    • You are not required to be the person who used the defective product
    • You may be eligible for compensation for used goods (depending on the product, nature of the defect, and state law)
  • The WholesalerWholesalers are considered “middlemen” between manufacturers and retailers.

Any or all of the aforementioned parties could be held liable for injuries caused by a defective product.

What Are the Legal Basis for Liability in Defective Product Cases?

In a product liability case, a plaintiff may base his or her argument for recovery on one or more of several theories. The primary theories of recovery are negligence, tortious misrepresentation, warranty breach, and strict liability in tort.

Negligence

The tort of negligence remains central to product liability law. To recover under a theory of negligence, a plaintiff must establish the following five elements:

  • The manufacturer owed the plaintiff a duty
  • The manufacturer’s breach of duty owed to the plaintiff
  • The plaintiff’s injury was directly caused by the defendant’s breach of duty
  • The breach of duty was the direct cause of the injury
  • The plaintiff suffered actual damages due to the defendant’s negligence

In a case involving product liability, the law requires a manufacturer to exercise a level of care that is reasonable for those who are experts in producing similar products. However, even if a plaintiff can demonstrate that a manufacturer failed to exercise reasonable care, he or she cannot recover without establishing two aspects of causation.

The plaintiff must first demonstrate that he or she would not have been injured absent the manufacturer’s negligence. The plaintiff must also demonstrate that the defendant could have anticipated the risks and uses of the product before its manufacture.

Tortious Misrepresentation

A claim in a product liability lawsuit may be based on false or misleading information provided by a product’s manufacturer. A person who relies on the seller’s representations and is harmed as a result may recover damages for the misrepresentation. 

This basis for recovery is not contingent on a product defect, but rather on false communication. Tortious misrepresentation can take one of three fundamental forms.

  • First, a person may commit fraudulent misrepresentation, or deceit, if he or she knowingly makes a false statement with the intent to mislead the plaintiff.
  • Second, a person may be guilty of negligent misrepresentation if they fail to verify the veracity of a statement.
  • Thirdly, some jurisdictions permit strict liability when a manufacturer makes a public statement about a product’s safety.

Warranty Breach

A warranty is a type of assurance that a seller provides regarding a product’s quality. A warranty may be expressed, meaning that the seller makes specific claims about the product’s quality. If the quality of the product falls short of the representation, the seller may be held liable for breach of express warranty. 

Due to the nature of the transaction, there may be additional implied warranties. In the United States, warranties are governed by the Uniform Commercial Code (UCC), which has been adopted in part by every state. The UCC recognizes both express and implied warranties:

  • the implied warranty of merchantability
  • the implied warranty of fitness for a particular purpose

An implied warranty of merchantability is a guarantee that a product sold is in good working condition and will perform as intended. The implied warranty of fitness for a particular purpose is a guarantee that the seller’s instructions for using a product are accurate.

Strict Liability

You can pursue compensation for injuries caused by a dangerous product in two ways. The first step is proving a company’s negligence. This can be very challenging. Therefore, Texas also permits injured consumers to file strict liability-based product liability claims. Legally imposed financial responsibility for an injury is referred to as strict liability. 

Regardless of the degree of care used to create a product, a company can be held liable for any harm or devastation caused by its products. Effectively, strict liability is a way to encourage companies to market the safest products possible. 

According to state law, they can be held accountable if they do not go to great lengths to ensure that their products are safe for consumers.

What Are the Four Elements of a Successful Product Liability Claim?

Plaintiffs in a product liability lawsuit must establish the following elements of a negligence claim:

  • The Plaintiff Suffered Injuries or Losses. The plaintiff must demonstrate an actual injury or monetary loss caused by the defective product. Without actual harm or loss, no claim exists.
  • The Product is Defective. The plaintiff must demonstrate that the product had a design defect, a manufacturing defect, or that the manufacturer failed to warn of the product’s dangers.
  • The Defect Was the Direct and Actual Cause of the Injury. The injury must have been brought about by the defect itself. Additionally, the defective product must be the direct cause of the injury. Thus, the defendant is not liable when an intervening act supplants the defective product as the direct cause of the injury.
  • The Product Was Being Used as Intended. The product must have been used as the manufacturer intended or as the manufacturer anticipated a reasonable person would use it.

Injuries caused by defective products can cause significant physical, emotional, and monetary strain. If you or a loved one has been injured by a defective product, our personal injury attorneys may be able to assist you.

Our qualified Houston TX product liability lawyer handles numerous personal injury cases in numerous fields. Please visit our website for more information regarding the specifics of your potential claim.

What Compensation is Available in Texas Product Liability Claims?

Individuals who have sustained injuries as a result of an unreasonable defect in a product can typically pursue both economic and non-economic damages from the manufacturer or other liable parties. Our product liability lawyer in Houston, Texas will fight for your compensation for:

  • Medical expenses (present and future)
  • Lost income
  • Recuperation and treatment
  • Pain and suffering
  • Mental anguish
  • PTSD
  • Disfigurement and scarring
  • Loss of life’s pleasure
  • Wrongful death

We will not simply fight to ensure that your monetary award covers all of your damages. We will also work diligently to ensure that these damages are assessed accurately. This is how we can assist you in obtaining all the money you deserve.

What is the Texas Statute of Limitations for Product Liability Claims?

If you are injured by a defective product in Houston, you may be eligible for compensation. However, you have a limited amount of time to file a lawsuit or personal injury claim. In Texas, the majority of product liability lawsuits must be filed within two years of the date the injury was discovered, or within fifteen years of the date of purchase.

Therefore, there is no time to lose. Contact Wadler Law to determine how our Houston TX product liability lawyer can assist you in recovering compensation for your injuries. We provide free consultations, so call us today to schedule yours.

Call Our Law Office Today for Your Product Liability Claim

Product liability cases can be extremely intricate. Therefore, you must have a product liability lawyer in Houston, Texas who has the necessary experience and resources to advocate for you and advance your very real interests aggressively. Our personal injury attorney at Wadler Law is your best ally in achieving this essential objective. Contact us now.

Our skilled Houston TX product liability lawyer at Wadler Law approaches every case with a sense of integrity that is frequently lacking in the modern justice system. Let us serve you today.

How Can Our Experienced Houston TX Product Liability Lawyer Help?

Unfortunately, not every product we purchase and use is safe. No matter how carefully a product is used, some may contain defects that pose a risk to the consumer. When someone is injured as a result of one of these flaws, the manufacturer must accept responsibility.

When you seek compensation for your injuries, you will likely encounter significant opposition. The company liable for the product will not acknowledge the possibility of a problem or accept responsibility for the harm you’ve sustained. Instead, they will point the finger and attempt to make obtaining funds as difficult as possible. 

A personal injury attorney with experience handling product liability claims can be of great assistance in this situation. Our Houston TX product liability lawyer at Wadler Law has years of experience representing injured Texas consumers. We utilize our considerable resources to level the playing field when competing against large corporations and businesses.

They will undoubtedly spend a great deal of money to defeat your case, so we will do the same to secure the compensation you deserve. When you put your personal injury case in our hands, we will:

  • Coordinate an investigation into your accident, determine the nature of the defect, and initiate the collection of evidence to support your claim.
  • Manage all communications and negotiations with the manufacturer or their insurer.
  • Employ whatever means necessary to develop a strong and persuasive demand for compensation on your behalf.
  • If necessary, litigate your defective product case before a Houston jury.

We are aware that things are currently difficult. A sudden injury can alter the course of one’s life. Let our product liability lawyer in Houston, Texas assist you. Call our Houston personal injury law firm today to schedule a free evaluation of your case and to learn more.

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