When you buy a product, you trust it to be safe. Sadly, some items harm people because of defects. You need to know your rights if you or a loved one gets hurt due to a faulty product in San Antonio. At The Major Law Firm, we're here to help and guide you through the legal process.
Each year, many people in San Antonio suffer because of defective products. These defects can come from poor design, product errors, or not warning the buyer about risks. Our experienced attorneys understand the ins and outs of product liability law. We'll fight for the justice you deserve. If you have questions about a product liability claim, we are here to help you.
Learn more about what is required to file product liability claims below. Then, give us a call to schedule a free consultation to discuss your product liability lawsuit for dangerous and defective products.
Our San Antonio Product Liability Attorney Can Help You With Your Case
A. Initial Case Evaluation and Client Consultation
Meeting with an attorney should be the first step if you believe a product harmed you. In our first meeting, we'll listen to your story, gather facts, and see if you have a strong case. We aim to make you feel comfortable and understood. Remember, our priority is getting the best outcome for you. We may be able to help you recover compensation.
B. Investigating the Product Defect and Its Impact on the Client
Once we take on your case, we'll dig deeper into the product's defect. We'll find out how and why the product failed. Our team will also study how the flaw affected your life. This info will help us build a strong case for you.
C. Identifying Liable Parties and Potential Defendants
Not all product liability cases are the same. The company that sold the product might be different from the one that made it. Our job is to identify everyone responsible. Then, we'll take the proper legal steps to hold them accountable. We will follow all the steps needed to put your case in the best position possible to be successful.
Types of Product Defects
Products can have different kinds of defects. Some have problems with the way they're made. Others might need a better design that makes them safe. And sometimes, the issue is that companies need to give proper warnings about their products.
Understanding the type of defect is crucial for your case. It helps pinpoint where the mistake happened. It could be during the product's design, manufacturing, or marketing. We'll look closely to identify the exact type of defect harming you.
Manufacturing Defects
Manufacturing defects occur when a product isn't made correctly. Even if the design is safe, product errors can lead to dangers. Imagine a bike where the brakes aren't attached right. This type of defect can lead to accidents and injuries.
But how do we prove a manufacturing defect? We'll gather evidence and maybe find other products with the same flaw. We might also look at the factory's quality control processes. Our goal is to show that the product didn't meet safety standards when it was made.
Design Defects
Some products are dangerous from the start because of bad design. This means that every item with that design has potential risks. Think of a toy that easily breaks into small, sharp pieces. Kids could swallow or get hurt by those pieces.
Proving design defects can be tricky. We'll need to show that a safer design is possible and cost-effective. We might bring in experts to testify. They'll explain how the design was flawed and suggest safer alternatives.
Marketing Defects (Failure To Warn)
Even if a product is designed and made perfectly, it can still be unsafe. This happens when companies don't warn users about possible dangers. For example, a medicine might work well but cause side effects if taken with another drug. Without a warning, people can get hurt.
A product's packaging should have clear instructions and warnings. The company might be at fault if these need to be included or clarified. We'll study the product's packaging, ads, and instructions. If we find that vital info was left out, we'll use it to strengthen your case.
Types of Product Liability Cases
Product liability doesn't just cover one kind of item. From toys to tools to medicines, many products can cause harm. The way these products are sold and used can affect the type of case you have.
For example, a faulty toy can hurt a child. An unsafe tool can injure a worker on the job. A drug with undisclosed side effects can harm a patient. Each situation is unique. Our job is to tailor our approach to fit your specific case.
Consumer Products
We all buy and use products every day. From kitchen appliances to toys, these items should be safe. But sometimes, they're not. A blender might have a blade that breaks easily. A toy might have toxic paint if swallowed.
When consumer products fail, they can cause actual harm. Burns, cuts, or even poisoning can result from these defects. Our team will dig into the product's history to see if others had the same issues. If there's a pattern, it can boost your case.
Industrial and Commercial Products
In the workplace, people use many tools and machines. These items need to be even safer because they're often more powerful. A faulty industrial machine can cause severe injuries or even death.
You have rights if you're hurt at work due to a defective product. We'll investigate the product, its history, and its maker. Then, we'll build a case to compensate you for your injuries.
