Product Liability Attorneys in Pearland, Texas
You expect a product—any product—to work when you buy it. You don’t expect it to cause you any harm. Everything from your food and clothing to your lawn equipment and household appliances fall into this category. If there is anything in the product that is fundamentally unsafe, you can expect a warning and instructions. Regrettably, not every product that makes it to the shelves or online is safe to use.
Every day, many dangerous and defective products are sold to consumers. You may not realize a defective product until you are injured by it. You can then have a lot of questions. Who is to blame for this? Is it possible for you to get compensated?
Call Scott M. Brown & Associates for answers to all your product liability inquiries. Our product liability attorneys in Texas are well-versed in the ins and outs of product liability law.
We’ll take a close look at your situation and assess the liability. If evidence exists that a company is to blame, we will assist you in pursuing compensation. Call our personal injury law firm to find out how we can help you when a defective product has caused you injury. You can also book a consultation with us by contacting us online.
What is Product Liability?
Not all consumer products are as safe as they should be. It’s possible that a product you think is safe—or as safe as it can be—has flaws. There can be a flaw in that product, increasing the chances of it causing you injury. It is possible that you will be injured if you use a defective product.
Product liability is the legal responsibility of a manufacturer, retailer, or other entity for harm caused by defective products. If you are injured while using a product – such as a vape pen or a home item – as intended or as commonly used, you should speak with one of our product liability attorneys about your right to seek full and reasonable compensation.
What Are the Common Product Liability Cases That We Handle?
Our experienced product liability attorneys at Scott M. Brown & Associates handle claims involving all types of defective and harmful products. Give us a call about whatever it was that caused you harm. We’ll thoroughly investigate your case, acquire and evaluate evidence, and establish whether a firm is responsible for your injuries.
The following are some of the most prevalent product liability issues we handle:
The US Food and Drug Administration (FDA) must approve a drug before a doctor may prescribe it. On the other hand, many approved medications are later discovered to be hazardous. Drugs can be on the market for years before regulators understand they’re linked to harmful and fatal patient outcomes.
Certain birth control pills, heartburn, acid reflux medications, testosterone, Zofran for anti-nausea in pregnant women, certain antidepressants, and certain antipsychotics are all harmful pharmaceuticals. Call a defective product lawyer immediately if a prescription medication wounded you in a way that was not expected.
You’re also at risk of buying and taking harmful over-the-counter medications. The FDA does not approve OTC drugs. They are sometimes only tested after they have been placed on the shelf. This means you may walk into a store and buy tainted medicine. You may sustain a significant injury after taking such medication once or after several times. If an over-the-counter medicine has harmed you, contact our experienced product liability attorneys immediately.
Medical devices, like prescription drugs, must be approved by the FDA. Unfortunately, authorities realize that specific medical devices are linked to severe and life-threatening unfavorable side effects after months or years of use.
Specific knee and hip replacements, hernia and vaginal meshes, the power morcellator, IVC filters, and certain breast implants are all examples of potentially dangerous medical devices. If you have suffered a severe injury due to medical devices, get in touch with us immediately.
Vehicle and auto parts are the most common reasons for defective product claims. Given the size and weight of vehicles, as well as the potential for harm in the event of a collision, every car on the road must be in good functioning order.
However, no matter how carefully you or someone else maintains their vehicle, the chance of a fault cannot be avoided. If a portion of your car isn’t built or fitted correctly, you, your passengers, and others are at risk.
Brakes, fuel systems, seat belts, electronic stability control (ESC) systems, power steering, tires, transmissions, and airbags are typical auto problems. Do not hesitate to contact one of our product liability attorneys at Scott M. Brown & Associates if you were injured in an automobile accident due to a flaw in your or someone else’s vehicle.
Toys and Children’s Items
Toys and other products for infants and children are frequently defective. Choking, strangulation, or suffocation hazards may occur if certain products are designed or manufactured poorly. Large items may be constructed in such a way that it is at risk of tumbling over, consequently trapping and hurting children.
Foods, pharmaceuticals, and teething products all have the potential to contain potentially dangerous compounds. Children’s products are occasionally made of combustible materials, putting them at risk of flames and burns. Products manufactured to seem like sweets and eaten by children are another type of malfunction.
If your child has been injured and you believe it was caused by a product that was not as safe as it should have been, please get in touch with us as soon as possible.
What Are the Different Types of Product Defects?
Any product can be defective in a variety of ways. The kind of defects that cause injury, on the other hand, usually fall into one of three categories:
When a product’s specs fail to produce a product that is as safe as it could be, it is said to have a design defect. The product’s intended design is defective in specific ways, putting the final product on the market at unnecessary risk of harming consumers.
Every product developed and sold involves the danger of injuring someone when they use it if it is misdesigned.
Many power tools, for example, contain design flaws. Even if possible, a huge saw may not be equipped with any guards or measures to safeguard a user’s extremities.
