Hurt Due to a Defective Product in San Antonio?
Get a Texas personal injury lawyer for your product liability claim
Toys, household appliances, and cellphones are just some of the products people take for granted but sometimes, these products cause great harm. A product designed to help you or bring joy to your child might actually cause serious injuries due to a design defect. If you’ve been injured by a defective product, you have rights, and a San Antonio personal injury lawyer from the Herrera Law Firm can protect those rights. Get the compensation you need and deserve. Contact us today for a free consultation.
Product injuries include burns, loss of sight, internal injuries, and amputation or loss of limbs, among others. If a product is defective and unsafe or fails to meet design, construction or performance standards, you may have grounds for a defective product lawyer to help you file a lawsuit.
What is product liability?
Product liability is the area of law that holds companies accountable when a product they design, build, or sell injures someone because it's defective or unreasonably dangerous. Unlike many personal injury claims, Texas product liability cases are generally based on strict liability, which means you don't have to prove the company was careless.
You have to show the product was defective and that the defect caused your injury. This makes a defective product lawyer especially valuable, since these cases still require detailed technical evidence even without having to prove negligence.
Can I sue for a defective product?
You may be able to file a defective product claim if a product causes you or someone you love harm due to being defective or unsafe. Examples of how defective products cause harm include:
- A lamp, toaster, cellphone or laptop computer injures a user (for example, an electric shock or a fire).
- A dangerous toy or defective children’s product can be a choking hazard, can catch fire or pose another safety issue.
- Dangerous drugs or defective medical devices can cause harmful side effects.
- Food poisoning from tainted food.
These types of defective product cases, or product liability claims, include manufacturing defect cases, design defect cases and cases in which there were insufficient instructions or warnings on the product.
Who can you sue for a defective product?
A defective product claim doesn't stop at whoever sold you the product. Depending on how the defect occurred, liability can extend to:
- The company that manufactured the product
- The distributor who moved it through the supply chain
- The retailer or store that sold it to you
- The designer responsible for how the product was engineered
- An installer if improper installation contributed to the defect
- A third-party testing or certification company, in certain circumstances, if its conduct contributed to the defect or the product's unsafe condition.
A thorough investigation is often needed to determine exactly which parties share responsibility.
What compensation can you recover in a product liability case?
Victims of defective products may be entitled to compensation for pain and suffering, medical bills, both past and future, and lost income if the injury kept you out of work. Depending on the severity of the case, compensation may also include long-term care costs, disfigurement, and loss of quality of life. The more serious and permanent the injury, the more significant those damages become.
What determines the value of a product liability claim?
No two product liability cases have the same value. Compensation depends on factors such as the severity of the injuries, the cost of medical treatment, future medical needs, lost income, pain and suffering, and the strength of the evidence proving the product was defective and caused the injury.
Our firm has secured substantial results in product liability cases, including a $50,000,000 verdict, a $10,600,000 settlement in a worker's wrongful death product liability case, and a $438,000 verdict in another product liability matter. While every case is different and past results do not guarantee a similar outcome, they demonstrate our commitment to pursuing the maximum compensation available.
Some cases our personal injury attorneys help victims in San Antonio with include:
How long do you have to file a product liability claim?
In Texas, you generally have two years from the date of your injury to file a product liability lawsuit. Waiting too long can permanently bar you from recovering compensation, even if the product clearly caused your injury. Because product liability cases often require locating the original product, preserving evidence, and consulting technical experts, it's important to speak with a product liability lawyer as soon as possible after being injured.
Whatever type of case you’re dealing with, make sure you take strong legal action right away. Make sure you contact the Herrera Law Firm.
