When you purchase a product and use it for its intended purpose, you do not expect it to cause you or your loved one harm. But defective products sometimes make their way onto store shelves and are even installed inside vehicles, eventually being utilized by consumers. As a result, when an individual buys a defective product or purchases a car with a defective part and suffers an injury due to using it, they may be able to hold the manufacturer or even a third party liable for the injuries the defect has caused them to suffer.
If you or a loved one purchased a product in Wichita Falls, Texas, that was defective or contained a faulty part and suffered an injury due to using it, you may have a product liability case on your hands. To find out if you can sue for the injuries you or a loved one suffered from using a faulty product, contact a Wichita Falls defective product lawyer at Loncar Lyon Jenkins.
Common Types of Defective Product Cases
It is more common than you might think for products to become defective or malfunction somehow. Defective product claims can occur across virtually any type of consumer market. However, there are certain types of defective product claims. These include:
- Defective product design – In defective product design cases, the entire line of a specific product is inherently dangerous. Therefore, there is an issue with the product’s design, and the entire line of this particular product will need to be removed from the market.
- Defective product manufacturing – In defective product manufacturing cases, a specific product instead of an entire line of the same product is dangerous. There may have been an issue in how the particular product was manufactured. The whole line of the product will not need to be recalled, but this particular item will need to be investigated to ensure other products are not also defective.
- Failure to warn – When a product is inherently defective when used correctly, it needs to come with a warning label. For example, over-the-counter medications need to be labeled when they should not be mixed with certain types of drugs. If this over-the-counter medication did not contain this warning label and someone suffered serious injury or illness, the drug manufacturer could be held accountable.
For a free legal consultation with a Defective Product lawyer serving Wichita Falls, call 877-239-4878
Pursuing Liability in Claims for Defective Products
Defective product claims are unique in that nearly anyone involved in the chain of distribution of a particular product can be held accountable. There are many individuals and entities who can be named in product liability claims like these. Some of these parties could include:
- Product designers
- Product manufacturers
- Product distributors
- Safety inspectors
- Other third parties
Holding a Company Liable When It Sells a Defective Product
When a company manufactures a product that is later deemed defective, the company can generally be held liable if it:
- Failed to ensure the product met the applicable federal safety standards before allowing customers to purchase it
- Was aware of the defect but allowed it to be sold anyway
- Failed to take action after it was discovered that a defective part or product it made was sold to consumers
Were you injured by a product you purchased? Were you or a loved one involved in a vehicle accident caused by a defective part? If you answered yes, contact us to find out if you are entitled to compensation for your losses.
Texas Proportionate Responsibility Laws
Do not be surprised if the defense argues that you are partially responsible for causing your injuries. Even in defective product claims, the defense looks for opportunities to avoid being held accountable to the fullest extent of the law. Texas follows a proportionate responsibility system.
Here, if you are partially at fault for your injuries, you can still collect compensation. However, this is only true if your liability portion does not exceed 50%. The defense will attempt to place any amount of blame on you that they can, as this will reduce their monetary losses.
Wichita Falls Defective Product Lawyer Near Me 877-239-4878
Statute of Limitations for Defective Product Lawsuits in Texas
Under Texas law, when you are filing a defective product claim in Wichita Falls, you must do so before the two-year statute of limitations expires. Two years may seem like more than enough time to move forward with your case.
However, your attorney needs as much time as possible to gather time-sensitive evidence, interview witnesses, and prepare for any complications that may arise along the way. If you wait until the last minute, you risk losing your opportunity to have your case heard in the Wichita Falls civil courts.
Contact our Wichita Falls Defective Product Attorneys today
Damages Awarded in Product Liability Cases
After a Wichita Falls defective product lawyer has determined you have a valid case against a manufacturer or another party for the injuries you suffered as a result of using a defective product, you may be entitled to recover one or more of the following damages:
Pain and Suffering
If you suffered an injury, chances are you experienced some level of pain when the injury was sustained. Depending on how severe your injuries are, you may still be experiencing some degree of pain. When another party is responsible for causing you harm, they can be held liable for compensating you for your pain and suffering.
Past and Future Medical Expenses
If your injuries required you to seek medical attention, you might be eligible to receive compensation for the medical bills that have already accrued. In addition, if your physician has informed you that you will need ongoing medical care to treat your condition, you may be awarded compensation for this as well.
Were the injuries you suffered severe enough to where you are now unable to work? If your injuries prevented you from working, you may be eligible to receive compensation to make up for the wages you would have been able to earn if not for your injuries. In addition, if you suffered a permanent disability and can no longer work in the industry in which you are skilled, a defective product attorney can determine how much you should be awarded to make up for this.
If you were (or still are) suffering from depression, anxiety, or another mental health condition resulting from the incident, you could request to be compensated for this.
It is worth noting that some damages are more straightforward to value than others. For example, pain and suffering and mental anguish are two non-economic damages that are often more difficult to place a price tag on—unlike medical expenses and lost wages which are usually easier to calculate.
This is one of many reasons why it can benefit you to hire an attorney, as they can help you determine what you should be awarded for all damages you are eligible to receive.
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Contact the Office of a Wichita Falls Defective Product Attorney Today for Legal Help
When a company fails to inspect the products it sells or allows a defective product to remain on store shelves for consumers to purchase and use, knowing it could cause them harm, they should be held liable for any sustained injuries. If you were injured by a product you believe to be defective, contact a defective product lawyer serving Wichita Falls to receive a case review. If you have a viable product liability case, we will be sure to help you fight for the best possible outcome.