Pharmaceutical and Medical Devices
Medicines and medical devices have a direct impact on our health. They need to be safe and effective. But sometimes, a drug has hidden side effects. Or a medical device, like a hip implant, might break or malfunction.
In these cases, the stakes are high. People can suffer long-term health issues or even die. We'll consult with medical experts, review clinical trials, and dig deep into the product's history. Our goal is to show that the makers put an unsafe product into the market.
Most Common Injuries Caused by Defectively Designed and Marketed Consumer Items
Many injuries can come from faulty products. They can range from minor to life-threatening. To understand the risks, a few common examples include:
- Burns and Scalds: Some products, like faulty electric kettles, can cause severe burns.
- Cuts and Bruises: Broken glass or sharp edges on a product can lead to cuts.
- Choking: Small parts on toys can be a choking hazard for kids.
- Poisoning: Products with harmful chemicals can lead to poisoning if ingested.
- Electrocution: Electrical products with wiring issues can cause electrocution.
It is expected to feel worried and confused after suffering such serious injuries. But you're not alone. Our team will be there for you every step of the way, fighting for the compensation you deserve.
Legal Basis for Product Liability Claims
In San Antonio and all of Texas, product liability laws protect consumers. These laws say that makers and sellers must ensure their products are safe. If they don't, and someone gets hurt, they can be held responsible.
Under Texas law, the makers or sellers can be sued if a product causes harm because of a defect or a lack of warning. Our team knows this law inside out. We'll use it to build the best case for you. Reach out to us today to see if we can recover compensation on your behalf.
Claimants Eligible To Bring San Antonio Product Liability Cases
If a defective product injures you, you can file a case. But you're not the only one. Anyone who was harmed by the product can take legal action. This includes the person who bought it, someone it was gifted to, or even a bystander hurt by it.
However, each case is unique. There might be specific rules or limits based on the product or the injury. That's why it's essential to consult with an expert attorney. We can guide you, letting you know if you have a case and how to proceed.
Parties Potentially Liable for Dangerous Products
In product liability cases, more than one party might be at fault. The product's maker is an obvious choice. But others, like the store that sold it or the company that advertised it, can also be responsible.
Identifying all liable parties is crucial. It ensures you get total compensation. Our team will investigate the product's journey from design to sale. This way, we can pinpoint every party that failed in their duty.
Recovering Damages in San Antonio Dangerous Product Cases
If a faulty product harms you, you deserve compensation. This can cover many things. Medical bills, lost wages, and even emotional pain are all valid claims.
Each person's damages will be different. It depends on the injury, its impact on your life, and many other factors. But no matter your situation, we'll fight for every penny you owe.
Medical Expenses
After an injury, medical bills can pile up. From doctor visits to surgeries to therapy, the costs can be overwhelming. You shouldn't have to pay if a faulty product caused your injury.
We'll gather all your medical records and bills. This will show how the injury affected your health and your wallet. Then, we'll demand compensation to cover these costs, both past and future.
Lost Wages
Being hurt might mean you can't work. Days, weeks, or even months of lost wages can hit hard. But with our help, you can get that money back.
We'll look at how the injury affected your job and income. You may have missed days or needed help to do your tasks. We'll calculate these losses and fight to get you compensated.
Pain and Suffering
Physical injuries aren't the only harm from faulty products. The emotional pain can be just as real and lasting. Sleepless nights, stress, and depression can all result from your injury.
Pinning a dollar amount on pain is complex. But we'll consult with experts, use proven methods, and argue for fair compensation for your suffering.
Punitive Damages
In some cases, the product's makers completely disregarded all safety measures. Maybe they knew of the defect and ignored it. In these cases, the court can award punitive damages. This is extra money meant to punish the guilty party.
Punitive damages aren't common. But when companies act with gross negligence, they can be applied. Our team will look into the company's actions. If they acted very wrongly, we'll push for these additional damages.
Contact Our San Antonio Product Liability Lawyer at The Major Law Firm To Schedule an Initial Consultation
Defective products can turn lives upside down. But with the right help, you can find justice. At The Major Law Firm, we're committed to supporting and guiding you through this challenging time.
Don't wait. Contact us today if a defective product in San Antonio hurts you or your loved one. Our experienced product liability attorneys will review your case for free. Together, we'll fight for the justice and compensation you deserve.
