To win compensation for a defective product injury, you must prove that a product flaw harmed you or your loved one and led to financial losses. Evidence is crucial for building a strong defective product case and could include everything from medical records to product designs to expert testimony. A product liability lawyer in Dallas can help.
How Do You Prove Claims in a Product Defect Case?
Usually, when seeking compensation for a personal injury, you must show that the party that caused your injury acted negligently or wrongfully. However, defective product claims often rest not on negligence but strict liability. Strict liability means the party that caused the defect is responsible for your damages, regardless of their behavior or intent.
When building a strong product liability case, you must establish three things:
The product contained a defect.
The defect caused you harm.
The harm suffered led to economic and non-economic damages.
Types of Product Defects
There are three types of defects on which you can build a product liability case:
- Design defects. These defects involve a flaw in a product’s design. Defective designs mean the product will contain the defect even when appropriately manufactured.
- Manufacturing defects. These defects happen during the manufacturing process. Sometimes, the defect affects all products; sometimes, it occurs only in part of the products made.
- Marketing defects. Marketing defects involve a failure to warn consumers about a product’s dangers or side effects. These defects can also include a failure to provide instructions for the safe use of a product.
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What Evidence Will You Need to Support Your Product Liability Claim?
To win product liability compensation, you must prove you suffered an injury due to a product flaw and that it resulted in financial losses and pain and suffering. The following evidence is crucial for building a strong defective product case:
- Police reports or accident reports
- Eyewitness statements
- Expert witness testimony
- Detailed information about the product’s make, model, design, and manufacturing
- Photographs and physical evidence from the facility that made or designed the product
- Product test results
- Scientific and medical research
- Previous product recalls
- Medical records
- Photographs of your injuries or property damages
The defective product itself is also a vital piece of evidence. If you still have the product, drug, or medical device that harmed you, do not throw it away. If you cannot safely keep the product in your home, take photographs before moving it somewhere more secure.
Defective Product Injury Damages
You and your family should not have to pay for damages that a defective product caused. A personal injury lawyer with our firm can gather bills, receipts, invoices, and other evidence of your financial losses. We can also help you obtain estimates of your future expenses.
Economic compensation for a product liability injury may include the following:
- Medical treatment
- Medical devices and mobility aids
- Prescription drugs
- Physical therapy
- Nursing services
- Lost wages, earnings, and employment benefits
- Lost future earning potential
- Personal property damages
In addition, we can help you establish that you deserve non-economic compensation for intangible losses related to your physical, mental, and emotional suffering. Pain and suffering damages may include monetary awards for the following:
- Physical and chronic pain
- Loss of mobility
- Loss of a bodily function
- Loss of enjoyment
- Mental anguish
- Emotional distress
- Impaired quality of life
If your loved one suffered a fatal defective product injury, you may qualify for wrongful death compensation. We can pursue the following on behalf of your family member’s estate and survivors:
- Medical care
- Funeral and burial expenses
- Loss of your loved one’s income and financial support (including inheritance)
- Loss of your loved one’s services, care, companionship, and society
- Survivors’ mental pain and suffering
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What Is the Product Liability Statute of Limitations in Texas?
You do not have unlimited time to seek compensation for a defective product injury. According to Texas Civil Practice and Remedies Code § 16.003, you generally have two years to file a personal injury or wrongful death lawsuit. However, there is a statute of repose for some product liability claims. We can tell you if it applies to your legal issue.
If you do not adhere to the statute of limitations deadline, the court will likely refuse your suit. You may end up with a denied claim or reduced settlement and no legal recourse. Therefore, getting started on your case as soon as possible is a good idea. Acting promptly will also allow you to collect and preserve crucial evidence before it gets lost or destroyed.
Do You Need a Defective Product Attorney?
If you do not have legal or manufacturing experience, establishing you deserve compensation for a defective product injury can be challenging. It may benefit you to work with a product liability lawyer from our law firm who can help you construct a robust claim. Our legal team can do the following:
- Investigate the cause of your injury
- Prove a product defect existed
- Gather evidence to support your claim
- Hire and consult with subject matter experts
- Send a spoliation letter to potentially liable parties demanding they preserve and share evidence in their possession
- Communicate with involved parties on your behalf
- Draft and file your insurance claim or lawsuit
- Track and manage deadlines
- Negotiate for the maximum compensation
- Represent you at trial if necessary
If you are one of many victims harmed by the same defective product, you may be able to join with other plaintiffs to take legal action. If it applies to your case, we can tell you more about your options for joining a mass tort, class action, or multi-district lawsuit. We help clients across Texas with the following product liability issues:
- Dangerous drugs
- Defective medical devices
- Defective vehicles
- Dangerous appliances, furniture, and household goods
- Food or beverage poisoning
- Hazardous materials and chemicals
Contact Loncar Lyon Jenkins About Your Defective Product Case Today
Loncar Lyon Jenkins can help you build a strong defective product case. Our team will gather crucial evidence and prove you deserve financial compensation.
Contact us for a free consultation and learn how we can represent you for nothing upfront or out of pocket. Connect with a product liability lawyer in one of our law offices near you today.