Manufacturers have a responsibility to ensure that their products are safe and that customers have the necessary information to use them safely. However, many defects can occur during the manufacturing, design, and marketing processes—putting customers at risk of injury.
If you are injured due to a product flaw, the McAllen product liability attorney at De La Garza Law Firm can help. We represent Texas residents in their lawsuits against manufacturers, distributors, and retailers of dangerous and defective products.
Why Choose Us?
- We believe in open and direct communication throughout the case process. Our attorney will handle your claim from start to finish and will always be available to answer your questions.
- Our firm takes on a limited number of cases at a time, allowing us to dedicate as much time and resources as possible to achieving the best possible outcome for our clients.
- Our firm operates on a contingency fee basis. If we do not secure compensation in your case, you do not have to pay legal fees.
Types of Product Defects Recognized by Texas Law
Product liability lawsuits in Texas follow a strict liability standard. This means that you do not need to prove an at-fault party’s negligence to secure compensation after a product defect injures you. Texas law recognizes three types of product defects: manufacturing, design, and failure to warn.
- Manufacturing defects occur when a product sustains a flaw during the manufacturing process. As a result, the product becomes dangerous and defective. For example, a batch of medicine tainted by a toxic substance is a manufacturing defect.
- Design defects occur when a product’s design is inherently harmful. For example, if a tea kettle is prone to exploding due to its design, it can cause serious injury to a person who is using it. In this situation, a less dangerous design could have been used and the design is inherently defective.
- Failure to warn involves a manufacturer’s failure to include adequate safety instructions or warnings on the product. For example, say a prescription medication has adverse reactions with aspirin and the product label fails to mention this interaction. The manufacturer failed to include adequate safety instructions and did not adequately warn consumers of this danger, and it resulted in serious injuries.
A Mcallen product liability lawyer will be able to investigate your accident and determine what type of defect caused your injuries. Contact De La Garza Law Firm to start working on your case, we can discuss your accident during a free initial consultation.
Damages Available in a Defective Product Claim
Through a product liability lawsuit, you can recover compensation for the economic and non-economic damages you sustained due to the product defect. Economic damages include your financial losses resulting from your injuries, while non-economic damages involve your pain and suffering. Common damages available in a defective product claim include the following.
- Medical expenses
- Long-term medical care costs
- Disability accommodations
- Property damage
- Lost wages
- Loss of future income
- Chronic pain
- Disability
- Disfigurement
- Emotional distress
- Loss of quality of life
- Post-traumatic stress disorder
- Depression and anxiety
How Long Do I Have to File a Claim?
Under Texas law, many civil lawsuits are subject to the statute of limitations, or a deadline for filing a claim. You have two years after being injured to file a lawsuit for a defective product. If you do not file within the applicable time period, the court will dismiss your case.
Elements of a Valid Product Liability Case
If you or a loved one suffered damages caused by a defective product or medication, you may be able to recover compensation through a product liability lawsuit. Product liability law requires to prove the following elements in order to have a valid case against a manufacturer, company, seller, or other responsible parties.
- You suffered an injury or other damages
- The product is defective (design defect, manufacturing error, or failure to warn of hazard)
- This defect caused your injury
- You used the product as it was intended
An experienced lawyer will be able to determine if you have a valid defective product case and can pursue damages from the at-fault party or parties.
Contact a McAllen Product Liability Attorney
If you have been injured by a defective product, you have the right to hold the manufacturer, distributor, or retailer accountable for your damages. In these situations, the product liability lawyer at De La Garza Law Firm can help. Contact us today to schedule your free consultation with our experienced personal injury lawyers and discuss your legal options.
