Product Liability in Houston, TX

Product Liability

If you or someone you know has been injured by a defective product, you might be entitled to compensation. The lawyers at our law firm have a successful background 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 an individual is injured by a faulty product, they may have grounds to file a lawsuit 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 due to a mistake in assembly and are not meant to be part of the product. This type of defect will generally just be found in a small portion of a company's manufactured goods. Based on the theory of strict liability, a manufacturer is responsible for any manufacturing defects that occur 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 responsible for their injury existed at the time of departure from the manufacturing facility where the goods were made.

Design defect

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

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

1. Was the product's design unreasonably hazardous prior to manufacturing?
2. Was it plausible to anticipate the design of the product could harm a potential user?
3. Could the manufacturer have used a superior design that was economically feasible and would not alter the function of the product?

If any of these questions are answered affirmatively, the victim might have grounds for a design defect claim and should speak to one of our lawyers immediately.

Failure to Warn

A products liability lawsuit can also be brought for a manufacturer's failure to warn of potential hazards. Any party in the chain of distribution can be responsible 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 Accountable for a Defective Product Injury?

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

• Manufacturer: This can consist of a big 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 part, as well as the manufacturer of the entire product.
• Retailer: When a retailer markets a product for sale, it is impliedly guaranteeing the product is safe and suitable for use. If a consumer buys a faulty product, the seller of that product, although they were not involved in its manufacture, can be held accountable 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 typically compensatory, special, or punitive. When a product liability claim succeeds, 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 divided 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, including 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 attempt to compensate the plaintiff for losses that can not be easily determined, monetarily. These usually consist of the following: pain and suffering, mental suffering, medical expenses, value of future lost wages, loss of consortium and loss of life's pleasure.

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

Injuries resulting from defective products can result in considerable physical, psychological, and financial strain. If you or a person you know has been injured by a faulty or defective product, the lawyers at our office might be able to help. To get in touch with one of our product liability attorneys, please complete our no charge, no obligation case review form today.

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