Product Liability Attorney in Galveston, TX

Galveston Product Liability Attorney

At Dunk Law Firm, our product liability lawyers are skilled in the laws that protect consumers against the harm presented by defective products. When a consumer sustains an injury as a result of a faulty product, a number of parties can be held accountable for releasing a product that they knew or should have known presented a threat to users.

The jurisdiction wherein the product liability case is filed will establish the liability of those associated with the chain of commerce as the faulty product passes from the manufacturer to the consumer. A person or company can be held responsible for a number of products ranging from faulty medical devices to foods that cause food poisoning.

If you or somebody you know has been injured by a defective product, you may be entitled to compensation. The lawyers at our law firm have a successful history of litigating product liability claims and recouping compensation for their clients. To see if our lawyers can help you, please fill out our no charge, no obligation case review form today.

Manufacturing, Design, and Marketing Defects

If somebody is injured by a defective product, they might have grounds to file a claim against the manufacturer, wholesaler, or distributor, depending on the type of defect The two main types of product defects under federal law are design defects and manufacturing defects.

Manufacturing defect

These are caused by an error in assembly and are not intended to be part of the product. This kind of defect will typically just be found in a small portion of a company's manufactured products. Based on the theory of strict liability, a manufacturer is responsible for any manufacturing defects that happen because of faulty construction, regardless of whether they took care throughout the manufacturing process. The plaintiff has to prove that the defect apparently behind their injury was present at the time of departure from the manufacturing facility where the goods were produced.

Design defect

A design defect is a defect in the original blueprint of a product that causes it to be unreasonably hazardous and creates a hazard for potential consumers. This kind of defect will usually be found in all of a company's manufactured products.

Three questions are asked to identify whether a design defect exists:

• Was the product's design unreasonably hazardous before manufacturing?
• Was it plausible to expect the design of the product could harm a potential user?
• Could the manufacturer have used a better design that was economically feasible and would not alter the purpose of the product?

If any of these questions are answered affirmatively, the victim may have grounds for a design defect case and should contact one of our attorneys as soon as possible.

Failure to Warn

A products liability claim can also be brought for a manufacturer's failure to warn of possible hazards. Any party in the chain of distribution can be liable if warnings or directions could have prevented injury from foreseeable risks or if the warnings themselves, when followed correctly, led to the injury.

Who Can Be Held Accountable for a Defective Product Injury?

Depending on the specifics of the case, an injured consumer can pursue compensation from one or more responsible parties, including manufacturers, wholesalers, and/or retail outlets. Determining the defendant in a product liability case is not a matter of picking one responsible party over another; any party involved in a defective product's chain of distribution might be held accountable through a product liability lawsuit. When starting to assemble a claim for a defective product, it is necessary to include any party associated with the chain of distribution.

• Manufacturer: This can include a large multi-national company, an individual working out of his or her garage, or any parties associated with the design or marketing of the product. Depending on the size of the product, plaintiffs can include the manufacturer of the defective component, along with the manufacturer of the entire product.
• Retailer: When a retailer advertises an item for sale, it is impliedly guaranteeing the product is safe and suitable for use. If a consumer buys a defective product, the seller of that product, even though they were not associated with its manufacture, can be held liable for damages.
• Wholesaler: The wholesaler is considered the "middleman" between the manufacturer and the retailer.

Any or all of the above parties could be held accountable for damages resulting from an injury due to a defective product.

What Damages Can an Attorney Help Me Recover in a Product Liability Claim?

Damages for injuries caused by defective merchandise are typically compensatory, special, or punitive. When a product liability lawsuit succeeds, the plaintiff might be eligible for damages covering:

• Compensatory Damages: These damages are intended to make the plaintiff "whole" again after the accident or injury. They can be split into two different types: actual and general.
• Special Damages: These damages compensate the plaintiff for any type of calculable out-of-pocket costs or monetary losses, consisting of the following: medical and hospital bills, lost wages, cost of substitute transportation and the cost to repair or replace damaged property.
• General Damages: These damages try to compensate the plaintiff for losses that can not be easily determined, monetarily. These typically include the following: pain and suffering, mental suffering, medical expenses, value of future lost wages, loss of consortium and loss of life's pleasure.

Medical expenses can also spiral out of control, particularly when it comes to major accidents or malpractice, which might also be related to your product liability case.

Elements of a Successful Product Liability Claim

In a product liability lawsuit, plaintiffs are required to prove the following aspects in a negligence case:

• The plaintiff was hurt or suffered losses: The plaintiff needs to show actual injury or financial loss due to using the faulty product. Without actual injury or damage, there is no case.
• The product is faulty: The plaintiff has to show that the product either had a design defect or manufacturing defect, or that the company failed to warn of the risks of the product.
• The defect was the actual and proximate cause of the injury: The injury sustained must have been caused by the defect itself. The faulty product has to also be the proximate cause of the injury. Thus, the defendant will not be liable where an intervening act supersedes the defective product as the proximate cause of the injury.
• The product was being used as intended: The product has to have been used in a way the manufacturer meant to be used or in a way the manufacturer might expect a reasonable person to use it.

Injuries resulting from faulty products can cause considerable physical, emotional, and financial strain. If you or somebody you know has been hurt by a faulty or defective product, the attorneys at our firm may be able to help. To get in touch with one of our product liability attorneys, please submit our no cost, no obligation case review form today.

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