You can pursue a defective product claim even if the incident was partially your fault. Texas’ comparative negligence law allows those partially at fault for a harmful event to pursue compensation. If this is your situation, you should expect the court to reduce your award according to your percentage of fault.
Defective product claims can be complex in any circumstance. The case can become more complicated when you have partial fault for injuries you’ve suffered. Consider hiring a Dallas defective product lawyer to fight for your financial recovery.
Examples of Shared Fault for a Defective Product
You may have questions about whether you are at fault for a defective product incident. Hypothetical examples may help you understand how two parties can share liability for a harmful event:
- An auto accident: Consider an accident where a motorist is texting while driving when their newly purchased tire blows out. The product manufacturer may be liable for the defective tire, while the motorist may have some liability for their distracted driving. The driver may be liable because, one may argue, they may have responded faster to the blowout if they had not been texting while driving.
- A power tool accident: If someone uses a power tool without protective eyewear, and the tool malfunctions and causes an eye injury, the user and the tool manufacturer may share liability.
These are examples of circumstances where multiple parties (including a product manufacturer) would share liability for a harmful event involving a defective product. A Dallas personal injury lawyer will review your unique circumstances to establish liability for your injuries and damages.
Basic Responsibilities of Product Manufacturers
Regardless of whether you share fault for an incident involving a defective product, we would gauge if a manufacturer failed in its duty of care. Those who design, manufacture, and sell products must:
- Design the product to minimize the risk of a defect or malfunction
- Use quality materials that are least likely to result in a defect
- Provide adequate instructions and labeling on the product and its packaging
- Refrain from selling any product that poses an unacceptable risk of defect or malfunction
If a manufacturer, seller, or other responsible party fails in their duty to the customer, they can be held financially responsible for resulting injuries and deaths.
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How Do I Seek Fair Compensation for a Defective Product Incident?
You can fight for a fair financial recovery by hiring a defective product attorney to help you with a product liability claim or lawsuit. You may hire one if:
- You cannot handle your case: Whether you have suffered injuries or lost a loved one, physical pain, psychological distress, and other limitations may prevent you from dealing with an insurance claim or lawsuit. The next step may be having a lawyer lead your fight for financial compensation.
- The lawyer offers extensive experience in defective product cases: Inexperience with defective product claims and lawsuits may also be a reason to hire an attorney. Your lawyer will have a firm understanding of the responsibilities and challenges your case could present.
- The law firm will cover your case’s costs up front: Texas personal injury lawyers (including ours) generally require no upfront fee from clients. The firm works on a contingency fee basis, covering your case costs and only getting paid if you win monetary compensation for your damages.
Our Texas defective product lawyers have helped many clients obtain fair settlements and verdicts from insurers and product manufacturers. Let us assist you.
Duties a Lawyer Will Perform in Service of Your Case
Our team will oversee every detail of your case. We will seek your settlement or jury award by:
- Quickly securing any evidence that will benefit your case
- Detailing your damages with medical records, employment records, and other documentation
- Calculating the monetary award you deserve for damages
- Negotiating with the insurance company that provides product liability insurance to the manufacturer (or the manufacturer’s civil defense lawyer if you sue)
- Fighting for your recovery at trial if necessary
- Overseeing communications, paperwork, and other aspects of your case
Each defective product case poses unique challenges and demands. Our team will be responsible for your case from start to finish, and we will allow you to prioritize your recovery.
Damages Your Defective Product Lawyer Will Seek Compensation For
You may suffer several types of damages because of a dangerous product, including:
- Medical bills: Defective products can lead to emergency medical care, hospitalization, surgery (including cosmetic procedures for scarring), medications, and many other medical services.
- Lost income: We will consider lost income, diminished earning power, lost bonuses, and other professional damages when building your case.
- Pain and suffering: You deserve compensation for emotional distress, mental anguish, psychological distress, lost quality of life, physical pain, and other forms of pain and suffering related to the defective product.
- Property expenses: We will consider the cost of the defective product, transportation to medical appointments, and other property expenses related to your claim or lawsuit.
If you have lost a loved one because of a defective product, our team will evaluate your monetary damages and seek fair compensation for your tragic loss.
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Call Loncar Lyon Jenkins Today for a Free Consultation About a Defective Product Case
Texas Civil Practice and Remedies Code § 16.003 generally imposes a two-year filing deadline for defective product lawsuits. We have seen countless victims of negligence miss this statute of limitations deadline, causing catastrophic financial losses as a result. We encourage you to speak with us about hiring a Texas defective product lawyer as soon as possible.
Call Loncar Lyon Jenkins today for your free legal consultation.