Dallas Products Liability Lawyer
Our Attorneys Can Help You Obtain Compensation Following an Injury Caused by a Defective Product
For the past 20 years our attorneys have represented citizens of Dallas who have been injured by defective or dangerous products. The following information will help you better understand your rights if you have been harmed by a faulty product, and we'll also explain how our Dallas products liability lawyers can assist you win your case.
Generally, the manufacturer owes you a duty to keep you free from harm caused by their product, and the court will hold them responsible for any injuries you suffered, as long as you can prove that the product was defective, and that the defect was the proximate cause of the physical harm you sustained.
Why Sue the Manufacturer of a Defective Product?
If you have sustained harm due to a defective product it likely has made a profound impact on your life. Whether the injury was the result of a failed airbag system in your car, or a drug with dangerous side effects which you were not warned of, said may have both diminished the quality of your life and caused you considerable financial losses as you've missed work or have had to pay medial bills By suing the manufacturer of the defective product you will potentially gain the compensation that a reasonable person would consider fair given your losses.
More specifically, the reasons that you would pursue the manufacturer under a product liability claim is twofold.
The first reason for suing a manufacturer is so that you may get enough compensation to make up for the expenses of your injury. Injuries resulting from defective products can be very severe and often require numerous doctor visits and potentially months of ongoing treatment.
Furthermore, some of our clients are injured so severely that they require special medial devices such as prosthetic limbs, and others are simply traumatized for life and will need ongoing medical attention to deal with the harm they've endured. These costs can be easily overwhelming to all but the wealthiest members of our society and suing the manufacturer is a means to help alleviate this burden.
The second reason is so that the manufacturer is forced to revise their practices so that other people are not harmed. You have suffered a terrible accident due to the negligence of this company. You obviously do not want other innocent people to suffer through the same injury as you. By holding the company accountable for their actions, you could potentially help save other people from also being harmed by their products.
What Does Texas Law Say About Defective Products?
Years ago Texas law was best summarized as "buyer beware." Irrespective of the harm that Texas consumers and citizens of Dallas sustained, the laws simply did not foster a sense of responsibility in the manufacturers of goods. But more recently our laws were expanded to hold the manufacturers of goods liable in the event that their products caused harm.
The laws that a products liability cases are based on come from both the Texas Civil Practices and Remedies Code (our state's collection of injury laws) and from the Texas Deceptive Trade Practices Act (a subsection of our state's Business and Commerce Code).
Furthermore, these cases may potentially be brought in a variety of courts, all with their own procedures and rules, and the rights of any individual claimant are dependent on factors such as the claimant's age, how long ago the injury was sustained, the claimant's relationship to the injured party, and whether or not the case is brought on an individual basis (as you'd find in a rollover accident case) or in conjunction with other injured claimants (as you'd find in a mass tort drug injury case). As you can see, these cases are anything but simple, and they require experienced legal counsel.
What Kinds of Defective Products Can Result in a Lawsuit?
You can file a product liability lawsuit for basically any type of product whose poor design or other flaw caused your injuries, but typical defective products include: electronics, automobiles and automotive parts, drugs, medical devices, and household or consumer goods. These are generally the most common products in which people frequently sue for damages, but naturally there are other types of products that precipitate lawsuits as well.
For instance, our Dallas products liability lawyers have won cases related to defective boats and even a defective automated bird feeder that caught our client on fire. Simply put, we live in a world where some businesses unfortunately cut corners and put us all at risk in doing so.
Theories of Liability
Simply put, you can hold the manufacturer liable when they fail to:
- Adequately warn you that a product is dangerous.
- When the product is inherently dangerous.
- When a product fails to work as it is supposed to and this failure causes harm.
Many drug product liability lawsuits fall under the first category. The drug is dangerous, but the manufacturer failed to adequately inform you about the known risks associated with taking the medication. Other times a product will function as desired, but it is simply too dangerous to even be used and therefore the company was negligent in even producing the product. For instance, imagine that rat poison is sold in novelty candy wrappers as a marketing gimmick, and the poison is consumed by a child. That would be an example of a product that works properly (it kills rats just fine) but it is inherently dangerous because of the collateral damage it can cause.
And finally, any time a product simply fails to function as performed and cause injury the manufacturer may be liable for the resulting harm. This might include car roofs collapsing in a rollover accident or a defibrillator malfunctioning and shocking the user.
What to Expect in a Product Liability Case?
You can expect to receive fair and adequate compensation, proportionate to the harm you have sustained. However and frankly, product liability cases are highly contested. Seldom does a manufacturer sell a limited number of anything these days. In the America market that is made up of some 320 million consumers, most things are produced in large quantity. As a consequence if you win your case and a jury awards you millions of dollars, the manufacturer can expect a long line of other claimants since their product, sold in large quantity, probably injured someone else as well. As a result the defendants will spend a lot of time and money to downplay their liability.
Additionally, product liability cases generally require a high degree of expertise with regard to presentation of evidence. The reason for this is because today's products are made of very advanced materials and are built by ever advancing methods. As you can imagine, if 100 years ago your wagon wheel broke because it was defective, this would have been fairly easy to explain this to a jury. However, in today's world, if your high powered lithium battery was defective, illustrating this malfunction to a jury is more challenging.
These factors are precisely why you'll need help from an experienced Dallas products liability attorney.
Our attorneys at Grossman Law Offices are very qualified and simply want to help you receive the compensation which the law empowers you to recover, if you utilize the law correctly. To learn more about products liability and how Grossman Law Offices can help you, contact our attorneys 24/7 at 1-855-326-0000.