Companies are supposed to design and make products that are safe for the consumer to use. If a person gets hurt because of a dangerous or defective product that they were using as intended, the manufacturer or distributor can be held liable for the injuries and other losses.
A Texas Product Liability Lawyer from Domingo Garcia can help with your personal injury or wrongful death claim and lawsuit if you suffered severe injuries or your close relative died because of a defective or dangerous product.
Examples of Product Liability Claims
Product liability claims can involve any type of consumer item that has a flaw that causes a person using that product to get hurt or killed. Thousands of different consumer goods have been the subject of product liability claims. Here are a few examples:
- Airbags in some cars and trucks had a defect that caused them to explode rather than inflate properly. When the inflator mechanism exploded, it sent sharp pieces of metal and hard plastic flying through the air at a high rate of speed into the body of the driver or passenger.
- Sometimes, prescription drugs will get approved by the Food and Drug Administration (FDA), but when used by patients, the medications will have harmful side effects.
- Dangerous substances like asbestos can cause certain types of cancer after years of exposure, usually in the workplace.
- Using chemical compounds like some weed killers could cause devastating medical conditions, including cancer.
- Some medical devices, like replacement hip units that get surgically implanted inside patients, could fail, causing the individual to need additional surgery to remove the object.
- Some power tools lack appropriate safety devices like guards to prevent injury to the user.
- Construction equipment can lack important warnings or be manufactured improperly leading to catastrophic injury or death on the worksite.
If you have been injured by a device that is not on this list, please do not worry. It would be impossible to include every type of device that might be the subject of a product liability case. Feel free to reach out to us here to find out if you might have grounds for a product liability claim. There is NO CHARGE or fee unless we make a successful money recovery.
Legal Grounds for a Texas Product Liability Case
A product could be defective in one or more of several ways:
- Defective design means that the item could fail because of an inherent flaw, even when used correctly for its intended purpose.
- Defective manufacture means that the maker of the product did not use the proper components or manufacturing process when making the item. The design might have been perfect, but the execution was the problem.
- Defective labeling, warning, or marketing all happen after the product gets designed and manufactured. The product might require labels that warn about known dangers. The marketing might make false claims about the safety or effectiveness of the product. The packaging could need to include instructions on the proper assembly or use of the product.
Any one of these three types of defects could make a product dangerous when used by a consumer. These two factors are essential in product liability cases:
- The item was modified in such a way that caused the injury. This issue usually arises in automobile defect cases when the car or truck has after-market upgrades.
- The consumer used the product for its intended use. For example, a furniture manufacturer usually does not design desks and chairs to be stacked on top of each other to be climbed on and used as scaffolding to paint the walls in a room.
We understand that these multiple legal concepts can be confusing. We will be happy to answer your questions about your product liability case.
How Much Domingo Garcia Charges to Handle Product Liability Cases in Texas
Because product liability claims are a type of personal injury law, we use a contingency fee arrangement on these cases. With this kind of fee arrangement, you do not have to pay us any upfront legal fees. Instead, we wait until the end of the case and get paid a percentage of the settlement or jury award for our work. THERE IS NO CHARGE UNLESS YOU RECEIVE A MONEY SETTLEMENT.
The Usual Settlement Amount for Texas Product Liability Claims
There is no “usual settlement amount” for Texas product liability claims because settlements in these cases can vary from a few thousand dollars to millions of dollars. The facts of your case will determine how much compensation you could receive.
Out-of-Pocket Losses
These economic losses can include things like medical expenses for the treatment of your wounds, healthcare services received at a specialized treatment facility, and long-term care. Your claim could also include past lost wages when you could not go to work because you were recuperating from your injuries and future lost wages if lingering problems from your injuries have decreased your earning capacity.
Intangible Losses
Most people are familiar with pain and suffering damages, which compensate a person for enduring the physical discomfort and mental anguish of a severe injury that was someone else’s fault. There are other types of intangible losses. For example, disfigurement, post-traumatic stress disorder (PTSD), chronic depression and anxiety, and the loss of enjoyment of life can be in this category.
Fatal Injuries
If a person did not survive their injuries from a product liability accident, the Domingo Garcia firm might be able to file a wrongful death claim. The legal beneficiaries under Texas law could recover additional compensation through this action.
When a concrete pump truck’s boom collapsed due to a defective weld placed during the manufacturing process, we sued the foreign manufacturer for product liability and won a $3,850,000 settlement for the victim’s family.
Work With our Texas Product Liability Team
When you become a client of the Domingo Garcia firm, you will find out why these clients were so delighted with our services. We truly want to get our clients the best result possible in their circumstances.
You can contact Domingo Garcia to get a free initial consultation today. There is no obligation.
