San Antonio Product Defect Attorney
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.
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. A number of 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 a number of resources on design defects, manufacturing defects, defects in warning, and product liability law in general.
Why is a San Antonio product defect lawyer necessary for these types of cases?
Product liability 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. Your product defect attorney is your equalizer in these cases. The product defect lawyer 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.
TYPES OF PRODUCTS LIABILITY CLAIMS
Products liability claims can be based on manufacturer negligence, strict liability, or breach of warranty of fitness.
This basically means the whole product was designed poorly or not properly tested, in which case all the products will likely be defective and dangerous.
The product was designed fine, but the 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.
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 some common defective product injuries?
Injuries caused by defective products vary widely, and they range in severity. It is not uncommon for our San Antonio product defect attorneys to help clients who are suffering from the following:
- Choking injuries in children
- Burns injuries
- Lacerations or amputations
- Internal organ damage or failure
- Broken or dislocated bones
These 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.
What type of compensation is available in these cases?
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
- Recovery of lost wages if you cannot work
- Pain and suffering damages
- Loss of enjoyment of life damages
- 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)
What is the Texas statute of limitations for these lawsuits?
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.
Why Choose The Law Offices of Pat Maloney?
It is vital that you work with a product defect attorney to properly calculate your total damages so you get the maximum amount possible for your San Antonio product liability case.
Product Liability Cases are very difficult and expensive cases to pursue. For injuries caused by defective products, we are highly experienced San Antonio personal injury attorney with the skills and resources required to pursue this type of litigation. Call, or fill out an online contact form today for a free consultation. (210) 226-8888