Houston Product Liability Attorney

Have you been injured by a product that turned out to be unsafe or defective? A Houston product liability lawyer can help you get the justice and compensation you deserve.

With an ever-expanding list of product options and technologies, we’ve all come to rely on a huge variety of goods that improve and simplify our lives. From common household products to complex machinery, we implicitly trust that the products we purchase have undergone proper testing and meet reasonable safety standards.

So, what happens when this trust is misplaced, and a product we trusted ends up causing harm?

When that happens, it’s time to contact a Houston personal injury lawyer to discuss the possibility of a product liability case. Consultations with our attorneys are always free at Barrera Law Group LLC, so reach out to us now to discuss your potential case.

What Is Product Liability?

In simplest terms, “product liability” refers to the responsibility that manufacturers, distributors, and sellers have when the use of their product results in injuries or damage. When you buy and use a product, you should reasonably expect it to be safe and free from any flaws that could potentially cause harm, health problems, or even fatal accidents.

When this expectation isn’t met, and someone gets hurt, partnering with an experienced Huston product liability lawyer is an important first step in seeking compensation for any suffering or damages.

Identification of a Defect

It is crucial to establish that the product in question has a defect, which can take various forms, such as manufacturing defects, design flaws, or inadequate warnings or instructions. A defect indicates that the product failed to meet reasonable safety expectations.

In a product liability case, it’s up to the person who was hurt to show that the product had a problem or was unreasonably risky, that this problem led to their injuries or losses, and that they were using the product in the way it was meant to be used.

3 Examples of Defective Consumer Goods

Almost any product can have a design or fabrication that renders it defective or exemplify a situation where advertisers fail to warn about potential dangers it may pose. Three common example of items that don’t live up to expectations and injure consumers include:

Original and Aftermarket Auto Parts

If a car manufacturer builds a car that includes defective parts, and those defects lead to an accident, injury, or death, it may be grounds for a product liability case.

Let’s say that a faulty airbag system fails to deploy during a crash or the failure of defective brakes causes an accident; victims could have justifiable cause to bring a product liability claim against the carmaker or the manufacturer of the specific part that failed, or both.

Drug Manufacturers

The FDA requires pharmaceutical companies to meet specific standards (Known as Current Good Manufacturing Practice (CGMP) Regulations) and to test their products thoroughly to ensure that they’re safe and effective.

If a drug has undisclosed side effects or is improperly labeled, and individuals experience harm as a result, the pharmaceutical company may face product liability claims. For instance, a drug manufacturer could be held liable if their medication causes severe health issues that were not adequately warned about in the product’s labeling or marketing.

Everyday Consumer Products

This category encompasses a wide range of products, from household appliances to children’s toys.

If a product is created, built, or promoted in a way that makes it risky to use as intended, and someone gets hurt while using it, the company that made or sold it can be held accountable for those injuries.

For example, if a defective part in a baby crib causes an injury to an infant or faulty wiring in a power tool leads to a fire, the company responsible for designing, manufacturing, advertising, or selling the products could potentially be held liable for any resulting harm.

Product Liability Laws in Texas

The product liability laws in Texas are intricate and can seem confusing and even convoluted for those who aren’t familiar with them.

However, laws like Texas’ Deceptive Trade Practices Act serve an important purpose in ensuring the safety of consumers and making sure that manufacturers take responsibility for any harm caused by their products.

These laws place legal obligations on manufacturers and sellers to guarantee product safety, requiring adherence to specific safety standards and comprehensive testing to minimize risks.

Elements of a Product Liability Case

All product liability lawsuits share three common elements to all product liability lawsuits, regardless of the legal theory that the lawsuit is brought under. It must involve a specific product, that product must be proven to be defective, and it must be proven that the defect was the proximate cause of the injury.

1. Involvement of a Product. When it comes to any product liability lawsuit, the first important factor to consider is that the case revolves around a specific product. This means that the legal action is centered on a particular item or product that is believed to have caused harm or injury to the person filing the lawsuit. It can encompass a wide range of consumer goods, such as electronics, pharmaceuticals, vehicles, toys, or even food items.
2. Identification of a Defect. The second crucial element involves establishing that the product in question has a flaw. This defect can manifest in various ways, including manufacturing errors, design flaws, or insufficient warnings or instructions. The presence of a defect indicates that the product did not meet the reasonable safety expectations of the consumer.
3. Proximate Cause of Injury. Finally, for a product liability lawsuit to be valid, it has to demonstrate that the defect in the product was the proximate cause of the injury or harm suffered. Proximate cause means that there’s a direct and obvious connection between the product’s defect and the injury that was suffered.

These three elements are fundamental to product liability cases; whether the case is based on strict liability, negligence, breach of warranty, or another legal theory, these elements remain constant and must be established to make a successful claim in a product liability lawsuit.

Product liability laws will vary by state, city, and even county to county, but they’re generally designed to protect innocent consumers from injury or harm caused by an unsafe product and to hold manufacturers and resellers accountable for negligence or wrongful actions.

A Houston personal injury lawyer can explain which laws may pertain to your individual case, which don’t, and how to make sure that the ones that do are working in your favor.

