Thousands of consumers are seriously injured or wrongfully killed by defective products each year. In many instances, these injuries and deaths could have been avoided had product manufacturers and distributors taken the steps to ensure the safety of the products. If you or your loved one has suffered injuries or died as a result of a defective product, a personal injury attorney may be able to file a claim to help you recover damages. A product liability claim can be established if you can prove three things:
- The product was defective
- The defect occurred before the manufacturer released the product
- The defect caused an injury or damage
At the Law Office of Jesse Hernandez in San Antonio, TX, when we pursue a product liability case, our goal is to get any compensation due to the injured client or their family. Consumers are entitled to compensation to cover lost wages, pain, suffering, mental anguish and medical expenses that incurred.
Common Products That Cause Serious Injuries
It is the responsibility of marketers and manufacturers to label products in ways that warn of any possible dangers associated with the product’s use. They are responsible for stating the proper way to use the item and warn consumers of any possible hazards. Some of the most common product liability cases in Texas include:
- Pharmaceutical drugs
- Automobile tires
- Medical devices
- Electrical appliances
- Car defects (such as Failed automobile brakes)
- Defective sports equipment
- Water heater defects
- Products that have faulty parts
A personal injury attorney works on behalf of injured individuals and family members of the deceased when a product that had a manufacturing or design defect or flaw caused the injury or death.
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Filing a Product Liability Damage Claim
The U.S. Consumer Product Safety Commission reports about 30 million people have suffered injuries due to defective products. It also reports about 25,000 people have died due to an unsafe or defective product. In the state of Texas, personal injury laws allow individuals to file a defective product claim. Texas law recognizes three major classifications of product liability claims:
- Manufacturing defects are not a problem with an original design, but rather an error in the way the product was made. To prove a defective product claim, the injured party must be able to prove the original design is safe, but the product did not adhere to the design.
- Design defects are problems with the actual design of the product. The problem did not occur due to the design or an error committed when assembling the product. To have this type of claim, the injured must prove there is an alternative design that has an identical function and use as the original.
- Marketing defects occur when there is a danger associated with a product that the consumer is not aware of and there was a failure on the manufacturer’s part to provide adequate warnings or instructions to reduce the risk of sustaining an injury. In order to have a marketing defect claim, the injured party must prove that they were using the product for which the purpose it was designed.
How Can We Help?
If you or your loved one has suffered an injury or died due to a defective product, contact the Law Office of Jesse Hernandez. Taking action is important to ensure you get the proper compensation. Let our firm help you file your claim and get the compensation you deserve. We only collect fees if we can secure compensation for your claim. Talk to one of our criminal defense attorneys or personal injury attorneys today.