People rely on the products that they buy to be dependable and to work correctly. However, that is not always the case, as products frequently turn out to be defective. If a defective product causes injuries and damages, the product manufacturer or seller could be liable.
If you believe that you have been injured as a result of a product defect, the Austin products liability attorneys at George Salinas Injury Lawyers may be able to help. Our Austin product liability lawyers can investigate your claim, retain the proper experts, and pursue a settlement offer on your behalf.
If the insurance company refuses to make a reasonable settlement offer on your case, our experienced lawyers can file a lawsuit and litigate your case through the court system. Contact us today or call (210)-225-0909.
Why Some Products are Defective
American companies and companies all over the world are designing and shipping products faster than ever before. As with any business, the primary goal of these companies is to sell their products to consumers and to make money. Even though there are state and federal regulatory agencies in place to help prevent product defects, these defects can still happen when products are thrown together and are not carefully constructed or assembled.
If you or a loved one purchased a product that turned out to be defective, our products liability legal team in Austin may be able to take legal action on your behalf.
What Happens when Consumer Products are Defective?
When a consumer product turns out to be defective, a whole host of problems can arise. First, the product could explode and cause a burn injury. At other times, the product could break or shatter, resulting in severe cuts to the user. When child products are defective or lack sufficient warnings, they could cause a child to fall (e.g., from play equipment) or choke (as with small games or toys). Some of the most common injuries sustained as a result of defective products include:
- Burn or electrocution injuries
- Severe cuts
- Head injuries
- Eye injuries
- Choking injuries
- Fall injuries
If you suffered serious injuries or damages due to a defective product, you may be eligible to file a claim or lawsuit against the responsible persons or entities under Texas law.
Who is Responsible for a Defective Product?
As a general matter, anyone in the supply chain who is responsible for getting a defective product into your hands can be held liable if the product causes harm. This could include:
- Product designers or engineers
- Manufacturers of the product or its components
- Distributors or wholesalers of the product
- Product testing labs
- Retailers or dealers
The laws make all those who put dangerous products onto the market liable for the losses that customers experience. That’s because those who are in charge of making, producing, and distributing the products are in the best position to prevent harm — and to insure against losses that happen when unsafe products result in injuries.
In order to hold any of these parties responsible for harm, you will have to demonstrate that there are legal grounds for holding them liable. You do not have to show negligence, as product liability claims are strict liability claims. If you can prove the item was used as intended and a defect or unexpected risk caused harm, you can recover compensation.
You can also make a claim on other grounds as well including:
- Design defects
- Breach of express or implied warranty
- Failure to warn about the risks of the product
An Austin product liability lawyer can provide you with insight into the best legal strategy for your claim so you can maximize the chances of getting the money that you need and deserve after a damaging product affects your health and safety.
Types of Product Defects
Products can be defective in a number of ways. Three of the most common types of product defects include manufacturing defects, design defects, and failure to warn defects.
Manufacturing defects are defects that exist because of how a particular product is constructed or made. Although the product design may be satisfactory, the product may not have been constructed or assembled in the proper manner. In order to show that a product harbored a manufacturing defect, the injured consumer must be able to show that the product failed to conform to a safe design – and that nonetheless, the manufacturer placed the product into the stream of commerce. A new product that falls apart immediately after you remove it from the box could have a manufacturing defect.
Unlike manufacturing defects, a design defect refers to an error in the product’s inherent design. In order to show that a product harbored a design defect, the injured consumer must be able to show that a reasonable alternative design exists which allows the product to still be used in the manner for which it was intended.
More and more product design defects today occur in the medical context. For example, hip implants, transvaginal mesh, and warming blankets that malfunction are likely to be considered design defects. When serious injuries occur, the manufacturer, distributor, or designer could be deemed liable.
Finally, a warning defect exists if the product at issue has an inherent danger associated with it, and a warning about this danger is non-existent on the product. A warning defect could also exist if a warning is present but is not located in such a way that a reasonable consumer will be able to locate it, read it, or appreciate it.
In order for a warning defect to exist, the consumer must be using the product in the manner for which it was intended. Warning defects have come to be associated with some common medicines and medical devices that do not adequately warn patients of the inherent risks and side effects of use. Some common examples of those include:
- Birth control implants
- Xarelto
- IVC filters
The Austin personal injury attorneys at George Salinas Injury Lawyers can determine whether or not a product defect likely caused your injuries and if appropriate, can take the necessary and appropriate legal action.
