Product liability lawyer in austin

Understanding Product Defects and Your Rights

Common Types of Product Defects in Texas

There are several ways in which a product can be defective:

• Defective (inadequate) instructions on the safe use of the product
• Defective manufacturing, meaning that some aspect of the manufacturing process made the product unsafe even though its basic design was safe
• Defective design, meaning that the product, even if manufactured properly, was unsafe for the uses it was intended to serve

Under Texas law, defective design claims require that you prove there was a safer design available.

That proof has to demonstrate a reasonable probability that the unused, alternative design:

• Would have reduced or eliminated the risk of injury;
• Without substantially reducing the product’s usefulness; and
• Was actually feasible both technologically and economically at the time the product was sent into the stream of commerce.

With experience handling all sorts of defective and dangerous product cases, our lawyers are fully confident in handling all types of product liability claims. Regardless of what caused you harm, we encourage you to call us at your earliest convenience. Below are some of the types of claims we handle.

Legal Action for Dangerous Drugs in Austin

Even drugs that have been approved by the U.S. Food and Drug Administration (FDA) can later be found dangerous. If you have suffered injury by a prescription medication by a cause that was not already a known risk, you can enlist the help of an attorney to file a lawsuit. We can also help if you were injured by an over-the-counter drug.

Medical Device Defects: Austin Legal Support

Medical devices must also be approved by the FDA. Even still, they can be found to be dangerous years after being used. If you or a loved one was harmed by an IVC filter, knee or hip replacement, hernia or vaginal mesh, or any other sort of medical device, we can help you file a product liability claim.

Auto Defect Claims in Austin: Get Expert Help

One of the most common types of defective products that require the filing of a claim is an auto defect. No matter how well you maintain your vehicle, defects do occur and can cause considerable damage. If a part of your vehicle was not made or installed properly and you or a loved one suffered injury, contact us at once!

Seeking Compensation for Defective Product Injuries

Who Is Liable for Defective Product Damages?

Upon establishing that the product was defective and that your injury was, in fact, caused by the defect, as well as that the injury has caused you damages, you are entitled to recover the amount of those damages that you can prove. Typical damages include medical expenses, any loss of past and future income, and pain and suffering. In special circumstances, punitive damages can be recovered.

In general terms, anyone involved in creating the product and moving it through the “stream of commerce” can be liable for damages. Unlike many other states, however, Texas law severely restricts attempts to hold those who merely sold the product liable. Unless the injured person can prove one of several special circumstances that justify recovery from a seller, the claim is ordinarily against the manufacturer.

Navigating the Complexity of Product Liability Cases

Technical and Legal Challenges in Product Liability

Many products liability cases involve very technical questions. Proving that the manufacturing process was defective requires a detailed understanding of the properties of the materials used, as well as of the entire manufacturing process. Defective design claims tend to be even more complex and require the use of experts to explain design alternatives. Even claims of inadequate warnings involve tricky issues of proof—what’s adequate to warn one person may be completely inadequate to others.

Some products also present technical legal issues. For example, what’s the impact of the product having been licensed or approved by a federal agency? What if the company that manufactured and/or sold is no longer in business? Or if they were bought by another company that has since merged with a third company? What if the defendant claims you were using the product for a purpose that the manufacturer never intended, or that you knew the product was defective and decided to use it anyway?