We are all consumers. We buy products every day to help us in virtually all aspects of our lives, from the food we feed our family to the car we drive to work. We assume that the things we buy are relatively safe, or else they wouldn’t be sold to us. Unfortunately, dangerous products regularly make their way into the hands of consumers and cause serious injury or even death.
If you’ve been injured by a defective product, we can help protect your rights. A Houston product liability lawyer at Terry Bryant Accident & Injury Law is available 24 hours a day, seven days a week—call (713) 973-8888 or fill out our free initial consultation form today.
Types of Product Injuries Suffered by Consumers?
A dangerous product can cause very serious injuries to consumers. A few of the most common injuries product liability attorneys encounter include…
Illness from exposure to toxic substances
If you’ve suffered these or any other types of serious injuries because of a faulty product, you have the right to explore your legal options. We encourage you to contact Terry Bryant Accident & Injury Law to schedule a free consultation with our Houston product liability attorneys.
Who is Responsible for Injuries Caused by Defective Products?
Skilled product liability attorneys conduct thorough investigations into cases to determine who was at fault for their client’s injuries. The parties most often held accountable for the injuries consumers suffer are the manufacturers of the faulty products. Manufacturers should design products with safety in mind. They should use safe components and make sure that all their products are labeled properly.
If a manufacturer sells a dangerous product to consumers, they can be held accountable for the injuries that consumers suffer. To speak to an experienced product liability attorney in Houston about your claim, contact Terry Bryant Accident & Injury Law to learn more about your options. We offer free consultations and earn no fee unless we win your case.
Why File a Product Liability Claim?
If you’ve suffered serious injuries because a manufacturer sold a defective product, you shouldn’t have to pay the price for that company’s negligence. A product liability claim gives you the opportunity to seek payment for…
Pain and suffering
The cost of the product itself.
The costs of a defective product and the injuries it causes can add up quickly. It’s only fair that the business that made or sold the dangerous product should pay the price for injuries it has caused.
At Terry Bryant Accident & Injury Law, we know that these claims are ultimately about fairness. We fight to ensure our clients get the best possible recovery under the circumstances. We stand up to manufacturers and sellers of these devices. We deal firmly with insurance companies to get our clients the compensation they deserve.
Contact our Houston product liability attorneys today to schedule your free case evaluation. Call us at (713) 973-8888, chat with us, or use our online form.
How Common Are Product-Related Injuries?
There are close to 40 million injuries related to consumer products every year in the United States, and more than 35,000 deaths. The U.S. Consumer Product Safety Commission (CPSC) reminds people that these injuries and deaths are related to and not necessarily caused by consumer goods, and that distinction is important. But the statistics still reveal that the products we buy can – and do – cause an extraordinary amount of harm.
When these injuries are due to defective or faulty products, consumers have the right to take legal action to recover costs associated with their injury. When you’re harmed by a defective product, you shouldn’t be left to face the medical bills, lost wages, and other injury-related expenses alone. At Terry Bryant Accident & Injury Law, a Houston product liability lawyer wants to hold companies accountable when they put profits before your safety.
Lawsuits brought by a number of people who suffered similar harm or losses are “class action” and “mass tort” litigation. And though they do share similarities, they are different in how they go about compensating the many that have been harmed by a single negligent defendant – usually a company. Below is an explanation of both types of civil cases, and also how some mass torts become an MDL – multi-district litigation.
A “class action” lawsuit is one in which a group of people with the same or similar injuries caused by the same product or action sues the defendant as a group… Read More
EXAMPLES OF PRODUCT LIABILITY
Any defective product that causes someone harm could be the basis of a product liability claim. There is a long list of examples, though it is most helpful to focus on some of the most common ways consumers suffer serious injuries.
Defective medical devices – Because patients are dependent on medical devices to sustain or improve their health, it’s no surprise that when these devices fail, they can have terrible repercussions. Our firm deals extensively with faulty medical devices, including knee and hip replacements, mesh devices, IVC filters, and pacemakers, to name just a few examples.
Defective drugs and medicines – Just like defective medical devices, the drugs consumers take can be prone to failure or contamination. 20% of new drugs sold to consumers will be recalled or will need to be given an additional safety warning. Some of these products might be purchased as prescription drugs, such as antidepressants or SSRIs, while others are available to the public as over-the-counter medications.
Defective automobiles and auto parts – Some of the most highly publicized consumer product hazards center around vehicle parts. Defective airbags, ignitions, and tires have all made headlines for the potential dangers they cause motorists. The number of safety-related recalls in the automobile industry has soared over recent years.
Defective child products – Several of the products we buy for our children could pose a threat to their health. For example, defective child safety seats are frequently subject to recalls. Defective toys can present unexpected choking hazards or be prone to explosion if they are powered by a faulty battery.
