If you or a loved one sustained injuries from a defective product, contact The Benton Law Firm immediately for legal representation. You might be entitled to financial compensation, and we can help you hold the manufacturer liable for the harm they caused. Call our product liability lawyers in Dallas for a free consultation to discuss possible compensation for your suffering.
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 effects.
Unfortunately, defective products are often only recalled after a victim has sustained an 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 are responsible for 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 Benton Law Firm, our knowledgeable Dallas product liability lawyers believe victims of faulty products deserve restitution for their unnecessary injuries and are ready to advocate for injured consumers. You can count on us to fight hard against these negligent companies and seek the justice you rightfully deserve.
Call our Dallas-area product liability lawyers at (214) 777-7777 today to discuss your case with a legal team member.
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 due to 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 Product Liability Lawyers of 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 and your family’s finances in the face of lost wages and missed work. When you hire us, you’ll have access to our services 24/7, so you can reach us whenever you need us. Our legal professionals want to ensure you receive the guidance and support you need until we resolve your case.
Our founding partner, attorney Jeff Benton, founded his practice on advocating for injured people against powerful defendants who believe they can overwhelm the victim with superior legal resources. Attorney Benton often takes cases other personal injury lawyers refuse to accept, and he delivers results. This has earned the firm a place in the Million Dollar and Multi-Million Dollar Advocates Forum. 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 exceptional 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 Avvo’s legal services website, which aggregates experience, reviews, and results.
Common Products That Could Contain Defects
Consumer goods are necessary for our everyday lives. We rely on clothing, food, appliances, and other items to survive, do our jobs, and perform different tasks. However, defects could occur that make these products unsafe for use.
The most common defective products that can cause injury are:
- Motor vehicles and parts
- Household appliances
- Cleaning products
- Recreational equipment
- Food items
- Baby and children’s toys
- Medical devices
- Pharmaceutical drugs
- Tobacco products and e-cigarettes
- Tools and machinery
- Lawn care products
If you used any of these or another type of product and suffered an injury or illness, contact The Benton Law Firm so we can review your case. Let us determine if someone else should assume responsibility for the design, marketing, or manufacturing error that caused your injury.
Steps You Should Take After a Defective Product Causes Your Injury
If you believe your injury or illness resulted from a defective product you used, you should take immediate legal action. The longer you wait before beginning the process, the less likely you’ll receive the compensation you need to cover your expenses.
The two most important steps are seeking medical treatment and hiring an experienced Dallas product liability lawyer.
Medical records are vital evidence in this type of case. The manufacturer’s insurance company will review all available documentation to determine the monetary value of your case. They will likely seek reasons to deny your claim or offer a low settlement. If there isn’t proof of your injury related to your use of the product and that you had ongoing treatment, they could use that information to deny your claim.
Your initial treatment should be with an emergency room physician or primary care doctor. They might refer you for additional treatment with a specialist. You should follow their orders and continue attending your appointments until you recover.
Some people get a physical or mental disability and require future care. If your doctor places you at maximum medical improvement, further medical intervention won’t improve your condition. However, they will advise you to follow up whenever necessary to manage chronic pain, symptoms of a disease, or other issues you’re having. Documentation of possible future treatment could indicate a higher amount of compensation is necessary to pay for your future expenses.
While you treat your injuries, The Benton Law Firm can take on the legal responsibility of your case. You should consult a Dallas product liability lawyer immediately after the defective product causes you harm. The sooner we can start investigating, the easier it will be to gather all the evidence we need to prove your case.
Evidence is necessary for a successful product liability case. Be sure to maintain all documents associated with the defect and injury it caused so we can submit them to the insurance company. We can also locate evidence during the investigation that we believe will help prove what happened. The ultimate goal is to recover the maximum available settlement, so you’re not forced to pay for anything out-of-pocket. If we provide indisputable proof, the insurance company will have a harder time denying your claim.
Types of Product Liability
Sometimes, it can be hard to determine who is responsible for a product defect. Anyone in the distribution chain, from the manufacturer to the product retailer, could make a product dangerous. The various parties you could hold liable for your injuries include:
- Distributor or seller
- Product or parts manufacturer
- Design team
- Shipping company
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 product liability claim is valid. In addition to proving that the product in question was defective, you must prove that the defect caused your injury.
