Dallas Product Liability Lawyers
Sometimes, the products we buy as consumers do not function as advertised or cause unintended injury, illness, or suffering due to a defect. These cases are often due to erroneous mistakes or negligence that occurred somewhere in the chain of production. While these defective products often only cause minor afflictions, there are many cases where serious or life-threatening injuries are born out of a product’s design flaw, manufacturing defect, or unanticipated side effect. Unfortunately, defective products are often only recalled after a victim has sustained injury because many defects are unknown until someone is affected. Commonly recalled products include children’s toys, car parts, pharmaceutical drugs, and electrical equipment.
Product designers, manufacturers, and distributors have a high degree of responsibility in ensuring their products do not present a danger or hazard to the public. As consumers, we trust that this standard of care is faithfully employed. Sadly, this is not always the case and an overlooked malfunction can cause debilitating injury or even wrongful death to unsuspecting consumers. At the The Benton Law Firm, our knowledgeable Dallas product liability lawyers believe victims of faulty products deserve restitution for their undue injuries and are ready to advocate on behalf of injured consumers. To discuss your case with a member of our legal team, please give our Dallas-area product liability lawyers a call at (214) 777-7777 today.
How Can a Lawyer Help With My Product Liability Case?
If you have been injured as a result of a faulty product, an experienced product liability lawyer will be able to understand your case, give you your legal options, and fight to win the compensation that you need to recover from your injuries, make up for missed work, and move on with your life. Taking on a manufacturer, designer, or retailer often means taking on a corporate legal team that believes they can intimidate you with their resources and status.
A product liability lawyer will be able to help you fight to have your voice heard if you are injured due to a defective product. Proving that a company was at fault for your injuries can be challenging, but a qualified lawyer will have the know-how to prove that you were injured as a result of a defective product or design flaw. Ideally, an effective Dallas product liability lawyer will be able to reach a settlement before the case goes to trial, negotiating effectively with insurance companies and corporate lawyers who often try to take the easy way out.
Why Choose The Benton Law Firm?
The Dallas area product liability lawyers of The Benton Law Firm are committed to helping you in the wake of a personal injury case. We understand that injuries from faulty products can cause disruption to your physical and mental well being, as well as your family’s finances in the face of lost wages and missed work.
Our founding partner, attorney Jeff Benton, founded his practice on the idea of advocating for injured people against powerful defendants who believe they can overwhelm the victim with superior legal resources. Attorney Benton often takes cases that other personal injury lawyers refuse to take, and delivers results. This has earned the firm a place in the Million Dollar and Multi-Million Dollar Advocates Form. Named one of the “Best Lawyers in Dallas” for 2018 by D Magazine, Attorney Benton and his legal team are prepared to assist you with your product liability case.
Our team also promises to deliver an exceptional level of service to each case we take on. We do not have case quotas and only wish to give you the best representation possible. Many of our past clients have given highly positive feedback about the attorneys of The Benton Law Firm; take a look at our testimonials to see for yourself. Additionally, our firm proudly maintains a perfect 10 rating on legal services website Avvo, which aggregates experience, reviews, and results.
Types of Product Liability
In certain cases, it can be hard to determine who is responsible for a product defect. Anyone from the manufacturer to the product retailer could have a hand in making a product dangerous. Generally, product liability cases fall into the following three categories:
- Defectively manufactured products
- Defectively designed products
- Failure to provide adequate warnings or instructions
Understanding the nature of your product defect can help determine whether your claim of product liability is valid. In addition to proving that the product in question was defective, you must also prove that the defect caused your injury.
Proving Fault in a Product Liability Case
Product liability cases are unique among personal injury cases in that they use the doctrine of strict liability, rather than negligence. Strict liability, also known as liability without fault, allows plaintiffs to collect compensation without having to prove that the defendant was careless or reckless. Instead, you must prove that:
- The product contained an unreasonably dangerous defect
- This defect was the proximate cause of your injuries, meaning that you would not have been injured if the defect did not exist
- You were using the product as it was intended to be used at the time of your injury
- The product had not been substantially changed from its original condition when it was first sold at the time of your injury
For each broad category of product liability cases, you must also meet a certain burden of proof in order to win your case. For each category of product liability case, there is a different burden of proof:
- Manufacturing errors: If you claim that a manufacturing error caused your injury, you must prove that this product was different than the others of its kind, and was missing something or was poorly made. For example, a bicycle frame with a crack in it may have come about due to an error in the manufacturing process and/or poor quality control.
- Design errors: In order to prove that there was a design defect, you must prove that the product was unreasonably dangerous, and an alternative design was possible. If there is no reasonable or cost-effective way to avoid danger in the product, it is generally not considered unreasonably dangerous.
- Inadequate warning labels: To succeed in a failure to warn case, you must show that the danger was not obvious and any warnings that existed about the danger were not conspicuous. For example, if a warning label is required and is not placed on a part of the product that is easy for the consumer to access, or if certain critical pieces of the design conceal such a danger, you may have a case. Similarly, products that are sold without adequate instructions to ensure safe handling can also be eligible for an inadequate warning claim.
The Dallas area product liability lawyers of The Benton Law Firm have experience handling all of the above types of cases and more. We understand what is necessary to prove that your injuries resulted from a defective product or a failure to warn, and we can fight to win the compensation that you need in order to recover and return to a normal life.
Contact a Dallas Product Liability Attorney
Injuries from a faulty product can cause a significant disruption to you and your family’s life. If you or a loved one was injured due to a faulty product in the Dallas area, you should contact a lawyer as soon as possible to discuss your case and legal options. The statute of limitations for product liability and other personal injury cases is only two years from the date of the incident, so it is in your best interest to contact a product liability lawyer right away.
Suffering an injury because of a dangerous product that you bought under the reasonable assumption that it was safe for use can be infuriating, especially if the defect results in a child injury. At The Benton Law Firm, our legal team can guide you through the complex process of determining who is responsible for a faulty product and provide effective counsel on behalf of your injuries. Don’t hesitate to reach out to our Dallas offices at (214) 777-7777 to discuss your case in more detail.