Improper labeling – Though improper labeling might not sound dangerous, it is actually one of the biggest threats a product can pose to consumers. If a manufacturer fails to notify consumers of how a product should be used, cared for, and stored, an otherwise safe product could become deadly.
These are just a few of the most common types of faulty products, but the list is incredibly long. Common household products like cleaning agents or herbicides used in our gardens carry the potential to cause cancers and other potentially fatal conditions if they are made with dangerous chemicals or are improperly labeled.
Do you know why a product caused you harm? You should know that you don’t need to know all the details of product liability law to get started on your legal claim. At Terry Bryant Accident & Injury Law, we do the work to make sure your injuries are covered by the at-fault party.
Give us a call at 1 (800) 444-5000 or fill out our online contact form to schedule your free consultation with our team.
TYPES OF PRODUCT DEFECTS
From medical devices to goods off of store shelves, nearly any product can be susceptible to a defect. Three common types of defects include:
Design defects: These defects occur when a flaw in the initial design of a product, such as a missing safety latch or handle, leads to injury—even when the product is used as intended.
Manufacturing defects: Poor product construction, due to a factory’s assembly process or a component failure, may lead to injury.
Improper labeling or inadequate instructions: Manufacturers must provide you with clear warning labels and directions to help ensure safe and proper use of their products.
Because a single product may be designed, produced, and sold by different companies, it may not be clear who is responsible for a product’s defect. Our experienced product liability attorneys in Houston, TX, have the legal resources to investigate the details of your injury, so the proper parties can be held accountable.
WHAT DOES PRODUCT LIABILITY MEAN?
Product liability is a legal term used to describe the burden of responsibility carried by the makers and sellers of goods. If a manufacturer, distributor, or retailer sells a dangerous product and a consumer suffers serious injuries because of that product, the consumer can file a product liability claim.
These claims are extremely important because they ensure that an injured person doesn’t have to pay the costs resulting from the negligence of the companies putting the product into the marketplace. Equally important is the fact that product liability claims can help bring awareness to the dangers of a product and prevent future harm from occurring to consumers.
Product liability might seem complex to those unfamiliar with this area of the law, but it shouldn’t stop you from exploring your legal options. All you need to know is that you’ve been injured by a dangerous product. The Houston product liability attorneys at Terry Bryant Accident & Injury Law will investigate the circumstances surrounding your injury to find out the nature of the defect, who should be held accountable and how much you should demand in compensation.
We offer free consultations, and you are under no obligation to move forward with a claim if you don’t wish to do so. Contact us today to get started.
How Harmful Products Make It Onto the Market
As consumers, we place a certain amount of faith in our institutions. When we go to the grocery store, we trust that the food we’re buying is safe to eat. When we buy cars, we expect that the vehicle will meet certain standards. Medical devices, toys for our children, cell phones – we assume that if these products are available for purchase, they are also safe.
However, harmful or defective products regularly make it into the hands of consumers, and they can sometimes cause very serious illness and injury. How is it possible that commonly purchased goods carry the potential to cause us harm? Consumer product-related injuries are often the result of institutional failings, on the part of manufacturers, government agencies, or both… Read More
RECALLS AND CONSUMER SAFETY
One of the most important safeguards against consumer product-related injuries is the use of recalls. Recalls can be issued by the government (the Food & Drug Administration, commonly referred to as the “FDA”) or by the company that sold, distributed, or manufactured a product. It is important for consumers to be aware of safety-related recalls, but it is often the case that companies do a poor job of alerting buyers about these recalls.
Unfortunately, it is also true that recalls are sometimes issued only after serious injuries have been suffered and several complaints have been filed. That’s why it is important for consumers to seek legal counsel if they have been hurt by a defective product. They may be entitled to compensation for the damages they suffer, and their claim could help alert other consumers about the dangers posed by a faulty product.
CONTACT A HOUSTON PRODUCT INJURY LAWYER TODAY
Texas law limits how long you have to file a claim—so if you’ve been injured by a defective product, it’s important to talk to a lawyer about your injuries as soon as possible. Terry Bryant has more than 30 years of experience protecting the rights of injured people, and we want to help you, too.
To schedule a free consultation with Terry Bryant Accident & Injury Law, contact an experienced product liability lawyer in Houston by filling out our online contact form or by giving us a call at 1 (800) 444-5000 or locally in the Houston area at (713) 973-8888.
Product Injury Client Review
I was very pleased with this law firm, they represented me well and it led to a productive case. Very satisfied with Steve and the entire firm! – Jarrod R.
FAQs About Product Liability Cases
What is a defective product?
In the legal context, and very generally, a defect product is one that is not reasonably safe. As a result, a defect product can injure people and even kill. Many defects involve error in either the design or manufacturing of a product. However, some situations involve inadequate warnings to consumers about the dangers of a product, or an inherently dangerous product.
