Identifying Defective Products and Pursuing Compensation in Texas

Many people don’t think about whether the products they use are safe. It’s the 21st century, and manufacturing, at least in the Unites States, is highly regulated. You should be able to safely fire up a grill or drive your car, as long as you’re using the product as intended and following instructions. Unfortunately, even today, defective products in Texas can cause severe injuries and other losses.

When a defective product injures you, it can shake your faith in the system and put you in a difficult situation. Between high medical bills and lost wages, your injuries can take a financial toll on you. You shouldn’t have to endure these expenses alone. Since the defect was the manufacturer’s fault, it should compensate you for the losses you’ve suffered.

In order to receive damages from the manufacturer, however, you’ll need to prove that it was responsible for your injuries. That means identifying the specific flaws that led to your injuries.

Identifying Defective Products in Texas

Before you can pursue a product liability claim for injuries from a defective product, you’ll need to gather and preserve evidence that will help you prove your claim. This is something you should not attempt to do alone. A skilled product defect lawyer will have the experience and resources needed to help you get justice.

When you hire an attorney, they’ll perform all of the following critical tasks:

Investigate Whether There Are Similar Cases

If a product you used was defective, it’s likely that other products are too. Product defects usually arise during the design or manufacturing process. If the product was poorly designed, every version of it likely has the same flaw. On the other hand, if the problem is a manufacturing flaw, it may be present in other units from the same production run. Unless you were the first person injured by the product, others may already have filed claims against the manufacturer. These claims can lend more credibility to and even help us with your case.

Determine Whether a Product Recall Applies

If a product recall was issued, it means that either the United States Consumer Product Safety Commission (CPSC) or the manufacturer has publicly acknowledged that the product is dangerously faulty. By ordering a recall, the manufacturer gains some protection against defective product injury claims. Under Texas product liability laws, the manufacturer may no longer be liable if it notified you that the product was defective and offered appropriate compensation (including a replacement product).

If your lawyer determines that a product recall was issued, the next thing they’ll do is determine whether you were adequately notified. The manufacturer may be exempt only if you were aware, or should have been aware, of the flaw. If it didn’t contact you and you didn’t know about the danger, it may still be liable for your injuries.

While a product recall can protect the manufacturer against liability in some situations, it also makes it much easier for your lawyer to prove that the product was defective when that liability protection doesn’t apply.

Consult Experts in the Appropriate Field

While an experienced Texas product defect lawyer knows how to find signs of defective products, they don’t necessarily have the technical background to prove it in court. This is especially true when dealing with items like defective medical devices, which tend to be technologically complex.

If your case ends up going to trial, you may need an industry professional to study the product and provide an expert report about its safety. This type of evidence is often crucial for obtaining compensation after a product defect injury. Experienced lawyers generally have an extensive expert network across various.

Were you or a loved one seriously injured by a defective product in Texas? State laws allow you to pursue compensation for injuries resulting from faulty consumer products. Contact Terry Bryant Accident & Injury Law now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential product liability case review.

Gather Medical Records

Proving that a defective product injured you requires more than just demonstrating that the product had a flaw. You’ll also need to show that the flaw directly caused the harm you’ve suffered.

Typically, this is done by treating your injuries and eventually obtaining the medical and billing records related to your injuries. Your healthcare providers will note what caused your injuries; you can connect that cause to the product you’re claiming is defective. For example, if you suffered serious burns, your medical records will indicate that they were electrical burns specifically. That information is critical if you’re claiming that an electronic device shorted out and burned you.

After our clients finish treating their injuries, we have an experienced team here that will gather all of your records as quickly as possible. Unfortunately, the process can be tedious—often taking many weeks. Taking this off your plate is one of the many services we provide to our clients.

Document Everything

When you’re seriously injured, you may be unable to document the accident scene or gather other relevant evidence. However, it’s important to have as much compelling evidence as possible to support your claim. If the product is in your possession, be sure to save it in a safe location.

Our investigators can take pictures of the defective device and any other relevant evidence present at the accident scene. They can also interview witnesses who can testify that you were using the product as intended before you were injured. We can also help preserve helpful evidence that other parties have in their possession to ensure it is not disposed of or destroyed. If you hope to secure compensation, it’s imperative to show that you were using the product safely and properly.

What to Do After Suffering a Defective Product Injury in Texas

If you have the misfortune of being seriously injured by a defective product in Texas, the actions you take immediately after the incident could have a significant impact on your ability to secure compensation for the losses you’ve sustained. Here are the two most important steps you can take:

Seek Immediate Medical Attention

You will have medical records to use as evidence if you receive a medical evaluation and treatment. If you don’t get medical attention as soon as possible after the incident, it will be much more difficult for your lawyer to prove that the product in question injured you. Even if they can show that you were hurt, they may not be able to establish the severity of your injuries.

While immediate medical attention should ideally come from emergency room or urgent care doctors, they will often recommend that you seek specialized treatment after that. Your lawyer can help you identify the right medical professionals to further assess and treat your injuries.

Contact a Product Liability Attorney

Timing is critical in a defective product case. Evidence often disappears quickly when no one is around to preserve it. Furthermore, Texas law typically gives you just two years from the date of your injury to file a personal injury lawsuit for damages. (*However, always speak directly to an attorney to obtain the exact deadlines that apply to your potential claims.)

Hopefully, you won’t need to file a lawsuit. However, having the option protects your right to continue pursuing compensation if a fair insurance settlement isn’t forthcoming. If you let the time limit run out, you may find it impossible to get the justice you deserve.

Speak With a Defective Product Lawyer Today

Defective products are frequently the result of negligence, which is why injury victims have the right to seek compensation for the injuries they cause. However, ensuring success in a product liability claim requires you to not only identify a defective product but also prove that the defect led to your injuries.

The capable and experienced defective product attorneys at Terry Bryant Accident & Injury Law know how to investigate, identify, and assign liability for harmful product defects. Call us now at (713) 973-8888 or toll-free 1 (800) 444-5000 for a free and confidential consultation as soon as possible after getting injured.