Houston Product Liability And Defective Products Lawyer
Defective products can cause serious injury and even death. Contact the Molina Law Firm to discuss your case.
Everyone has heard stories of defective products that have harmed people. From electric blankets that catch fire to laptop batteries that can explode. These cases can also involve car seatbelts, car tires, car airbags, and children’s toys. Call Molina Law Firm when you need a Houston Product Liability Lawyer. These cases can even involve medical devices such as hip replacements, vaginal mesh products, and hernia mesh products. Consumers are surrounded by more mechanical and electrical products than ever before. Sometimes, to cut corners or costs, companies start selling products without adequately testing them for safety. It could be that during the testing, the company did not even consider certain scenarios. Sometimes, companies put profits over safety.
If you or a loved one has been injured due to a product you purchased, then the manufacturer, distributor, or even the seller may be held liable.
What makes us different
The Molina Law Firm has been representing product liability injury victims for over 20 years, helping them navigate the sometimes complex legal fight against corporations and ultimately insurance companies. Remember that when you retain Attorney Rick Molina, you pay nothing upfront and we only collect a percentage of the compensation you receive only when we have won your case. Don’t go against the insurance carriers alone. Attorney Rick Molina will aggressively represent you and fight on your behalf. We have the knowledge, resources, and experience to get you all the compensation you deserve for your loss, pain and suffering.
No Win, No Fee
Product Liability Statistics
Product liability claims are filed every day. Although there are several governmental agencies tasked with protecting consumers from harmful products on the market, it is usually left to consumer organizations to detect and follow up on defective products. Some statistics include:
- In 2014, 7% of all personal injury cases were product liability cases
- Injuries caused by toys fluctuate wildly from year to year, in 1997 there were 141,000 cases, in 2001 there were 255,000. In 2006 there were 30,000 cases
What Constitutes A Product Defect?
There are two main types of product defects under federal law: design defects and manufacturing defects. A design defect is a flaw in the original blueprint of the product that causes a hazard for users. If a design defect is found then most likely all of the products manufactured will be defective and possibly dangerous. To successfully file and win a design defect case that resulted in your injury, the plaintiff must prove:
- that the design was unreasonably dangerous prior to production,
- that the design defect could have been plausibly anticipated and
- that the manufacturer had the option of a superior design that was economically feasible and would not alter the purpose of the original design
Manufacturing defects are flaws that are created in the process of making the product and are not intended to be part of the design of the product. This manufacturing defect could be found in a small number of products or an entire manufacturing cycle depending on when the defect was found. A manufacturer is liable for any manufacturing defects that results in faulty construction. To win a case, the plaintiff needs to prove that the defect responsible for the injury was present when the product left the manufacturing facility.
If this seems complex, it is because it is. To successfully file a defective product liability case, it is very important to retain legal counsel from an experienced personal injury attorney.
The claimant must show that carelessness in the design or manufacture of the product led to his or her injuries. The injured party first must demonstrate that the defendant had a duty to sell a safe product. The consumer then must show that the defendant breached this duty. A “breach of duty” can be shown if the plaintiff can prove that the defendant knew or should have known that the product was defective. The plaintiff must also prove that the defective product caused their injuries.
In general, products liability cases are pursued under the theory of strict liability. With these claims, the injured party is only required to prove that a defect in a product exists and that an injury was sustained as a result. If a defect exists, the manufacturer may be strictly liable for any resulting damages, regardless of whether they exercised extreme caution and care when manufacturing the product.
Breach of Warranty
When a good is sold, there are two warranties the buyer relies on: the express warranty and the implied warranty. Express Warranty: Any representation about the product and its safety made by the manufacturer or retailer. Implied Warranty: An implied promise by the manufacturer (or other liable party) that the product, if used as intended, will not cause any harm. The breach of warranty cause of action covers any person who would reasonably be expected to use to product.
If you or a loved one has been seriously injured or ill due to a defective product, it is important that you get an experienced personal injury attorney to help you. Time is important. Contact us.
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Frequently Asked Questions About Product Liability Lawsuits
There are many factors that contribute to how much you can expect to be compensated in a defective product claim. When it comes to damages, they are in three broad categories:
- Special Damages are those actual out of pocket expenses you are accruing such as medical bills or costs to repair any property damage
- Compensatory Damages are intended to make the plaintiff “whole”after the accident or injury.
- General Damages attempt to reimburse the plaintiff for losses that cannot be easily calculated. These typically include the following: pain and suffering, mental anguish, medical expenses, lost wages, loss of consortium, and loss of life’s enjoyment.
Depending on your case, an injured consumer can seek damages and compensation from one or more liable parties that include the complete chain of product development, from the company that designed the product, to the manufacturers, to distributors and retail outlets. Typically, a personal injury attorney will include all parties involved in the chain of distribution as defendants in a defective product liability case.
Yes it is. Food injury related cases has been on the rise lately as you can see from people getting sick eating anything from vegetables to meats. There have been huge recalls related to illnesses that are food-borne. Blue Bell Ice Cream, notably, went through a very rough patch when listeria was found in Blue Bell ice cream.