Dallas Product Liability Lawyer
Everyone has the right to expect the goods they purchase will not harm them. But consumer products with design or manufacturing flaws can leave people with severe injuries and no guarantees for a full recovery. Victims often incur expensive medical bills, lost wages from missed time at work, and other significant losses after a defective product injury.
If you suffered harm from a defective product, you should not have to pay for the consequences of a company’s wrongdoing. You could be eligible to file a product liability claim demanding compensation for your losses. The experienced Dallas product liability attorneys at Kraft & Associates, P.C., can help you build a case to optimize your financial recovery.
Call (214) 999-9999 or contact us online for a free consultation today.
Why Work With Kraft & Associates for Your Product Liability Lawsuit?
If you wish to file a product liability claim in Texas, your choice of attorney is one of the most important decisions you must make. The seasoned lawyers at Kraft & Associates, P.C., have served clients in the Dallas-Fort Worth area for over 50 years. We are proud members of the local community and care deeply about the people we represent. Our friendly and compassionate staff are here to give you the personalized attention you deserve.
If you are concerned about whether you can afford an attorney during this challenging time, rest assured that we offer our services on a contingency fee basis. You only pay if we recover money for you. With this arrangement, you can feel confident that we will do everything possible to get the best results for your product liability claim.
What is Product Liability?
Product liability is a category within personal injury law that focuses on the responsibilities of product designers, manufacturers, and sellers. Product liability laws hold these parties accountable when faulty or defective products harm consumers.
Harmful defects can occur in products like:
- Motor vehicles
- Medications
- Medical devices
- Consumer electronics
- Cosmetics
- Power tools
- Construction equipment
- Airbags
- Electric scooters
- Infant products and toys
- Agricultural chemicals
- Recreational equipment
Types of Product Liability Claims
Any consumer product can be flawed. But some carry more harmful effects if they malfunction. Generally, product liability claims fall within one of three categories.
Design Defects
Design defects begin with the initial conceptualization of a product, making it inherently flawed or dangerous. Many design defects arise when designers fail to consider all possible factors that might be present when people use the item in the real world. If designers do not account for variations in characteristics like environmental stressors or ordinary wear and tear, they might not realize a product’s potential for harm under certain circumstances.
Manufacturing Defects
Sometimes, a product can cause harm even when designed properly. Manufacturing defects can arise due to issues with the production or assembly of a product. When manufacturers cut corners or fail to follow a designer’s specifications, they could compromise a product’s safety. A manufacturing defect could occur due to the following:
- Poor quality materials or parts
- Carelessness in the manufacturing process
- Problems during assembly
- Inadequate quality control measures
Failure to Warn or Provide Instructions
Companies must warn consumers if they know their products carry safety hazards, such as side effects or bodily injury. They must also issue instructions on how to use their products safely. If a business fails to warn of dangers or provide instructions, it could be liable for any injuries caused by its omission.
Understanding Product Liability Cases
Each state handles product liability law differently. Texas law allows consumers to seek compensation from sellers and manufacturers when product defects hurt them. Consumers can also pursue compensation if a seller or manufacturer fails to provide necessary product information, such as safety recommendations or warnings about misusing a product.
If you suffer injuries due to a defective product in Texas, you could have a product liability claim based on the following:
- Strict liability – Under strict liability, you don’t have to prove that a manufacturer was negligent to have a valid claim. You only need to show that the product was defective and the defect harmed you.
- Negligence – To prove a product liability claim based on negligence, you must show that your injury occurred due to a manufacturer’s failure to exercise reasonable care in producing or selling their product.
- Misrepresentation – For a product liability claim based on negligence, you must demonstrate you got hurt because a manufacturer intentionally misled you or made false statements about a product’s characteristics or capabilities.
- Breach of an express or implied warranty – An express warranty is a company’s written promise to guarantee certain aspects of a product or its performance. An implied warranty is a reasonable assumption that, with proper use, a product will safely perform as intended. If a company violates or fails to observe an express or implied warranty, it can be liable for any damage its product causes.
The sooner you contact our product liability attorneys, the sooner we can pursue the compensation you need and deserve.
How to Prove a Product Liability Case
Product liability cases are rarely straightforward. Filing a claim against a commercial entity often involves fighting against a big-name insurance company and a team of high-powered defense lawyers. If you go up against them alone, they will do everything they can to undermine and undervalue your claim.
Unfortunately, it isn’t enough to say a product hurt you in Texas. Depending on the type of claim you are filing, you will need evidence indicating:
- The designer could have used a safer and reasonable alternative.
- A product defect was present when it left the manufacturer’s hands, and the defect itself caused your injuries.
- The company had a duty to prevent harming you, and they breached the duty by failing to warn you of potential risks, even though you used the product as intended.
The product liability attorneys at Kraft & Associates, P.C., have the experience and resources to fight for maximum compensation for you. Whether you suffered an injury due to a defective auto part, malfunctioning medical device, or dangerous drug, we have what it takes to protect your interests.
Our team will:
- Investigate the incident that harmed you
- Determine who is liable for your injury
- Calculate the value of your losses
- Negotiate with insurers for a fair settlement
- Take the at-fault party to court if settlement talks break down
Damages You Can Recover in Product Liability Cases
The compensation you are eligible to receive depends on the facts of your case. A successful product liability claim could provide compensation for:
- Medical expenses – You could be entitled to reimbursement for any money spent on ambulance rides, emergency room visits, hospital stays, surgical procedures, or examinations. You can also claim future and ongoing medical costs, if applicable.
- Lost wages – If you needed to miss work because of your injuries or doctor’s appointments, you could seek to recover any lost income.
- Reduced earning capacity – Some product liability injuries lead to permanent disabilities or disfigurement. You might be eligible to seek compensation for diminished earning capacity if you can no longer perform the work you did before your injury.
- Pain and suffering – You could be entitled to pain and suffering damages if your injuries result in severe physical pain or emotional distress.
- Lost enjoyment of life – You can request this type of compensation if your injuries prevent you from enjoying your hobbies, playing with your children, interacting with loved ones, or negatively affect your quality of life in other ways.
- Wrongful death damages – If you lose a loved one due to a defective product, you could recover compensation for their final medical bills, funeral and burial expenses, and the suffering you experience from their loss.
It’s hard to put a dollar value on many of these losses, and you might be entitled to recover more money than you realize. The experienced product liability attorneys at Kraft & Associates, P.C., can compare your case to similar cases in your jurisdiction to determine how much it could be worth.
Time Limits to File a Product Liability Lawsuit in Texas
Texas places a deadline on how long claimants have to file a product liability claim. Most people know this time limit as the statute of limitations. In Texas, the statute of limitations gives individuals two years from the date of the accident or injury to file a lawsuit. Missing the deadline could bar you from receiving compensation forever.
However, Texas also has a statute of repose for product liability claims. The statute of repose is not tied to the date the accident or injury occurs. Instead, it says a claimant must bring a defective product claim within 15 years of when the product was sold. The statute of repose could come into play if a faulty older product, such as an appliance, injures someone. Failure to file a product liability claim by the deadline could also bar your claim, so talk to a lawyer immediately to determine the deadline that applies to your case.
Talk to Our Dallas Product Liability Lawyers
Consult with the Dallas product liability attorneys at Kraft & Associates, P.C., as soon as possible after a product defect injury. We are dedicated to fighting for the rights of individuals and families in our community. Our seasoned lawyers can listen to your story, answer your questions, and advise you on your next steps. You can rely on our legal team to do all the heavy lifting so you can focus on recovering from your injuries.
Call us today at (214) 999-9999 or fill out our online contact form to learn more about your legal options in a free case review.