Common Types of Product Liability Cases We Handle
At Turnbull Legal Group, we handle a wide variety of product liability claims, ranging from everyday consumer products to complex medical devices. Here are some common examples:
- Defective Auto Parts
Faulty brakes, tires, airbags, or other vehicle components. - Medical Device Malfunctions
Defective pacemakers, implants, surgical tools, or other medical devices. - Consumer Products
Dangerous toys, tools, furniture, appliances, or other everyday consumer goods. - Pharmaceuticals
Side effects from prescription drugs, including serious conditions like birth defects. - Construction Equipment
Malfunctioning construction machinery, ladders, scaffolding, or tools. - Sporting Goods
Defective sporting equipment like bats, helmets, or bicycles. - Household Products
Malfunctioning kitchen appliances, cleaning supplies, or other items commonly found in the home. - Food and Beverage Products
Contaminated food or beverage products, defective packaging, or misleading product labeling. - Firearms
Manufacturing defects in firearms, unsafe gun design, or improper ammunition.
Parties involved in designing and creating products have a duty to make sure their customers are not harmed as a result of using their products as directed. Holding negligent parties accountable for their mistakes not only provides victims with compensation for their losses but also discourages companies from engaging in negligent practices in the future.
Your Path to Justice: How Our Houston Product Liability Team Works
At Turnbull Legal Group, we understand the complexities of product liability cases and are committed to guiding you through the process with personalized attention and unwavering support. Here's how we approach your product liability case:
Initial Consultation
We start with a free, confidential consultation to understand your situation and answer your questions. This is an opportunity for us to learn about you and for you to decide whether our firm would be a good fit for your case.
Investigation
We will meticulously gather evidence to support your claim, including product documentation, accident reports, medical records, witness statements, and other relevant information. We'll work closely with experts in product design, engineering, and manufacturing as needed to uncover all possible evidence.
Negotiations
We will attempt to negotiate a fair settlement with the responsible party or their insurance company on your behalf. We leverage our knowledge of product liability laws and strong negotiation skills to secure the best possible outcome for you.
Litigation
If a settlement can't be reached, our team is prepared to take your case to court and fight for your rights. We are confident in our ability to present a strong and compelling case to a jury.
Trial
We will be prepared to advocate for your rights and present a compelling case to a jury if your case needs to proceed to trial.
Understanding Defective Products: What You Need to Know
There are several types of product defects that can lead to injuries and potential product liability claims. These include:
- Design Defects
Some products have design flaws that make them inherently unsafe, even when manufactured correctly. - Manufacturing Defects
Errors can occur during the production process, creating products that are different from their intended design in a way that is unsafe. - Marketing Defects (Failure to Warn)
If a product lacks adequate warnings or instructions about potential dangers or risks, it can put consumers at risk.
Depending on which type of defect was to blame in your case, various parties may be involved. Your legal team will work diligently to uncover the cause of your injury and hold the responsible parties accountable.
What Does It Take to Win a Product Liability Case?
To successfully prove a product liability case, we must demonstrate the following elements:
Defective Product
First, we must establish that the product you were injured by was defective in its design, manufacture, or marketing. We must present evidence that the product deviated from acceptable safety standards, resulting in its dangerous nature.
Causation
We must demonstrate a clear connection between the defective product and your injuries. In other words, we must prove that the product's defect was a direct cause of your harm.
Damages
Finally, we must quantify your damages. This involves calculating your medical expenses, lost wages, pain and suffering, and any other financial losses caused by the product defect.
How Does Shared Responsibility Affect My Case?
Texas law applies a concept called comparative negligence to product liability cases. This means that if you are found to have been partially at fault for your injuries, the amount of compensation you receive may be reduced.
For example, if you were injured while using a defective ladder, but you were not wearing proper safety equipment, you could be found partially responsible for your injuries. The jury might then reduce the amount of compensation you receive based on the percentage of your own fault.
However, it’s important to note that in Texas, comparative negligence is modified to prevent people who are mostly at fault from collecting compensation. You can still recover damages as long as you are not more than 50% responsible for your injuries.
Theories of Liability in Product Liability Cases
In Texas product liability cases, different legal theories of liability can be applied, depending on the nature of the defective product and the circumstances surrounding the injury. The most common theories include:
Strict Liability
This theory holds that manufacturers and sellers of products are automatically liable for injuries caused by defects in their products, regardless of whether they knew about the defect or were negligent.
Negligence
This theory holds that manufacturers and sellers can be held liable if they failed to exercise reasonable care in the design, manufacture, or marketing of their products. This can include failing to properly inspect, test, or warn consumers about potential hazards.
Breach of Warranty
This theory applies when a manufacturer or seller makes express or implied warranties about the safety and performance of their products. If the product fails to live up to these warranties, the manufacturer or seller can be held liable.
Product Liability and Wrongful Death in Texas
When a defective product leads to a fatal injury, the family of the deceased may be able to pursue a wrongful death claim against the manufacturer or seller of the product. In these cases, the family can seek compensation for the loss of financial support, companionship, medical expenses, funeral costs, and other damages resulting from the death.
The legal principles and standards of proof in wrongful death claims involving defective products are often similar to those applied in personal injury cases.
Assess the Full Value of Your Claim: Product Liability Damages
If a defective product causes you harm, you may be entitled to compensation for various types of damages, including:
- Medical Expenses
These cover all your current and future medical costs related to your injuries, including doctor visits, hospital stays, surgeries, and other treatments. - Lost Wages
This is compensation for earnings you lost due to the injury, including past and future wages, as well as lost future earning potential. - Pain and Suffering
This accounts for physical and emotional pain, mental anguish, distress, and discomfort you experience due to your injuries. - Loss of Enjoyment of Life
You could get compensation for the decreased ability to participate in activities and hobbies that you enjoyed before the injury. - Property Damage
If the defective product caused damage to property, like your vehicle, you might be able to claim for those costs as well.
By investigating the circumstances of your injury and compiling records of all of your losses, your lawyer can accurately value your claim and seek the full range of compensation you’re owed.
What Should You Do If You Think You Have a Product Liability Case?
If you've been injured by a defective product, it is crucial to take immediate steps to protect your rights and secure your potential compensation. Here's what you should do:
Seek Medical Attention
Your health is the top priority. Seek prompt medical care to address your injuries and receive proper treatment.
Document the Incident
Gather evidence and information related to the product defect and your injury. Take pictures of the damaged product, any injuries you sustained, and the location where the incident occurred. Collect receipts and other documentation related to your medical expenses, lost wages, and any property damage.
Contact a Houston Product Liability Lawyer
It is essential to speak with an experienced attorney as soon as possible to discuss your legal options. We will thoroughly review your case, gather evidence, and explain your rights and potential courses of action. We are committed to working with you to build a strong case and fight for the maximum compensation you deserve.
You Don't Pay Unless We Win
We understand the financial burden of a product liability case and believe that everyone deserves access to quality legal representation. We offer contingency fee arrangements, so you only pay our legal fees if we successfully recover compensation for you.
