Dangerous products are constantly being released to consumers with devastating consequences. The product manufacturers and other responsible parties should be held accountable when their merchandise harms innocent people. You may be entitled to compensation if a defective drug or other item harmed you or a loved one.
A Dallas personal injury lawyer can guide you through the legal process after your initial case review. During a free consultation, we can determine which type of product liability case you face and review your options for legal recourse. Call us today for more information.
Defective Products Can Lead to Legal Action
The United States Consumer Product Safety Commission (CPSC) has provided important information concerning products and hazards that can harm and injure individuals. The following are categories the agency has studied and released data on:
- Fuel, lighters, and fireworks
- Furniture and decor items
- Home maintenance and construction
- Kitchen and dining supplies
- Merchandise affecting older adults
- Public facilities and products
- Sports and recreation equipment
- Toys and children’s items
These are just a handful of categories your case may involve. Reach out to us today to learn more about beginning a free case review with a Dallas attorney and potentially building a defective product claim.
Our personal injury lawyers, who specialize in these cases, provide complimentary consultations for individuals and families considering legal action due to a design defect or similar issue.
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The Texas Statute of Limitations in Product Liability Cases
When pursuing a product liability case in Texas, you must consider the state’s statute of limitations. Under Texas Civil Practice and Remedies Code § 16.003, the time limit for filing a product liability claim is two years. This deadline applies to most personal injury cases in Texas.
You will have up to two years to gather evidence against the manufacturer, distributor, retailer, or supplier. During this time, you or your attorney must look into critical details of your case, such as whether adequate warnings or instructions were listed on the packaging or if the company mentioned a specific risk.
In some cases, the danger or risk from an item may never be anticipated, which could also lead to a successful liability claim.
Building a Defective Products Liability Case
A dangerous product can cause harm in various ways, such as from a defective design. While you may be using the item correctly, its design flaws could cause you harm. There may also be manufacturing defects, which are common among motor vehicles.
In some cases, vehicles can have widespread recalls in which all cars of an entire make and model must be taken to the manufacturer for repairs due to a faulty manufacturing process that puts drivers and passengers at risk of injury. In other cases, there may only be a few vehicles affected.
The way certain items are marketed can also lead to injuries. For instance, if a TV commercial does not warn the audience about potential dangers linked to an item or how to use it correctly, the manufacturer could be liable for injuries you sustain while using the product.
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Understanding Product Liability Insurance
According to the Insurance Information Institute (III), product liability insurance protects the manufacturer, distributor, or seller of the merchandise from legal liability resulting from a defective condition that caused damage associated with the use of the item.
If you are seeking to pursue a design defect claim against a manufacturer or designer, you may have to consider whether the defendant has liability insurance. This is especially true if you hope to settle out of court. Our product liability attorneys can look into this for you.
The sooner you act, the sooner a Dallas attorney can begin to work with you and your family to seek justice against the product designer or manufacturer that caused your injuries.
Compensatory Damages You May Be Entitled to for Defective Drugs or Other Products
You may be dealing with severe injuries after an incident involving a defective item. If your case involves a motor vehicle accident, you could experience whiplash, spinal cord injuries, a traumatic brain injury, and many other serious physical injuries.
The list of damages you present to the defendant in your settlement package should include your current and future medical expenses. Additional damages you may have suffered from a faulty product could include the following:
- Lost wages
- Property damage
- Pain and suffering
- Limited earning capacity
- Loss of quality of life
When one of our attorneys represents a client, we help them understand the value of their recoverable damages. While no amount of money can undo what happened, we want to ensure they have enough money to cover their current bills, future-related losses, and the pain and suffering they endured.
Wrongful Death Damages Stemming from Defective Merchandise
In some cases, injuries caused by a faulty product are so severe that the victim doesn’t make it. If you have lost a loved one in this way, we are deeply sorry. Texas allows family members to hold the negligent party responsible for the damages you sustain when a loved one passes away.
Losses could include the following:
- Loss of income previously provided by the deceased
- Loss of services
- Funeral and burial expenses
- Medical bills
- Other intangible losses
- Punitive damages
Our product liability lawyers could help your family if you lost a loved one because of an irresponsible company that designed, manufactured, or marketed a dangerous item. We are here to discuss your legal options for seeking justice today.
What Is the Relationship Between Recalled Items and Liability Claims?
While many recalled items support successful product liability lawsuits, not all defective design claims are based on recalled items. Many items cause significant injuries, and the manufacturers never accept responsibility for the injuries that occur or make changes to their merchandise.
Instead, their insurer pays a settlement or loses in court, but they refuse to acknowledge their negligence. Many of the stories you hear on the news are about mass torts against large companies. These cases may or may not involve recalls.
Types of Claims
In general, defective items, including dangerous drugs and medical devices, often support either:
- Class action lawsuits
- Multidistrict litigation
- Mass torts
If other people have suffered injuries because of the same product that hurt you or your loved one, there may be enough support for a mass tort. A class action is more likely if everyone suffered similar injuries and damages.
Multidistrict litigation is more likely when each victim suffers various injuries and has a wide range of damages. However, either option may offer an opportunity for victims to share expenses and evidence against the manufacturer.
Do You Need a Defective Products Attorney?
When a faulty product injures you, you may wonder whether you need a lawyer. Depending on the circumstances of your case, you can bring a lawsuit against that item’s designer, manufacturer, distributor, or retailer.
If you can prove your case, you can recover monetary damages from the party responsible for causing your injuries. It is important to look into all avenues of liability to determine which parties should be held accountable for damages arising from a recalled product.
Multiple Parties Could Be Liable
Various links in a product’s supply chain can be liable for your injuries. These links can include the following:
- Designers and engineers who are responsible for an item’s poor design
- The manufacturer who produced the item
- The wholesaler that handled its distribution
- The retailer who sold it
Remember that any party contributing components to the product, installers, and assemblers must follow safety protocols and regulations set forth by consumer protection agencies that oversee the industry.
If any fail to do so, then they, not just the manufacturer (as is usually assumed), can also become liable. When facing complex matters involving multiple parties with varying contributions, an attorney who knows how to proceed in these situations can benefit your case.
Get Help with Your Claim by Contacting a Defective Product Attorney in Dallas Today
At Loncar Lyon Jenkins, we could fight on your behalf to help you earn fair compensation following your defective product injury in Dallas. Our law firm represents over 7,000 clients across Texas annually, and we can help you, too.
Our Dallas-Fort Worth locations are among eight offices in Texas, and we will travel to meet your needs following a free case review. Contact us today to start working with a defective product lawyer in Dallas. We provide free consultations for injured victims and their families.