Product Liability Lawyer in Beaumont, TX

Product Liability

At Dunk Law Firm, our product liability attorneys are well-versed 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 liable for releasing a product that they knew or should have known presented a threat to users.

The jurisdiction in which the product liability claim is filed will establish the liability of those involved in the chain of commerce as the defective product passes from the manufacturer to the consumer. A person or company can be held liable for a number of products ranging from defective medical equipment to foods that cause food poisoning.

If you or someone you know has been injured by a defective product, you might be entitled to compensation. The attorneys at our law practice have a successful history of litigating product liability claims and recovering compensation for their clients. To see if our lawyers can help you, please complete 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 primary 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 meant to be part of the product. This kind of defect will generally just be found in a small portion of a company's manufactured products. Based on the theory of strict liability, a manufacturer is liable for any manufacturing defects that happen as a result of faulty construction, regardless of whether they took care throughout the manufacturing process. The plaintiff has to show that the defect allegedly behind their injury existed at the time of departure from the factory where the products were made.

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 users. This type 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 dangerous before manufacturing?
• Was it plausible to anticipate the design of the product could injure a potential user?
• Could the manufacturer have used a superior design that was economically feasible and also would not change the purpose of the product?

If any of these questions are answered affirmatively, the injured party may have grounds for a design defect claim and should speak to one of our lawyers as soon as possible.

Failure to Warn

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

Who Can Be Held Responsible for a Defective Product Injury?

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

• Manufacturer: This can consist of a large multi-national company, a person working out of his or her garage, or any parties involved in the design or marketing of the product. Depending on the size of the product, plaintiffs can include the manufacturer of the faulty component, along with the manufacturer of the whole product.
• Retailer: When a retailer advertises an item for sale, it is impliedly guaranteeing the product is safe and appropriate for use. If a consumer purchases a faulty product, the seller of that item, even though they were not involved in its manufacture, can be held responsible 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 a Lawyer Help Me Recover in a Product Liability Lawsuit?

Damages for injuries caused by defective goods are generally compensatory, special, or punitive. When a product liability lawsuit is successful, the plaintiff may 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 categories: actual and general.
• Special Damages: These damages reimburse the plaintiff for any type of calculable out-of-pocket expenses or monetary losses, consisting of the following: medical and hospital expenses, lost wages, cost of substitute transportation and the cost to fix or replace damaged property.
• General Damages: These damages attempt to compensate the plaintiff for losses that can not be easily determined, monetarily. These usually include the following: pain and suffering, mental distress, medical costs, value of future lost income, loss of consortium and loss of life's enjoyment.

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

Elements of a Successful Product Liability Case

In a product liability claim, plaintiffs are required to show the following components in a negligence claim:

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

Injuries resulting from faulty products can result in substantial physical, psychological, and financial stress. If you or someone you know has been injured by a faulty or defective product, the lawyers at our firm might 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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