Injuries Commonly Caused by Product Defects
Defective products can cause more than just physical injuries. They can also lead to diseases, illnesses, and adverse symptoms. Depending on the type of product you used, the medical problems you or your loved one might face could include:
- Broken bones
- Toxic chemical exposure
- Traumatic brain injury
- Loss of limb
- Smoke inhalation
- Crush injury
- Cuts and bruises
- Facial disfigurement or scarring
Disability can result from a permanent injury or an injury that can’t heal. Unfortunately, when that happens, the victim often requires ongoing treatment to manage pain or help with mobility issues. If you can’t return to your job, you could struggle to care for your family or pay your bills. You shouldn’t suffer the consequences of someone else’s negligence. The at-fault party should provide the necessary compensation so you can afford your expenses.
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 proving that the defendant was careless or reckless. All you have to prove is that the product was unreasonably dangerous and led to your injury even though you used it as intended.
For each broad category of product liability cases, you must also meet a specific burden of proof to win your case. For each category of a 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 from others and was missing something or was poorly made. For example, a bicycle frame with a crack may have come about due to an error in manufacturing and/or poor quality control.
- Design errors: To prove 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 about the danger were not conspicuous. For example, if a warning label is required and is not placed on the part of the product that is easy for the consumer to access, or certain critical pieces of the design conceal such a danger, you may have a case. Similarly, products 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 the above cases. We understand what is necessary to prove that your injuries resulted from a defective product or a failure to warn. We can fight to win the compensation you need to recover and return to a normal life.
Compensation You Might Be Entitled To in an Insurance Claim
The amount of money you can pursue for the injuries you sustained will depend on the circumstances of your case. Every case is unique and can have a different outcome. The monetary value of your case should adequately compensate for the various losses you suffered, such as:
- Mental anguish
- Medical bills
- Lost wages
- Loss of future earnings
- Property damage
- Out-of-pocket expenses
- Loss of consortium
- Pain and suffering
- Physical impairment or disfigurement
The Benton Law Firm knows the proof we need to show the multiple losses you’re entitled to pursue. The compensation you receive should fully cover your past and future expenses. Many of our clients can’t afford the costs associated with their injuries and face significant debt.
Your Dallas product liability lawyer won’t give up without a fight to secure a favorable outcome, so you’re not responsible for expensive medical bills.
Product Liability Frequently Asked Questions
Handling a product liability case on your own can be overwhelming and stressful, especially when you’re already dealing with an injury and the resulting medical expenses. You won’t be alone in the process. The Benton Law Firm can guide you through complex procedures, confusing documents, and strict deadlines. We answered some of the most common questions we receive from clients so you can better prepare for what’s to come. Contact us at (214) 777-7777 to discuss your case in more detail.
The timeframe for filing a lawsuit in Texas is known as a statute of limitations. This is a strict deadline you must follow. If you try to sue the manufacturer or another party after the statute expires, the court will likely dismiss your case. The statute of limitations for product liability cases is two years. That means you must file your lawsuit within two years of injury or illness due to the defective product.
The value of your case will depend on various contributing factors. We can’t provide an exact number, but we can estimate the compensation you might receive. We will review the facts and gather evidence to determine the monetary award necessary to compensate for your losses.
Insurance companies are rarely on the claimant’s side. They typically want to avoid large settlement payouts and look for evidence to shift fault onto the victim instead of their policyholder. If they deny your claim, you’re not out of legal options. It might be possible to file a lawsuit and take them to court. We will advise you about what we can do to achieve your legal goals.
Contact a Dallas Product Liability Lawyer Today
Injuries from a faulty product can cause significant disruption to you and your family’s life. If you or a loved one was injured due to a defective product in the Dallas area, you should contact a lawyer as soon as possible to discuss your case and legal options. Given the multiple state laws and strict deadlines, it is in your best interest to contact a product liability lawyer right away.
Suffering an injury because of a dangerous product 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 determining who is responsible for a faulty product and provide effective counsel regarding your injuries. Don’t hesitate to contact our Dallas offices at (214) 777-7777 to discuss your case in more detail.