Victims of dangerous products can experience many different injuries, from lasting medical issues as a result of taking a dangerous drug, to catastrophic injuries suffered in a car accident as a result of a dangerous automotive defect, to horrific injuries subjected to a child while playing with a dangerous toy.
If you or a loved one has been hurt by a dangerous or defective product, it may be possible to recover compensation for the injuries you have suffered.
What Is Product Liability?
Simply put, product liability is an area of tort law that seeks to hold the manufacturer or seller of a dangerous or defective product liable for the injuries suffered by the victim. For example, a product liability claim may be brought against a drug maker that releases a dangerous medication into the stream of commerce, resulting in injuries to the public.
Other types of product defects can include contaminated food that is placed into the food stream; exposure to pesticides; defective farm equipment, construction equipment, or other machinery; dangerous swimming pool or diving board construction; defective toys; dangerous medical devices or equipment; and defective firearms, to name a few.
What Types of Product Liability Claims Are There?
Generally, product liability claims fall under one of three categories:
- Design defects, where the design of the product itself is inherently dangerous and could have been designed in a less defective manner. For example, a car may have a dangerous design which can result in increased chances for accidents and injury, and if the car could have been designed in a less defective manner, the car manufacturer may be held liable for injuries to the victims.
- Manufacturing defects, where the product fails to be made according to its applicable safety precautions. For example, a victim may suffer a serious injury while using heavy machinery or equipment at work, if that equipment malfunctions or fails to conform to the specific safety precautions of the manufacturer.
- Warnings defects, where the manufacturer or seller fails to warn consumers about the inherent dangers of the product or provides incomplete or incorrect instructions for using the product. For example, a medication may have some dangerous or even deadly side effects, and if the drug maker has failed to warn the consumer about those side effects, they may be liable for damages.
How Do You Prove a Dallas Product Liability Claim?
It may be possible to bring a product liability claim against various parties who have played a part in getting the product into the stream of commerce, and ultimately into a situation where the product caused injuries to the victim.
It may be possible, for example, to hold a manufacturer liable for its product’s dangerous design or lack of safety features, and it may be possible to hold the seller or retailer of the product liable for placing the product into commerce. This can complicate product liability lawsuits, as you may have several parties who could share responsibility for the injuries you have suffered; in addition, you may also have various insurance companies involved.
Generally, to prove a product liability claim in or near Dallas, you will need to show that you have suffered serious injuries, which were directly linked to the product’s defect. You will also need to show that you were using the product in the way it was intended to be used—in other words, that you did not use the product in a more inherently dangerous way than you should have. You will, of course, also need to prove that an actual defect existed in the product.
To prevail, you will need to be able to prove the full extent of your damages. Out-of-pocket costs you have incurred as a result of your injuries may involve medical bills, such as the costs of hospitalization, doctor’s visits, specialist care, medical treatments and imaging, and prescriptions. They may also include lost wages if you are unable to work due to the extent of your injuries. Additionally, they may include general damages, such as pain and suffering, mental anguish, and emotional trauma. General damages can compensate you for the decline in the quality of your life after your injury, such as for your inability to participate in activities that you were able to enjoy before your accident.
Proving liability and damages in a Dallas case involving a defective product can be an arduous and complex process. Not only do Texas product liability claims involve various different laws, but they often involve complicated facts where liability may not be clear-cut. Moreover, these cases can involve the presence of multiple parties as well as their insurance companies.
Negotiations in product liability cases can quickly become complicated without the help of an experienced attorney, who can work with you towards a fair and reasonable settlement offer, and represent you at trial if settlement is not possible. Our product liability attorneys understand the nuances of this area of the law, and they will thoroughly investigate the facts of your case, preserving important evidence and assessing the full value of your damages, in order to present the best claim possible on your behalf.
How Can The Francis Firm Help with Your Dallas Product Liability Claim?
Product liability claims can quickly become complicated, and having a knowledgeable attorney by your side can make all the difference. Our experienced personal injury lawyers will inform you of your legal rights and options, and we will work with you to make sure you receive the medical care you need. We will negotiate with the other parties and their insurance companies toward a fair and reasonable settlement. If the insurance company refuses to offer full value in settlement, our trial-tested Texas personal injury lawyers are always ready to take them to court. Please reach out to us today for a free, no-obligation initial legal consultation online or by calling 817-617-8639. With our office in Southlake, we serve communities throughout the Dallas/Fort Worth area, Tarrant County and Dallas County and other Texas communities