Anything that is manufactured and sold can be the object of a defective product lawsuit. We see a very wide range of type of products: motor vehicles or their parts (including those on ATVs and RVs), tires, household furniture and appliances, clothing, over-the-counter and prescription drugs, food products, children’s furniture, toys and safety car seats, playground equipment, medical devices, industrial equipment, landscaping equipment (lawn mowers, small tractors, etc.), and power tools.
If I am injured or a loved one is killed by a defective product, who do I sue?
You can pursue a claim against the manufacturer of the product, and often, companies in the supply chain of the product; such as wholesalers, distributors, importers, and retailers.
How is product liability established?
It is usually based on a proven design or manufacturing defect, or a “failure to warn” (i.e., a failure by the manufacturer or designer to properly advise the public of the dangers that might be associated with the product). Many product liability claims are judged under a theory of strict liability.
What is a manufacturing defect?
It is an unintended defect in a product that occurs when a product does not conform to its intended design, thereby making it more dangerous than consumers expect the product to be. Manufacturing defects can be the result of improper assembly, unqualified employees operating the machinery, or quality control not catching defective or poorly made products before they make their way into consumer channels.
What is a design defect?
It is a problem or condition in a product that injures one who uses a product, traceable to a faulty design that makes the product dangerous or useless, even if it is manufactured properly and made of the best-quality materials.
What is strict liability in this context?
Strict liability generally boils down to this question: “Is the product so dangerous that it was just not a good idea to manufacture or sell it?” No matter how careful a company has been designing or manufacturing its product, it can still be liable if in its normal use the product is inherently unsafe or dangerous when used as intended.
What is “failure to warn?”
A failure to warn claim alleges that a product manufacturer failed to provide adequate instructions for the product’s use or warnings about any dangers associated with the normal use of their product.
Isn’t it hard to take on a product manufacturer in a legal case?
Yes. Product manufacturers often spend unbelievable amounts of money to defend their products from injury claims. If they lose a case, it can have very negative consequences for them as others who are similarly injured are often emboldened to sue them.
Many times they’ll attempt to settle for much less than they might be made to pay in court. Often, injured defendants will accept a manufacturer’s low offer because their short-term financial needs are more important to them than the best possible outcome – especially if they do not understand what they are walking away from. To win full and fair compensation for the harm inflicted by a defective product, injured victims are well-advised to consult with and consider hiring an attorney who has the resources to take on a large manufacturer and the experience to counter their aggressive defense strategies.
What damages can I recover in a defective product case?
If the injured plaintiff’s attorney can prove a product is defective – either at trial or beforehand by convincing the manufacturer to offer a reasonable settlement – the victim should be able to collect money for past and future medical treatment, past and future wage loss and any company-paid benefits, and damages for pain and suffering. In some situations, punitive damages may be awarded, which can serve to further punish the manufacturer.
If the plaintiff dies, certain surviving family members may be entitled to recover for losses such as pecuniary loss, loss of companionship and society, mental anguish, and loss of inheritance. If the survivors can prove that the plaintiff lived for a period of time between the time of injury and death, the following are also typically recoverable: pain and suffering by their deceased family member, medical expenses, and funeral and burial expenses.
What is the statute of limitations in Texas for product liability?
In Texas, the general Statute of Limitations, which is the time limit you have to file a civil lawsuit for a personal injury, is two years from the date of the injury. ***There are several exceptions to this. The only way to know the exact deadlines that apply to your potential claims is by speaking directly with an experienced attorney licensed here in Texas.***
What is a class action lawsuit?
It is a civil action where a group of people with the same or similar injuries, caused by the same product or negligent act, sue the defendant – in this case the product manufacturer – as a group. If successful, the victorious plaintiffs divide the damage award equally, regardless of the circumstances of their specific case. Often, defective product lawsuits where a single manufacturer’s product injured many people end up as class action lawsuits.
How quickly should I retain a product liability attorney?
You should contact one as soon as you suspect that you or a family member has been harmed.
Product manufacturers and their insurers have deep pockets and plenty of people to immediately rally their defenses against your claim. It is in your best interest as an injured victim, or as a member of a family who lost a loved one to a defective product, to retain a seasoned product liability attorney as soon as possible. Ideally, you will have the device that hurt you or your family member, but gathering additional evidence as soon as possible after an injury occurs is key. As time passes, even in as little as a few days, key pieces of evidence begin to disappear and memories fade.
Our Houston Product Liability Attorneys Can Help You Today
If you or a family member has been injured by a defective product, contact the experienced injury attorneys with Terry Bryant Accident & Injury Law by phone at (713) 973-8888 or use our contact form to arrange a no-cost case evaluation. We have a No Fee Guarantee. If we don’t win, you never pay a dime.