Types of Defects Products Can Have

Product liability attorneys play crucial roles in assisting individuals harmed by defective or dangerous products. They review cases, investigate defects, and seek compensation on behalf of the injured party.

Product liability claims can encompass manufacturing defects, design flaws, failure to warn, and breach of warranty.

The four main categories of product defects include:

• Manufacturing Defects: These cases involve products that deviate from their intended design due to errors or flaws during manufacturing. Attorneys investigate the manufacturing process to prove that the defect occurred during production.
• Design Defects: In these cases, the product’s inherent design flaw makes it unreasonably dangerous even when manufactured correctly. Lawyers focus on proving that the design is the cause of the injuries.
• Failure To Warn: In such cases, products lack proper warnings or instructions, leading to injuries. Attorneys work to prove that the absence of adequate warnings contributed to the harm.
• Breach of Warranty: These are cases where a product fails to meet its stated (or implied) warranties and, in doing so, causes harm. An attorney will need to show that the product didn’t fulfill a promise made by the manufacturer or seller.

Again, to prove responsibility in a product liability case, a Huston product liability lawyer needs to demonstrate that the defect was the cause of the injury while the product was being used as it should be.

However, manufacturers might try to argue that the person who got hurt knew about the defect but still chose to use the product, which could be a potential defense strategy.

What Types of Compensation May Be Available for Your Case

When it comes to product liability lawsuits, there are different types of damages that you may be able to recover, such as:

• The current and future medical costs associated with treating the injury, including hospital stays, surgeries, medications, rehabilitation, and other necessary healthcare services.
• If the injury caused you to miss work, you can seek compensation for the wages or income you lost during that time. Additionally, potential future income loss can also be awarded.
• If the defective product damaged your property, such as your car, clothes, or other belongings, you could claim reimbursement for repair or replacement costs.
• Pain and suffering awards can compensate you for physical pain, emotional distress, and mental suffering resulting from the injury.
• If the injury affects your quality of life, you may be eligible for compensation.
• You may be able to claim compensation for visible scars or disfigurement caused by the product.
• Emotional trauma from the incident can have lasting effects, and you could recover compensation for anxiety, depression, and other emotional health conditions.

Sometimes, there are damages that go beyond compensating the victim. Instead, they are awarded as a way to punish the defendant. These happen in situations when the defendant’s conduct was extremely reckless, intentional, or malicious.

Not all cases will qualify for the above compensation awards. If you would like to know what you could expect, please feel free to contact our Houston product liability attorney for a free consultation.

How a Houston Product Liability Lawyer Can Help

The Texas Civil Practice and Remedies Code states that “A manufacturer shall indemnify and hold harmless a seller against loss arising out of a products liability action, except for any loss caused by the seller’s negligence, intentional misconduct, or other act or omission, such as negligently modifying or altering the product, for which the seller is independently liable.” Sec. 82.002

Product liability attorneys are instrumental in assisting clients seeking justice and compensation for their injuries and damages. Their key roles include:

• Evaluating Damages: Attorneys will evaluate the value of a case and assess medical expenses, lost wages, and pain and suffering to determine appropriate compensation amounts.
• Gathering Evidence: They collect evidence to establish a link between the defective product and the client’s injuries, including consulting experts and reviewing product testing data. Another popular resource for product liability evidence is the Consumer Product Safety Commission. The CPSC lists regularly updated warnings and recalls, as well as a searchable database, for products that have been found to have safety risks, including manufacturing and design defects, etc.
• Calculating Compensation: Attorneys consider economic and noneconomic losses, ensuring fair compensation that covers medical expenses, lost wages, and emotional distress.
• Providing Representation: Attorneys represent clients in negotiations with insurance companies or in court, provide clients with legal advice, advocate for their rights, and secure fair compensation.

Hiring a Houston product liability attorney is crucial for individuals seeking compensation and protecting their rights after being harmed by unsafe or defective products.

Product liability attorneys possess the know-how and experience to guide you through these intricate legal procedures. They can also work to make sure you receive fair compensation to cover your medical bills, lost income, emotional distress, and damages in the event of a wrongful death.

Consulting with a product liability lawyer is essential to assess the viability of the case and secure appropriate legal representation, significantly increasing the chances of obtaining fair compensation.

Let Barrera Law Group LLC Help You Seek Justice If a Consumer Good Harmed You

By holding manufacturers and sellers accountable for unsafe products, product liability attorneys contribute to a safer marketplace and ensure victims do not bear the burden of their injuries alone. Taking action is essential for seeking justice and ensuring manufacturers are responsible for the harm caused by their defective products.

Unsafe products pose significant risks to consumers, making legal representation crucial in holding manufacturers accountable for their negligence.

Seeking legal recourse ensures not only compensation for injuries but also a safer marketplace prioritizing consumer safety.

Consult with a product liability attorney to understand your rights, assess your case’s viability, and obtain the necessary representation to navigate the complex legal process confidently and work towards obtaining what you’re due.

If you’ve suffered an injury from a dangerous or defective product in Texas and are seeking legal advice or need a product liability attorney in Houston, you’ve come to the right place.

Barrera Law Group LLC can provide the help you and your family deserve. Contact us today to pursue the compensation you rightfully deserve. A consultation with a Houston product liability lawyer who can help you is free.