Why Do I Need an Attorney for a Defective Product Case in Texas?
Product LiabilityYou often take the products we use in your everyday life for granted. This is true until a preventable injury rips us away from our comfort zone. The food we eat, the cars we drive, the products we use, these are all things that we take for granted and help us greatly, but they can turn against us.
Defective products cause thousands of injuries each year, and even death when the negligence is severe enough on the side of the manufacturer or seller. It’s vital to know that product defects aren’t your fault, and if they are truly caused by the products themselves and result in injury, then you are entitled to recover expenses and damages for your pain, recovery, loss of wages, and possible life-long medical care.
Preparing a well-documented, professional product liability case can be legally extremely complex, and requires a personal injury lawyer’s expertise from the beginning of the process. The first days, and even hours, of these cases are critically important to ensure all relevant evidence and potential claims are preserved and documented.
Your first absolute priority if you are injured by a defective or dangerous product after the necessary medical treatment is obtained, is to consult with an experienced product liability lawyer who will guarantee that all evidence, photos, witness statements, etc. are preserved. The product that injures you must be secured immediately to ensure its availability later. Your lawyer knows that this is necessary in proving your product liability claim, and to guarantee that its condition will not be changed, or modified, which could adversely affect your case.
There are a great many things to do, and quickly, and if the product cannot be secured immediately everyone must be put on legal notice. This may include tow-truck operators, wrecking yards, and police impounds so that they take every step to preserve the product. This is evidence, and the failure to protect its integrity may subject them to civil or criminal liability for allowing evidence to be destroyed.
Some injuries are minor but may result in serious, long-lasting, and life-changing physical or mental damage. At first, you may not even be aware of what you need to recover, the medical costs, or the continuing care but your Edinburg personal injury lawyer will.
How Will My Personal Injury Lawyer Prove My Product Liability Case?
As you begin to see, they’re many aspects to proving this type of case, but essentially four elements must be addressed.
They are:
- You suffered an actual loss of property, injury, or possibly even death.
- The product was defective, and by examination, testing, etc. was proven to be so.
- The defect inherent in the product directly (or contributed to) caused your property loss or physical injury.
- You used the product as described or instructed to, as any reasonable individual would have.
There are other hurdles that your lawyer will overcome and may also address the fact that the product was sold in an unreasonably dangerous condition or with an inadequate warning. Also, that the seller expected and intended that the product would reach you (the consumer) without unexpected alterations.
So, any ethical and proficient personal injury lawyer has their work cut out for them. Be assured, however, your Edinburg or McAllen personal injury firm will do all that is needed to protect your rights and future.
What Types of Injury or Harm can Lead to Having a Defective Product Liability Case?
Most product liability cases fall under the umbrella of “mass tort” claims. This is defined as the acts of corporate giants and natural disasters that cause widespread harm. In these cases, mass tort lawsuits provide relief.
These defective product cases can arise from several different kinds of injury, including, but not limited to:
- Your illness is linked to a product like Roundup® weed killer or JUUL®/e-cigarettes.
- You have incurred harmful side effects (including profoundly serious illness) from the use of a prescription or over-the-counter medication.
- You sustained injuries and dire health complications caused by a defective medical device.
- You have been diagnosed with cancer or other illness resulting from exposure to harmful chemical substances (such as asbestos), or virtually any chemical in a household product that is readily available.
It’s important to note that you, and your lawyer, may be filing as many legal theories as might apply to your singular situation and case. In other words, you won’t be forced to guess (right at the outset of your case) which theory is best and then stick to that one singular path.
Your Texas personal injury lawyer will know the precedents in these cases and will guide you down the best most effective path to prove your case.
What Is the Concept of “Strict Product Liability” and How Does It Affect My Case?
It’s very meaningful to note that in the realm of personal injury law and defective product lawsuits, that the fault concept of “strict liability” was designed to replace the concept of negligence in product liability cases. So, you won’t usually sue under both a strict liability theory and a negligence theory. You and your professional personal injury lawyer will work together to craft and modify the best strategy for your case alone.
This concept may seem vague and mildly redundant, but essentially you would have to show that:
- The product was sold in an unreasonably dangerous condition or with an inadequate warning.
- The seller expected and intended that the product would reach the consumer without changes to the product.
- You were, in fact, injured specifically by the defective product.
I Believe I Have a Product Liability Case, So What Do I Do?
Even in this short explanation, you can see the legal variants, complexities, and paths inherent in filing and winning a defective product case in Texas. The Edinburg & McAllen Brasure Law Firm has been effectively helping the injured recover the compensation they deserve. Consult with them as soon as you are able and secure the care and finances you’re entitled to.