When something goes wrong during the manufacturing and assembly, one or more goods may have a manufacturing defect. A manufacturing defect occurs when a product fails to adhere to the intended design.
Manufacturing flaws may affect a single product or a small number of them. On the other hand, manufacturing faults frequently harm vast quantities of items in today’s world of mass production. A medical gadget or drug that must be sterile is an example of a manufactured product.
A malfunction during the manufacturing, assembly, or packaging process, on the other hand, contaminates the device or medication. This poses a severe risk to individuals susceptible to infection from non-sterile items.
Not all products are entirely risk-free. Many of the goods we buy and use daily are dangerous. A lawn mower, for example, has powerful revolving blades that can result in lacerations and amputations. Curling and flat irons can get extremely hot, resulting in burns. Not all of these items have flaws in their design.
They are designed to be as safe as feasible in many circumstances. Warnings and instructions are included with the items to mitigate the dangers. Failure to warn is evidence that a product lacks the necessary cautions and instructions. It’s also called a marketing flaw.
What to Do After a Serious Injury From a Product?
Consumer products that you are not aware are unsafe may have an impact on you and your family. A product liability case in Texas can be filed if there is a problem with how the product is developed, manufactured, or labeled.
Your initial impulse can be to call the product manufacturer and tell them of the potential dangers. However, there is a risk that the corporation will respond in an undesirable manner.
You may expect the corporation to identify the risk, remove the product from the shelves, and cease promoting it immediately. However, this is not always the ideal way to resolve a problem with a harmful product because the corporation may not take your concerns seriously or even blame you for the damage you or a family member have suffered as a result of the item.
The Consumer Product Safety Commission provides detailed information on a wide range of consumer product recalls in the United States. Trying to keep track of several products named in a recall on your own is perilous, let alone the products that have not yet appeared as a danger due to a lack of consumer reporting to the CPSC.
Talking to the CPSC and our expert product liability attorneys is a fantastic method to communicate your initial concerns about a possibly unsafe product.
No one expects to be harmed while using a product they purchased. A product liability case may be based on a lack of sufficient instructions, but there may also be flaws in how the device was designed or manufactured that serve as the basis for your legal claim. Scott M. Brown & Associates is ready to assist you with your product liability claim.
Anyone who has been injured in a product liability lawsuit is performing a service not only to themselves by recovering compensation for their injuries. They are also contributing to society by raising awareness about how products are manufactured and marketed while holding companies accountable for cutting corners or failing to warn the public about serious risks.
Finding yourself using a defective product can be daunting. Still, our Scott M. Brown & Associates team understands that gathering evidence, writing notes about how the injuries occurred, and keeping the packaging, when applicable, can be crucial during your product liability claim.
What is Product Liability Law?
The Texas Product Liability Act is a product liability statute that is very stringent. When a party is judged strictly liable, it implies they are legally responsible for your injuries regardless of whether they caused them.
The product is the responsibility of the manufacturer. As a result, the maker is liable for any harm caused by its product. It makes no difference whether the consumer has been careless, reckless, or acted intentionally dangerously.
If you have been injured by a product and believe it has a design, manufacturing, or warning problem, contact one of our experienced product liability attorneys immediately. You may have the legal right to sue the manufacturer, seller, or other parties for product liability.
While Texas holds manufacturers strictly accountable, you have the option of filing a product liability claim using a different legal theory. You may have proof that another person can be held irresponsible and that this conduct has resulted in the defective and dangerous product that has caused your injuries.
In some cases, you may be able to prove that another party has violated an implied or express guarantee or has committed fraud in relation to the product. You must be able to establish a link between the defective goods and your current injuries if you assert a breach of warranty or fraud.
Call Scott M. Brown & Associates now to explore the legal basis for your product liability lawsuit and learn more about strict responsibility.
What Are the Three Types of Product Liability Claims in Texas?
A product liability claim is filed when a defective consumer product injures someone. When this happens, the wounded victim can file a product liability lawsuit against the defendant for monetary damages.
A manufacturer, a retailer, or any other person in the distribution chain can be named a defendant. The victim doesn’t need to be the person who purchased the merchandise.
Design Defect Claims
In a design defect claim, the victim claims the problem is with the product’s design. Because of its engine design, a lawnmower, for example, can pose a risk. Even though the manufacturer constructed the product according to the design, the product is still unreasonably harmful according to a design fault.
Manufacturers push back hard against charges of design flaws because if they lose the case, they may have to pull the product from the market and redesign it before reselling it. Otherwise, they may be subjected to a slew of product liability lawsuits in the future.
Manufacturing Defect Claims
The victim of a manufacturing defect claim asserts that the problem occurred because the product was not manufactured according to the design. It’s possible that the defect was created on purpose.
For example, the manufacturer may have cut corners to save money. In certain circumstances, the flaw may have been entirely unintended.
