Euless, Texas Product Liability Lawyers
Protecting the Interests of Consumers
We all trust that when we purchase an item from a retailer or seller and we use it as intended that it should be a safe experience. However, sometimes the products are defective and cause us harm. Whether it’s getting a nasty infection from a contaminated food item or suffering a medical emergency due to a malfunctioning medical implant, there are serious injuries that can result from an unsafe product. If you or a loved one have been injured by a faulty product, the product liability lawyers at The Wolf of Law Street will aggressively pursue justice and fair compensation for you. Contact us today for a free consultation on your case: (972) 573-4532.
What Are the Types of Product Liability Lawsuits and Who Can Be Held Liable?
When a consumer uses a product that has any kind of defect and then sustains an injury from the use or consumption of that product, a product liability lawsuit may be warranted. There are three main kinds of product liability cases:
- Breach of warranty: When you buy an item, it comes with two types of warranties: express and implied. An express warranty includes what the manufacturer specifically claims about the product’s safety and how it will perform. An implied warranty is the basic assumption that if a consumer uses a product in an intended manner, it will not harm them. If you suffer injury in the course of correctly using a product, it may constitute a breach of warranty.
- Negligence: The manufacturer has a duty to make a safe product. If carelessness or inattention on the part of the manufacturer leads to an unsafe product, and they should have realized the product was unsafe, then they may be liable due to negligence.
- Strict liability: The majority of product liability claims fall under this category. If a consumer buys a new product and the product is defective, and the defect causes an injury, then the manufacturer may be strictly liable.
However, the manufacturer is not the only entity that can be held liable for a defective product. Any party who was involved in the chain of distribution for that product may be liable for injuries sustained. This can include manufacturers of components within a larger product, retailers of the product (sometimes even if it is second-hand), and wholesalers who sell the product from the manufacturer to the retailer.
What Kind of Product Defects Can Lead to Injury?
Everyone has a right to safe products, but there are ways that defects can enter the distribution chain and lead to dangerous items ending up in the hands of consumers. Some of the common causes for this are:
- Design defects: This is an inherent flaw in the original creation of the product that leads to it being unsafe. It will typically be found in all similar products from the manufacturer.
- Failure to warn: If the manufacturer is aware of a possible danger of using their product, they need to provide a clear warning to the customer of that danger. There are specific rules for how warning labels must be written and displayed. If the manufacturer did not warn of a danger or if they did not write the warning suitably or display it properly, that may cause injury to the consumer.
- Manufacturing defects: This is an error that occurred during the construction of the product, which consequently caused harm. This usually only affects a small number of products from the manufacturer.
What Damages Can Be Recovered in a Product Liability Lawsuit?
If you are injured by a product, whether it is a medical device, a snack food, or a piece of heavy equipment, it can cause a major disruption to your life. You may miss work and owe mounting medical bills that you are unable to pay. Those responsible for the defective product should be held accountable, and you deserve compensation for your injury. The types of damages typically awarded to plaintiffs in a product liability case include:
- Actual compensatory damages: These are awarded to replace what you lost monetarily as a result of your injury. This may cover medical expenses, lost wages, property replacement or repair, and transportation.
- General compensatory damages: These are non-monetary losses you suffered from the injury. Typically there is a formula for calculating these, which multiplies the number of your actual losses by a number that represents the severity of your injury, but it can vary based on many factors. Included in this category is compensation for pain and suffering, mental anguish, future medical expenses, loss of consortium, loss of life’s enjoyment, and more.
- Punitive damages: This is compensation that is above and beyond the compensatory damages that are meant to dissuade the defendant from repeatedly committing the act that caused the injury.
Why Should You Engage the Services of a Product Liability Lawyer?
Being injured by a defective product can cause major expense, inconvenience, and stress in your life. You deserve justice from those responsible. The Wolf of Law Street product liability lawyers will aggressively fight for your rights. If necessary, we will take on large corporations and manufacturers on your behalf to get you the compensation you are entitled to. We can also advise you on whether an individual lawsuit or a class action lawsuit is best for your situation. We understand that it can be difficult to consider hiring a lawyer when you are already facing medical and other bills from your injury, but we offer a free consultation, and you will not owe us anything unless your case is successful. Reach out to us today for a case evaluation: (972) 573-4532.