Product Liability in Dallas, TX

Product Liability

At Dunk Law Firm, our product liability lawyers are skilled in the laws that protect consumers against the harm posed by defective products. When a consumer sustains an injury due to a faulty product, a number of parties can be held liable for launching a product that they knew or should have known posed a risk to consumers.

The jurisdiction wherein the product liability case is filed will determine the liability of those involved in the chain of commerce as the defective product passes from the manufacturer to the consumer. An individual or company can be held accountable for a number of products ranging from defective medical devices to foods that cause food poisoning.

If you or somebody you know has been injured by a defective product, you might be entitled to compensation. The attorneys at our law practice have a successful history of litigating product liability claims and recouping compensation for their clients. To see if our attorneys can help you, please submit our no charge, no obligation case review form today.

Manufacturing, Design, and Marketing Defects

If a person is hurt by a defective product, they might have grounds to file a claim against the manufacturer, wholesaler, or distributor, depending on the kind of defect The two main categories of product defects under federal law are design defects and manufacturing defects.

Manufacturing Defect

These are caused by an error in assembly and are not intended to be part of the product. This type of defect will typically only be found in a small percentage of a company's manufactured products. Based on the concept of strict liability, a manufacturer is liable for any manufacturing defects that happen due to faulty construction, regardless of whether they took care throughout the manufacturing process. The plaintiff has to prove that the defect allegedly behind their injury existed at the time of departure from the manufacturing facility where the goods were made.

Design Defect

A design defect is a flaw in the original blueprint of a product that causes it to be unreasonably hazardous and creates a risk for potential consumers. This type of defect will generally be found in all of a company's manufactured products.

Three questions are asked to determine whether a design defect exists:

1. Was the product's design unreasonably dangerous prior to manufacturing?
2. Was it plausible to anticipate the design of the product could injure a potential consumer?
3. Could the manufacturer have used a better design that was economically feasible and would not change the purpose of the product?

If any of these questions are answered affirmatively, the victim might have grounds for a design defect case and should speak with one of our lawyers immediately.

Failure to Warn

A products liability claim can also be brought for a manufacturer's failure to warn of potential risks. Any party in the chain of distribution can be responsible if warnings or directions could have prevented injury from foreseeable risks or if the warnings themselves, when followed properly, resulted in the injury.

Who Can Be Held Accountable for a Defective Product Injury?

Depending on the specifics of the claim, an injured consumer can seek compensation from one or more liable parties, including manufacturers, wholesalers, and/or retail shops. Determining the defendant in a product liability case is not a matter of choosing one liable party over another; any party involved in a defective product's chain of distribution might be held accountable with a product liability lawsuit. When beginning to assemble a case for a defective product, it is necessary to include any party associated with the chain of distribution.

• Manufacturer: This can include a big multi-national company, an individual working out of his or her garage, or any parties involved in the design or marketing of the product. Depending on the size of the product, plaintiffs can include the manufacturer of the faulty component, as well as the manufacturer of the whole product.
• Retailer: When a retailer advertises a product to buy, it is impliedly guaranteeing the product is safe and suitable for use. If a consumer purchases a faulty product, the seller of that item, even though they were not involved in its manufacture, can be held liable for damages.
• Wholesaler: The wholesaler is considered the "middleman" between the manufacturer and the retailer.

Any or all of the above parties could be held accountable for damages resulting from an injury due to a faulty product.

What Damages Can an Attorney Help Me Recover in a Product Liability Lawsuit?

Damages for injuries caused by faulty products are typically compensatory, special, or punitive. When a product liability claim succeeds, the plaintiff may be eligible for damages covering:

• Compensatory Damages: These damages are intended to make the plaintiff "whole" again after the accident or injury. They can be split into two different types: actual and general.
• Special Damages: These damages compensate the plaintiff for any type of calculable out-of-pocket expenses or financial losses, including the following: medical and hospital expenses, lost wages, cost of substitute transportation and the cost to repair or replace damaged property.
• General Damages: These damages attempt to compensate the plaintiff for losses that can not be easily determined, monetarily. These typically include the following: pain and suffering, mental suffering, medical expenses, value of future lost wages, loss of consortium and loss of life's pleasure.

Medical bills can also spiral out of control, especially when it comes to major accidents or malpractice, which could also be associated with your product liability case.

Elements of a Successful Product Liability Case

In a product liability claim, plaintiffs are required to prove the following aspects in a negligence claim:

• The plaintiff was hurt or suffered losses: The plaintiff needs to present actual injury or financial loss as a result of using the defective product. Without actual injury or damage, there is no claim.
• The product is faulty: The plaintiff must prove that the product either had a design defect or manufacturing defect, or that the company neglected to warn of the dangers of the product.
• The defect was the actual and proximate source of the injury: The injury sustained must have been caused by the defect itself. The defective product needs to also be the proximate source of the injury. Thus, the defendant will not be liable where an interfering act supersedes the faulty product as the proximate cause of the injury.
• The product was being used as intended: The product has to have been used in a way the manufacturer meant to be used or in a way the manufacturer could expect a reasonable person to use it.

Injuries resulting from faulty products can lead to substantial physical, emotional, and financial strain. If you or a person you know has been hurt by a faulty or defective product, the attorneys at our office may be able to help. To get in touch with one of our product liability attorneys, please fill out our no cost, no obligation case review form today.

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