Warning or Label Defect Claims
Even if there are defects in a product, it can still be beneficial. Even when it is unnecessarily dangerous for certain types of individuals, a prescription drug, for example, may save many lives. Regardless of whether the threat may be avoided or is unavoidable, the maker must issue a warning.
For example, the label on a bottle of prescription medication may specify that pregnant women should not take it. It will be liable if it does not contain this notice. On the other hand, a producer is not responsible for advising against every possible problem in a product. It is only responsible for problems discovered through a reasonable inquiry and testing process.
Even if there is a warning on the goods or in its documentation, an injured party may be able to obtain a warning defect claim. This may occur, for example, if the warning is:
- inadequately worded
- inadequate to protect the consumer for some other reason
When in doubt, speak with one of our knowledgeable product liability attorneys.
What Do You Have to Prove to Win a Product Liability Claim in Texas?
To win a product liability claim in Texas, you must prove the following factors.
- The defect caused an injury (or a death)
- The product was defective at the time it injured the victim
- The product’s defect was unreasonably dangerous
- The product reached the consumer in the same condition that it was in when it left the manufacturer’s custody
- The product’s defect caused the injury
- The defect arose from the defendant’s negligence or other misconduct (unless the defendant is the product manufacturer)
You don’t have to prove that the product maker was at fault if you file a liability claim against them. Manufacturers, in essence, ensure the safety of the items they create. You must prove fault to win a lawsuit against any other product’s distribution chain entity.
Furthermore, in a product liability case, you cannot sue a private person (your next-door neighbor who loaned you his chain saw, for example).
If a person dies due to a product flaw, Texas wrongful death law authorizes the victim’s spouse, children, or parents to pursue a product liability wrongful death claim. The personal representative of the deceased victim’s estate may file the lawsuit if the immediate family does not do so within three months of the victim’s death.
The personal representative is almost always a close relative of the deceased victim.
How Can Our Product Liability Attorneys Help You?
Cases involving defective products and product liability are difficult to prosecute, expensive, and difficult to prove. It is best if you had Scott M. Brown & Associates’ experienced and aggressive product liability attorneys on your side.
Our personal injury attorneys in Texas will take the following steps on your behalf:
- Obtain statements from any witnesses
- Collect evidence
- Retain expert witnesses to support your claim
- Analyze your medical records to determine the full extent of your serious injuries
- Document and calculate your property damage, loss of work, and pain and suffering
- Connect you with any additional help you may need, such as medical care, counseling, or personal assistance
- Compile evidence from recall notices from the Consumer Product Safety Commission (CPSC) or the Food and Drug Administration (FDA), along with any existing independent studies
- File your product liability lawsuit
- Negotiate a full and fair settlement or continue with the defective product lawsuit
Scott M. Brown & Associates will keep you informed about your personal injury case status and will return your calls and emails promptly. If a loved one died due to a defective product, we can assist you in determining if you have a legal entitlement to compensation through a wrongful death case.
We aim to take the worry out of the legal process so you can concentrate on yourself and your loved ones. Our experienced product liability attorneys can hold negligent parties liable for designing and manufacturing deadly pharmaceuticals, vehicle components, and other defective items.
What Compensation is Available in Defective Product Cases?
Individuals injured due to an unreasonable faulty product can seek economic and non-economic damages from the product’s manufacturer or other guilty parties.
You may rely on our Texas product liability attorneys to fight for compensation for:
- Medical bills (present and future)
- Lost wages
- Rehabilitation and therapy
- Pain and suffering
- Mental anguish
- Disfigurement and scarring
- Loss of enjoyment of life
- Wrongful death and more
We will not only fight to make sure your monetary award covers all of your losses. We will also work hard to make sure such damages are compensated. That is how we will be able to assist you in getting all of the money you deserve.
What is the Statute of Limitation When Filing Product Liability Lawsuit in Texas?
If you are injured in Houston due to a defective product, you may be entitled to compensation. You will, however, have a limited amount of time to file a lawsuit or injury claim.
Most product liability cases in Texas must be brought within two years of discovering an injury but no later than 15 years after purchase.
As a result, there is no time to waste. Don’t hesitate to get in touch with Scott M. Brown & Associates to learn more about how our Texas product liability attorneys may be able to assist you in obtaining compensation for your injuries.
Contact Our Texas Product Liability Attorneys Today
Never accept a personal injury settlement without consulting with one of our experienced product liability attorneys. Scott M. Brown & Associates’ product liability attorneys will review and honestly evaluate your faulty product injury claim.
Our legal team may be able to assist you in recovering financial compensation for your catastrophic injuries, such as medical bills and lost earnings. Our personal injury attorneys can assist you in determining your legal alternatives for financial recovery and helping you get the most out of your settlement.
Contact us today to learn more about our client-centered approach to legal practice and what sets Scott M. Brown & Associates apart from the competition.