Common Product Defects That Cause Injuries - Product Liability Claims in San Antonio TX
Most of us rely upon the quality production of day-to-day objects such as furniture, clothing, and medication. We depend on tools and trust our children with toys, expecting these items to enhance our overall quality of life. Product defects create an unexpected safety hazard that can harm or even kill the product’s user, and victims have a right to compensation.
Manufacturers are responsible for the quality of their products in San Antonio, TX, and if you’ve been harmed because of a product defect, hiring a Texas lawyer is the best way to hold them accountable. At Carabin Shaw, our team helps victims determine their best path to financial recovery. We offer our services on a contingency-fee-basis, so you don’t pay unless we win your case. Call 800-862-1260 to schedule your free case review.
Strict Liability and Product Claims in San Antonio, TXProduct liability in Texas typically falls under the category of strict liability. This differs from many personal injury cases where the liability falls under negligence. The difference between strict liability and negligence is that your lawyer only has to prove the product was defective regardless of whether the manufacturer was negligent.
The court will hold the manufacturing company liable based on their responsibility to make safe products. The evidence that will prove that a product is defective and caused damages includes:
- The product or what remains of the product
- Receipt of purchase
- Photos of the damages
- Medical records and bills
- Instructions for product use
- Plaintiff or witness testimony
- Expert testimony
In some cases, your attorney will have to perform research and locate industry experts to testify about the product's flaws or the manufacturer’s improper use of materials.
Common Defective Products in San Antonio Product Liability CasesProduct liability can exist in design, manufacturing, or marketing defects. These products may have inadequate instructions for use, which leads to injury. Common defective product cases include the following products:
- Motorized vehicles: problems with components such as brakes, airbags, or steering
- Electronics: fire, explosion, or electrocution
- Tools: faulty operation or durability issues
- Toys: suffocation, choking, strangulation, or toxic materials
- Medications: side effects, allergic reactions, medical device failure
- Cosmetics: infections, burns, cancer
- Construction material: toxic substances or structural collapse
Famous product liability cases include the Johson & Johnson baby powder case, the Monsanto Roundup herbicide case, and the McDonald’s hot coffee case. In cases like these, where the company had strict liability but was also negligent or reckless, the court may award punitive damages.
Your product defect lawyer in San Antonio, Texas will investigate the company’s behavior to ensure the court holds them accountable for especially egregious behavior. Read our client reviews to learn about the quality legal services offered at Carabin Shaw.
Types of Compensation for Defective Product Injuries in TexasCompensation in a product liability case includes economic and noneconomic damages. These damages include but are not limited to medical bills, loss of income, and pain and suffering. Your San Antonio TX personal injury lawyer will help you to evaluate all your injuries and calculate an adequate claim for damages, so you can seek comprehensive compensation that covers your current and future losses.
Understanding Your Consumer Rights in TexasConsumers have rights, and an effective legal team can help you protect your rights. General consumer rights in Texas include:
- The right to reasonable protection from products
- The right to be warned about the dangers or risks of a product’s use
- The right to file a claim for personal injuries related to defective product manufacturing, as long as you file the claim within the 15-year statute of limitations
- The right to adequate compensation from a company’s insurance policy or the right to file a lawsuit if you cannot reach a settlement agreement
- The right to hire a lawyer to represent you and help you to maximize your compensation
The San Antonio product liability attorneys at Carabin Shaw understand your rights and how to protect them. If a defective product has injured you, call our toll-free number at 800-862-1260 for a free consultation. We have English- AND Spanish-speaking staff, and someone is available to speak with you 24/7.
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