Brownsville Product Liability Lawyer

What is Product Liability?

When manufacturers and other companies put a defective, unsafe product into the hands of consumers, they can be responsible for paying compensation to victims under the concept of product liability. Texas has enacted a product liability statute that outlines the duty of manufacturers. Generally, they must ensure their products meet users’ ordinary expectations with respect to safety.

Almost any product bears the potential to incorporate a dangerous defect, but items in certain industries tend to be common sources of defects.

Common Product Liability Claims

Household Goods and Products

There are countless items you bring into your home throughout the year, including electronics, furniture, cleaning supplies, cosmetics, home décor, accessories, and more. Any of these household goods and products can include defects that are capable of causing injuries.

For instance, the U.S. Consumer Product Safety Commission (CPSC) reports that approximately 26 children are killed every year due to toppling furniture, televisions, or other household goods. Another 24,500 suffer injuries from these incidents. Proper warnings about securing furniture could have prevented these casualties.

If your child incurred harm by unanchored or unstable furniture, call a Brownsville product liability lawyer from our firm today for help.

Appliances

You rely on many different appliances for essential tasks and convenience, from your refrigerator and laundry units down to your smoke detectors. According to the CPSC, there are roughly 50 electrocution fatalities every year associated with defective household appliances. The most common sources are large appliances, lighting, and power tools.

Vehicles

Cars, trucks, motorcycles include a large number of components. Defects in any of these parts can lead to catastrophic accidents and devastating injuries. Common examples cited by the National Highway Traffic Safety Administration (NHTSA) include defective airbags, tires, and braking systems. As more vehicles incorporate advanced technologies, there may be defects with auto-closing doors, cruise control, auto-park features, and many more.

Products for Children and Infants

Defects in products designed with children in mind are especially troubling because kids are not in a position to understand the dangers of their toys, clothes, and other belongings. Parents do their best to stay current on information about these hazards, but hidden defects go beyond ordinary expectations. SafeKids Worldwide is a website dedicated to reporting on defective children’s products, which may include:

• Toys
• Electronics and video monitors
• Car seats and safety restraints
• Cribs, high chairs, and other furniture
• Bedding and clothing
• Pacifiers, teething rings, dishes, and children’s kitchenware

If a defective toy or other product hurt your child, contact The Law Giant, Personal Injury & Accident Lawyers today to speak with a skilled Brownsville product liability attorney.

Medical Devices

Though injuries can occur due to health care provider malpractice, defective medical devices are becoming a serious problem. The Food and Drug Administration (FDA) strictly regulates medical device safety, but thousands of patients are injured every year due to defects in:

• Transvaginal mesh patches
• Metal hip replacements
• Drug-coated stents
• Birth control methods
• IVC blood clot filters
• Surgical robots

Strict Product Liability vs. Negligence

Though many personal injury lawsuits are based on negligence, cases stemming from product defects are governed by the legal concept of strict product liability. In general, you don’t have to establish fault on behalf of the manufacturer. However, while you may assume this might make it easier to prove product liability cases, there are much more complicated legal issues involved.

A Brownsville defective product attorney can explain the basics of product liability law, but an overview of the requirements might be useful as your case progresses:

• You must prove that the product was defective
• You need to show that the product’s condition didn’t change from the time it left manufacturer’s possession to the moment it reached your hands
• You need to provide facts demonstrating how the defect in the product made it dangerous
• You must establish a connection between the dangerous defect and your injuries.

Product liability claims may not require proof of fault, but that doesn’t make your job easier when you’re filing a case against a manufacturer, seller, or other entity. The companies are often huge, multi-national corporations with equally large legal departments dedicated to fighting against your interests. With help from a Brownsville product liability attorney, you have an edge in seeking the compensation you deserve as an injured victim hurt by a dangerous product.

Considerations Under Texas Law

Some legal themes are common among U.S. jurisdictions, but many states have specific factors or requirements. Under Texas product liability law, you should note that similar to other personal injury cases, the statute of limitations is two years. However, the clock doesn’t always start on the date of harm in a product liability case. If you don’t discover the harm until much later, the statute of limitations starts upon your discovery. The issue is of particular importance with defective medical devices.

In many states, any entity within the supply chain could be a potential party in a defective product case. A shipper, wholesaler, assembly company, retailer, or other company may be liable. The Texas product liability statute is very specific about the conditions under which nonmanufacturing sellers may be held accountable.

Manufacturers are not liable for injuries caused by inherently dangerous products, as the hazards in some items should be known to the ordinary consumer.

Because these special considerations make product liability lawsuits extremely complex, you should only trust your case to an experienced Brownsville product liability attorney. Our team at The Law Giant, Personal Injury & Accident Lawyers, will review your circumstances to determine the applicability of the relevant factors. We gather evidence and develop a strong legal strategy to firmly establish your right to compensation.

Brownsville Product Defect Claims

The Brownsville product liability lawyers at our firm assist with all types of dangerous products cases. Though all claims are different, the defects behind product liability matters generally fall into three different categories:

Manufacturing Defects

When there’s a mistake in the production process, the product may have a manufacturing defect. These errors don’t necessarily affect the entire batch of products, since the problem is related to one particular lot of items. For instance, a machine may malfunction and cause a product to be made with a flaw. Another example might be a key employee’s absence, which required a less experienced or improperly trained worker to take their place.

Design Defects

A product may be developed around a plan that includes a mistake. This type of error results in a critical defect that affects every item produced in accordance with the plan. The classic example is the Ford Pinto, which featured a dangerous fuel system design. The fuel tank was placed between the rear axle and rear bumper, leading to fuel leakage and a tank rupture in a rear-end collision.

Defects Related to Labelling

Certain products require proper labeling and marketing to be safe for consumer use. Medications, kitchen appliances, and power tools are examples. Without detailed instructions on usage and warnings of the dangers, consumers may be injured.

Pinpointing the exact nature of a defective product is core to your claim if you’ve been hurt. A Brownsville defective product attorney that focuses on product liability cases is your best asset when you’re seeking compensation for your losses.