Class Action Lawsuits
Some products liability cases turn into wide-scale class action lawsuits. This occurs when products, such as pharmaceuticals, are sold across the country and many consumers are impacted by a product defect. Class action lawsuits are a way of consolidating all of the injured parties and claims together in one lawsuit. If a product manufacturing, design, or warning defect caused injuries, the class action lawsuit may be settled and the proceeds divided up among all of the injured plaintiffs.
How Do You Recover Compensation for a Product Defect?
There are a number of different ways you could potentially recover compensation for a product defect and the right approach is going to depend on many factors including the number of people impacted, the severity of your injuries, and the level of involvement you want in the case.
Some of the different options for recovering compensation include:
- Filing a personal injury claim. You’ll need to manage your case with the help of your attorney. Your attorney can assist you in gathering proof, demonstrating the extent of your damages, and building a strong claim. Your lawyer will negotiate with potential defendants to try to reach a settlement, or will go to court on your behalf to fight for you.
- Joining a class action. A class action is formed when a large group of people have all suffered a similar wrong. They all become part of the class, which brings one large claim against the defendant who caused harm. Unless you are a named plaintiff, you have very little control over the case or its outcome. You don’t have to go to court and build a case, but the amount of compensation you get is out of your control.
- Becoming part of a multi-district litigation: MDLs are formed when many separate cases related to the same matter are consolidated before one judge. The judge can decide common issues affecting all the cases, such as what kinds of evidence are admissible. Often, there will be bellwether cases, or sample cases, that go to trial to see how the case plays out. These cases can influence the settlement. Again, you’ll lose a great deal of control over your case with this approach, but you also won’t have the responsibility of going to court or building a claim unless your case is one of the bellwethers
There are pros and cons to each of these different approaches, and the right one for you is going to depend on your goals, your willingness to participate in a trial, and the nature and extent of your losses.
At George Salinas Injury Lawyers, we are familiar with all of the different methods of resolving product liability claims and we can advise you as to which of these different legal processes is likely going to make sense in your situation.
We can represent you and advise you throughout the process of resolving your claim, to ensure that whatever steps you are taking are aimed at getting you the justice that you deserve. You don’t want to join a class action or become part of any mass tort litigation without talking to an Austin product liability attorney, so reach out before signing any paperwork or agreeing to anything that could impact your rights.
The reason these cases have so many different options is that so many people are often affected when a product is harmful. Of course, it makes life more complicated for victims, which is why having the right legal representation throughout the process is key.
How Does a Product Liability Attorney Help You?
A product liability attorney at George Salinas Injury Lawyers will offer invaluable assistance throughout the process of recovering compensation for damages caused by a defective product. An attorney can:
- Help you to identify all potential defendants who may be responsible for what happened to you.
- Assist you in documenting the extent of your injuries, including any pain you have endured.
- Work to build a strong case by showing that the product defect was the direct cause of your harm when used as intended, or by demonstrating in some other way that the defendants should be held liable for your losses
- Help you to demonstrate the extent of your damages, including pain and suffering, medical bills, lost income, and emotional distress
- Assist you in determining what legal process or procedures are best to maximize your chances of recovering compensation, including making an individual claim, becoming part of a class action, or becoming part of a multi-district litigation
- Advocating for you during settlement negotiations or when a case proceeds to trial, with the goal of ensuring that you are “made whole,” or compensated fully for both economic and non-financial losses that the defective product caused
These are just some of the many ways in which an Austin product liability attorney at George Salinas Injury Lawyers can help you. Our firm offers free consultations to explain to you what your rights are and how we can assist with your case, so you can give us a call at any time to learn what we can do to help.
Contact an Austin Product Liability Attorney Today
When consumers purchase a product, they are usually hoping that the product will make their life easier and more enjoyable. They are not asking to be injured. If you or a loved one feel that you have sustained your injuries as a result of a defective product, the skilled products liability attorneys at George Salinas Injury Lawyers may be able to help.
Our lawyers offer a free initial consultation to discuss your case. During that consultation, our lawyers can review what happened and how you sustained your injuries. If we agree to take on your product liability case, our lawyers will fight for your right to recover monetary compensation every step of the way.
To schedule a free consultation and case evaluation with an Austin product liability attorney, please call (210) 225-0909 today, or contact us online.