product liability

San Antonio Product Liability Attorney

Holding manufacturers responsible for defective products in Texas

Product defect litigation is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause if they are unreasonably dangerous. An experienced defective product attorney can help if you or a loved one has been injured by such products that can be proven to be defective or dangerous.

When injury or death is caused by a product that is unreasonably dangerous or defective, the manufacturer can be held legally responsible. Defective products range from automobiles, unsafe agricultural equipment, and household products to pharmaceuticals, toxic chemicals, defective trucking parts, and even dangerous toys. By forcing manufacturers to correct defects, or take dangerous products off the market altogether, we are helping make the world a safer place for all.

Product liability law provides the victims of dangerous products with legal recourse for any injuries suffered. Generally, a product is required to meet the ordinary expectations of a consumer. A product that has an unexpected defect or danger does not meet consumers’ ordinary expectations. Several different parties may be held liable for any injuries that result from the use of a defective product. For example, if a flaw in the manufacturing process creates a dangerous defect, the manufacturer may be held liable. This section includes many resources on design defects, manufacturing defects, defects in warning, and product liability law in general.

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Learn more about your options when you call Pat Maloney: Accident & Injury Attorney today and speak to our San Antonio defective product lawyer.

How can a San Antonio defective product attorney help?

Defective product cases often end up with an injured consumer going up against a big company or manufacturer. Companies have tremendous resources at their disposal and will do whatever they can to limit their liability in these cases. Most individuals do not have the skills, experience, or resources to take on large companies on their own. An experienced defective product attorney from Pat Maloney: Accident & Injury Attorney is your equalizer in these cases.

Our attorney is experienced in defective product cases and will:

  • Work to obtain the evidence necessary to prove what happened, including your medical records, safety records from the company, and more
  • Enter into negotiations on your behalf with all parties involved to secure a fair settlement
  • Be prepared to take your case to trial if that is what is necessary to win your case and secure the compensation you deserve

What are the types of product liability claims?

Product liability claims can be based on manufacturer negligence, strict liability, or breach of warranty of fitness. Our product liability lawyer will help identify what type of defect your claim falls under.

  • Design Defect: This means the whole product was designed poorly or not properly tested, in which case all the products will likely be defective and dangerous.
  • Manufacturing Defect: The product was designed properly, but an error or dangerous aspect was introduced during the making of the product. Often not all the products will be dangerous, just those with the problem caused during manufacturing.
  • Marketing Defect: The name of this is a little misleading because the problem may not be contained within the scope of what most people consider marketing. Instead, this defect is often seen in the warnings and instructions included with a product – if the manufacturer fails to provide proper warning labels or clear instructions to help consumers avoid injuries they can be held liable.

What are common defective product injuries?

Injuries caused by defective products vary widely, and they range in severity, including:

  • Lacerations or amputations
  • Internal organ damage or failure
  • Poisoning
  • Broken or dislocated bones

These types of serious injuries all require medical care, but in some cases, they can lead to temporary or permanent disability and disfigurement. If a victim cannot work while they recover, they risk losing the income they need to support themselves and their family. Our product liability attorney can help recoup the losses and medical expenses in a product liability case.

What is the value of my San Antonio defective product case?

There are various types of economic and non-economic damages available to victims who are successful in product liability lawsuits. This can include:

  • Coverage of medical expenses, current and future
  • Lost income, current and future
  • Pain and suffering damages
  • Mental anguish
  • Possible punitive damages against the company or manufacturer

In Texas, there are no caps on how much money a person can receive for economic damages, such as lost income or medical expenses. There are also no caps on how much a person can be awarded for pain and suffering damages in a product liability lawsuit. However, if punitive damages are awarded in the case, there is a cap of:

  • $200,000, or
  • Two times the amount of economic damages plus an amount equal to the non-economic damages (up to a maximum of $750,000)

How long do I have to file a defective product claim in Texas?

Each state sets rules on how long an injured victim has to file a claim to recover compensation in these cases. In Texas, the statute of limitations for a defective product case is two years from the date the injury occurs or when the injury is discovered.

These claims are also affected by the statute of repose. This is an overall time frame in which a product liability case must be filed. In Texas, you cannot bring a product liability claim later than 15 years after the date on which the product was first sold, regardless of when an injury occurs. For example, if a person is harmed by a piece of defective furniture, but the product first hit the market 17 years prior, the victim will not be able to file a product liability lawsuit.

Do you have a product liability attorney near me?

Pat Maloney: Accident & Injury Attorney is located at 239 E Commerce St. in the center of Downtown San Antonio, TX. We are the owner of one of the most beautiful and historic buildings in San Antonio. There’s plenty of parking nearby. If you cannot travel, we can arrange a phone or video conference, or an in-hospital visit.

Meet with an experienced product liability lawyer today

It is vital that you work with a San Antonio defective product attorney to properly calculate your total damages so you get the maximum amount possible for your product liability case. Product liability cases are very difficult and expensive cases to pursue. For injuries caused by defective or dangerous products, our law firm has an experienced attorney with the skills and resources required to pursue this type of litigation. To schedule a consultation with Pat Maloney: Accident & Injury Attorney, call our offices or fill out our contact form today for a free consultation.