San Antonio Product Liability Lawyer

What Is Product Liability?

We all need to practice reasonable safety precautions to prevent accidents that could injure others. This legal standard is often known as practicing “due care.” A person can cause a dangerous situation if they are acting in a reckless or negligent manner.

Those injured in an accident can recover financial compensation from the party whose negligent behavior caused the accident which resulted in harm. Product liability cases revolve around a failure to practice reasonable due care by someone who designs, builds, assembles, or sells a product. If their unreasonable actions caused your injury, you can file a lawsuit to seek the necessary financial compensation.

Every product liability case is different, with unique factors and elements to consider. Sometimes it may seem as though the negligence of the other party is obvious.

But, these cases are usually highly technical and hard-fought by everyone involved. An experienced and knowledgeable product liability attorney can succeed by demonstrating each of the following:

• You used the product as it was intended – Deviating from a product’s intended use can result in a terrible accident. Your attorney must show that you were reasonable in how you used the product that caused you harm.
• The product was defective – The other side may aggressively argue against your claim. Your attorney must understand all of the technical details required to demonstrate that the product had defects.
• You sustained an injury or loss – Your harm must be clearly demonstrated. This can be done by showing medical bills, lost wages, or specific details of your property damage.
• The defective product is what caused your injury – To recover compensation your attorney must demonstrate that the product’s defect was the direct cause of your injury.

Types Of San Antonio Product Liability Claims

The details of every product liability case is different, and the legal issues are often complex. However, almost every situation can be placed into one of the following categories:

• Manufacturing defects – These are generally caused by production or quality control problems. They are not always present in every identical variation of the product in question.
• Design defects – This relates to errors in how products are initially designed, making them dangerous even if people are operating them as originally intended.
• Failure to warn – Proper warning and instructions must be given if reasonable use could pose a danger. For example, a power tool that could hurt someone if it’s held incorrectly.
• Injury from pharmaceuticals – A drug manufacturer can avoid liability if they use a warning, approved by the United States Food and Drug Administration (FDA). However, they can be held liable if it recommends a particular use, not approved by the FDA.

Product Liability Injuries In San Antonio

The Consumer Safety Protection Commission finds that there are tens of thousands of defective product injuries in Texas every year. It can often be difficult to determine whether a poorly designed or built product caused a serious accident. People are hurt while on the road, working, or engaging in recreational activities. Many defective product accidents take place when people are performing ordinary and routine actions.

The injury lawyers at The Law Giant, Personal Injury & Accident Lawyers have helped many injured clients through every step of their recovery. Some examples of recent product liability accidents in the San Antonio area include:

• Defective airbag explosions – Hundreds of millions of airbags have been recalled over the years, but defective bags still injure hundreds of car accident victims in the San Antonio area every year. A truck carrying defective Takata brand airbags recently exploded off of Highway 57 near San Antonio causing the death of a woman nearby.
• Factory explosions – Workshops and factories in the Bexar County area have seen many injuries caused by defective machines and tools. San Antonio based oil refiner Valero has seen numerous workers and contractors recently injured in industrial explosions.
• Medical device malfunction – Devices used to treat patients in hospitals can cause devastating injury if they malfunction. Recent accidents in New Braunfels and San Antonio have greatly complicated the treatment of the injury victims.
• Defective tires – Recent serious and even deadly accidents could have been avoided if the cars involved had properly functioning tires. Accidents in the San Antonio area have been on the rise on Interstate 10 as well as Interstate 410.

How a Defective Product Lawyer Can Help You

Being hurt can be extremely stressful for you and your family. It’s understandable for anyone to be uncertain about what to do. The insurance companies involved will seek to reduce their liability to pay you damages.

If they feel that their client may hold responsibility, they may try and get you to accept a low financial settlement offer. It’s important not to accept an offer or sign any statement until first speaking with your lawyer.

A knowledgeable San Antonio product liability lawyer will know how to investigate the actual cause of your accident and identify the underlying issues. This may require consulting with industry experts to help establish where a product failed and how it led to your injury.

At The Law Giant, Personal Injury & Accident Lawyers, we have decades of experience negotiating with insurance companies on behalf of our clients. We understand how important it is for you to get all of the compensation that you deserve.

Getting an acceptable financial settlement offer requires the strongest possible case. This is done by gathering all relevant evidence including product specifications, witness statements, and medical records. The insurance companies know that our record of successful trial results and our reputation for fighting for our clients.

If you do not get an adequate settlement offer, we will take your case to court. We can help you recover damages for things like:

• Medical bills
• Future medical and therapy needs
• Lost wages due to your accident
• Lost future earning potential
• Necessary modifications to your home or vehicle
• Training for new employment
• Travel expenses related to your accident
• Property damage

Steps To Take After Being Injured By A Defective Product

It’s always important to seek medical attention as soon as possible after being hurt in an accident. Your injuries can get much worse if not quickly addressed.

Additionally, many product-related injuries are not obvious at first. It’s understandable for anyone to be confused about what to do. A knowledgeable lawyer will ensure that you take the necessary steps and explain how to take advantage of the legal system, so you get the compensation you need to move on with your life.

After seeking medical help and calling a product liability lawyer, you should:

• Write down the timeline of events – Making notes of what happened will help you remember the details as time goes on. This will also be a great help to your lawyer.
• Take relevant photos – Take photos of the accident scene as well as your physical injuries. Having photographic evidence can be very important later as your case is negotiated or goes to trial.
• Keep the defective product if possible – The defective item that caused your injury can be very important to a successful resolution. If possible, keep it and do not make any alterations.
• Follow your doctor’s orders – Taking your medical care seriously can help you get better while also demonstrating that your injuries are genuine and impactful on your life.