Texas consumers buy millions of products every year. When products hit store shelves or arrive to us by delivery, we expect these products to be safe for use and consumption. The Dallas product liability lawyers at Benton Accident & Injury Lawyers can help you. Contact us at (214) 556-8321.
After all, manufacturers have duties to make their products safe or warn consumers of any known risks and dangers. When consumers are harmed by products due to a manufacturer’s negligence, they can be entitled to financial compensation for their injuries.
Our lawyers have helped Texas consumers seek justice through product liability claims. If you were injured due to a defective product, failure to warn, or other product malfunction caused by negligence, we can help you navigate the path toward financial recovery. Contact our law office for a free consultation to learn more.
How the Product Liability Lawyers at Benton Accident & Injury Lawyers Can Help After a Defective Product Injury in Dallas, TX
Like many personal injury cases, product liability claims can be hard to win without skilled legal help. Companies that make and sell consumer products already have lawyers, experts, and insurance companies on their side to handle consumer complaints.
When you retain Benton Accident & Injury Lawyers, we will:
- Thoroughly investigate the incident and the product defect involved with your injuries
- Determine whether the product was ever recalled, facing recall, or investigated by the FDA
- Collect all available evidence to prove your claim
- Hire skilled experts to review the product and its damage
- Estimate the potential worth of your product liability claim
- Negotiate with insurance companies to pursue a fair settlement
- File a product liability lawsuit on your behalf
- Take your case to a jury trial when needed to achieve justice
Compared with many other personal injury lawsuits, product liability cases can require detailed evidence that can be complex and technical in nature. Experienced product liability attorneys like ours will do the hard work for you and take every step to build your claim. Call our legal team to learn more about how our Dallas personal injury attorneys can help you today.
What Is Product Liability in Texas, and How Do I Prove My Case?
Companies that manufacture and sell consumer products have duties to provide safe products to their consumers. If a product has a known risk of danger, companies must warn shoppers about any known risks. Inherently dangerous products, such as chemical products or power tools, must also be marketed with effective warnings for their use. Despite the many safeguards in place, millions of American consumers are injured by defective products every year.
Under Texas product liability law, manufacturers can be held under strict liability for injuries caused by their products. This means that manufacturers can be responsible for a victim’s injuries even if they were not negligent in the design or manufacture of the product.
Some common examples of product liability in Texas include:
- Dangerous toys for children
- Dangerous electronic devices and batteries
- Defective home appliances and power tools
- Defective medical devices such as defibrillators or joint replacements
- Pharmaceuticals with dangerous side effects or poor packaging
- Cosmetic products posing health dangers
- Defective auto parts (tires, car seats, airbags, brakes, or other systems)
- Defective or dangerous workplace machines
- Contaminated food products
In Texas, understanding product liability is important to hold companies accountable for defective products.
Common Types of Product Defects
Texas law recognizes four main types of product defects for which consumers can bring claims. These include:
Defective Manufacturing
A manufacturing defect exists when a product deviates from its normal design specifications, or there is a flaw in its regular performance standards. When most other versions of the same product worked fine, but the product in question failed and caused injury, defective manufacturing could be to blame.
Defective Design
A product is designed defectively when:
- When the product’s risks outweigh the potential benefits for consumers
- When a safer design was possible but not followed (due to cost concerns or other reasons)
Your Dallas product liability lawyer will approach a defective design lawsuit using the evidence in your case and expert analysis to prove why you are entitled to damages.
Failure to Warn
Product manufacturers have duties to warn consumers of any known risks tied to a product. Lack of safety warnings or labels can lead to a product liability claim under this legal theory.
Breach of Warranty
Some products carry express or implied warranties. When the product does not meet the terms of a warranty, consumers could have breach of warranty claims. Failures to meet safety or quality standards are commonly involved in breach of warranty claims.
Can I File a Claim if I Shared Blame for an Accident in Texas?
Yes, you can, in many cases. Texas follows a modified comparative negligence law, which means you can seek damages even if you share some responsibility for the accident. Under the Texas “proportionate responsibility” standard, accident victims can pursue damages as long as they are not 51% or more liable for causing the accident. However, your payment could be reduced in proportion to your share of liability.
What is the Deadline for Filing a Product Liability Lawsuit in Texas?
The statute of limitations in Texas is two years in most personal injury cases. The two years starts running from the date of the incident. If your injuries were not (or could not have been) discovered until later, the deadline will start running from the date of discovery. Your attorney will advise you on your situation and file your lawsuit promptly.
Our Dallas Product Liability Lawyers Can Help You Today
If you or a loved one were harmed by a defective product in Dallas, Texas, you could be entitled to compensation for your losses. The devoted Dallas product liability lawyers at Benton Accident & Injury Lawyers are ready to help you with your product liability claim. Call our legal team today to schedule a free consultation.
Visit Our Personal Injury Law Office in Dallas, TX
Benton Accident & Injury Lawyers
1825 Market Center Blvd #350
Dallas, TX 75207
(214) 556-8321
Open 24/7
