Houston Product Liability Attorneys
Have you or someone you know been injured by a defective product? Our Houston products liability attorneys can hold those responsible accountable for compensating victims of negligence. If we don’t win, you don’t pay. That’s our No Fee Guarantee.
New products are released into the market every day. Federal and state regulatory agencies ensure that a majority of these products are safe for consumer use. However, when companies put profits before people, unsafe products can slip through the cracks, causing damage, serious injury or even deadly harm to consumers. Who, then, can victims turn to for recourse? A product liability attorney is your best ally in these unfortunate situations.
Neal Davis will aggressively pursue your Houston product liability claim to win the best possible outcome in your case. We have a proven track record of getting results and favorably resolving cases favorably before going to trial. From the moment we meet with you during your free consultation, we will prove our commitment to holding all responsible parties accountable and fighting for the compensation you and your family deserve.
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What is Product Liability?
Product liability is an area of civil law aimed at holding product manufacturers, distributors, retailers and companies responsible for any injuries or illness their products cause the public. Liability for defects will be determined by the chain of commerce as the faulty product passes from the maker to the consumer.
There are two main categories of product liability law that our Houston personal injury attorneys specialize in: defective products and pharmaceutical liability.
According to Title 4 of the Texas Civil Practice and Remedies Code §82, product liability is defined as “any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories.”
Defective products cases commonly center around faulty children’s toys, auto parts, electronics, failed safety gear, and other consumer goods. A defective product liability attorney can take the right steps to hold the manufacturer responsible for injuries caused by these faulty products.
Cases involving injury or death from a defective medical device or prescription drug fall into the category of pharmaceutical liability. A pharmaceutical liability attorney must possess specific knowledge about the medical industry and Big Pharma in order to negotiate a fair settlement.
Don’t let companies get away with causing your or your loved one harm.
Contact our Houston product defect attorneys today.
Types of Product Liability Claims
Whether your case is centered around a defective product or drug, the umbrella term of “product liability” is broken into three different types. Determining the type your case falls under depends on which stage the product defect occurred; however, what they all have in common is the failure to reasonably protect consumers from harm.
- Manufacturing Defects. This type of defect is caused by an error during assembly and typically only evident in a small percentage of products.
Strict liability law holds the manufacturer completely responsible for injuries caused by faulty construction, even if the manufacturing process is found to be adequate.
- Design Defects. When a flaw in the original design of the product occurs, it can pose a danger to all users - not just a small percentage. To determine if a design defect exists, a plaintiff must prove at least one of the following: that the product’s design was unreasonably dangerous before production, that the manufacturer should have anticipated the danger, or that the manufacturer could have used safer materials that would not have significantly affected the cost or purpose of the product.
- Marketing Defects. A product liability lawsuit can also be brought for marketing defects, or when a manufacturer fails to provide sufficient warnings or instructions about the danger of using their product. For companies to be held liable for marketing defects, the injured victim must have been using the product as intended when the injury occurred. Warning labels must be highly visible and positioned near the hazard.
In certain product liability cases, especially involving design and marketing defects, a class action lawsuit may be filed. Class action suits involve a large number of people suing a manufacturer for injuries and damages caused by their product. These lawsuits are mainly aimed at punishing the manufacturer, and plaintiffs typically only receive nominal compensation once the settlement is split between all of the involved parties. For cases involving serious injury or fatality, filing an individual product liability claim is recommended.
Let Us Help You Hold Companies Liable
Individuals can’t get away with injuring another person due to negligence, and neither should manufacturers and companies.
Manufacturers and companies are frequently willing to settle out of court in order to avoid damaging their brand and reputation in a drawn-out, public legal battle.
As a result, victims who have an experienced attorney on their side may be compensated before going to trial.
Houston personal injury attorney Neal Davis specializes in skillfully defending the rights of their clients and fighting for justice in courtrooms across the state of Texas and in federal courts. We will work hard to secure the best possible outcome in your case by proving that you suffered injury or loss, that the product was defective, that the defect caused your injury or loss, and that you were using the product as intended by the manufacturer.
If you or someone you know have suffered a serious injury or fatality because of a defective product or medical device, schedule a free consultation with our expert personal injury attorneys to find out if you have a strong product liability case.