- 1. Crosley Law Fights for Defective Product Injury Victims
- 2. Defective and Dangerous Products Injure Millions Every Year
- 3. What Is a Product Liability Claim?
- 4. Defective Product Lawsuits Are Complicated
- 5. What Should I Do if I Believe I Have a Defective Product Claim?
- 6. What Is My Product Liability Claim Worth?
- 7. Crosley Law: Fighting for Product Liability Victims Throughout Texas
Crosley Law Fights for Defective Product Injury Victims
When you buy a consumer product, whether it’s a car, medication, or a crib for your newborn, you expect it to be safe. Unfortunately, millions of people are injured every year by products that were poorly designed or manufactured.
At Crosley Law, our product liability attorneys have years of experience evaluating, investigating, and pursuing claims for victims who have been injured or lost a loved one because of a dangerous product. We apply a client-focused and cutting-edge approach that involves:
- Identifying everyone responsible — from the manufacturer of component parts to the final retailer
- Researching design, manufacturing, and labeling guidelines to pinpoint exactly where errors were made
- Using a wide network of medical and technical experts who can help explain your case to a jury
- Educating our clients at every step about the litigation process and their options
Our tactics and commitment to our clients have earned Crosley Law a reputation as thorough and aggressive representatives for injured victims in San Antonio and throughout Texas.
If you have been injured or lost a loved one because of a defective product or medication, call 210-LAW-3000 | 210-529-3000 or fill out the free consultation form on this page. One of our attorneys will get in touch with you as soon as possible.
Below, we have more detailed information about defective products and personal injury lawsuits.
Defective and Dangerous Products Injure Millions Every Year
Unsafe products injure an estimated 38.9 million Americans each year. In the news, we see recalls of household goods, vehicle parts, pharmaceutical drugs, and more. The makers of these products are responsible for ensuring that their goods are safe for consumer use. This responsibility includes following proper design and manufacturing guidelines as well as accurately labeling products to warn consumers of possible dangers.
While almost any product can have a defect, certain products are particularly dangerous:
- Motor vehicles and auto parts, such as tires, airbags, and seat belts, cause car accidents and serious injuries.
- Electronic devices that contain lithium-ion batteries are prone to fire and explosions.
- We have also seen the impact of an aircraft defect first hand.
- Dangerous drugs and defective medical devices often lead to complex, multidistrict litigation.
If you suspect that you or a loved one suffered injuries due to a defective or dangerous product, you deserve answers. However, product liability claims require expertise, and it’s best to consult a personal injury lawyer as soon as possible.
What Is a Product Liability Claim?
When a company designs, manufactures, distributes, or sells a product, it has a duty to make sure that product is safe for consumer use. When the company violates this obligation, you can demand compensation for any injuries that result. Lawyers refer to these claims as product liability cases.
In Texas, there are four broad categories of product liability claims:
- Design defects: These defects occur when a product is poorly designed and poses a danger to consumers. A classic example of a design defect involves the Takata airbag scandal. The U.S. government recalled more than 65 million Takata airbags because their poorly designed inflator systems could fracture into shrapnel, often causing disfigurement and fatal injuries.
- Manufacturing defects: Sometimes, a company designs a product correctly but introduces errors during manufacturing. For example, suppose you purchased some cold medicine. During the manufacturing process, the medicine became tainted with another chemical that wasn’t part of the drug’s formulation. If you experience negative side effects, you may have a manufacturing defect claim.
- Breach of warranty: When you purchase a product, it comes with express and implied warranties. For example, in Texas, there’s an implied warranty of merchantability, which means that products must be fit for their intended usage. When a product doesn’t work or is unsafe and causes an injury, the company who created the product may be responsible for your damages.
- Marketing defects or failure to warn: When a company fails to warn you of a product’s potential danger or provide usage instructions and a warning label, that company may be liable for your injuries. However, the risk should not be foreseeable.
Depending on your circumstances, several of these legal theories may apply to your defective product case. To learn more, contact Crosley Law and schedule a free consultation.
Defective Product Lawsuits Are Complicated
Product liability cases are complex for many reasons. First, most defective product claims involve many different parties; the manufacturer, part suppliers, distributors, wholesalers, and retailers. You and your legal team will need to identify everyone who played a role in your injury.
Second, these cases can also involve extremely technical or scientific issues. Without a careful analysis of the evidence and Texas law, you may make costly mistakes that lower the value of your claims. As a plaintiff, you must prove that:
- The product directly caused the injuries.
- The injuries would have been avoided if the product was properly designed, manufactured, or advertised.
- The responsible party (the defendant) could not have reasonably foreseen and prevented the injuries.
In the case of a defective device, proving these elements may require detailed knowledge of materials, manufacturing, and engineering. For defective drugs or medical devices, advanced medical, biological, and chemical knowledge may be needed. To build a strong and thorough claim, you need the help of a qualified attorney who has a network of experts.
What Should I Do if I Believe I Have a Defective Product Claim?
If a defective or dangerous product injured you or a loved one, you should document the injuries, keep track of all expenses, and preserve evidence. Be sure to give all your doctors an accurate description of how the injury occurred. Medical records are vital to your injury claim because they can link your condition to the defective product, document your treatment plan, and help outline your injury-related limitations.
It’s also important to preserve the defective or dangerous product. You should never throw away a defective product; technical experts will need to examine it as part of your claim. If someone else owns the product, the attorneys at Crosley Law can quickly send out a preservation letter demanding that they keep the product. We can also help you file claims or lawsuits against the at-fault parties and their insurance companies.
What Is My Product Liability Claim Worth?
Every claim is unique, and several factors will impact the value of your case. When you work with Crosley Law, our product liability lawyers will carefully investigate your case and calculate a settlement value. We consider many factors when evaluating a defective product claim, including:
- The amount of insurance coverage involved in your claim
- Your lost income and earning capacity
- Your medical expenses and need for ongoing medical treatment
- The severity of your injuries
- The extent of your pain and suffering
- Whether the manufacturer, retailer, or distributor was grossly negligent or acted intentionally
- Whether you contributed to your injuries by modifying the product or misusing it in an unforeseeable way
- Other unique features of your situation
Based on this information, your attorney will calculate the value of your claim. They may even work with economists to determine the long-term impact of your losses and assign a tangible value to them.
Crosley Law: Fighting for Product Liability Victims Throughout Texas
If you and your family are struggling after a defective product changed your life, you may have legal options. Our personal injury attorneys can help you understand your rights, suggest some next steps, and evaluate the strength of your case.
If you have been injured or lost a loved one because of a defective product, contact Crosley Law immediately for your free case evaluation. You can get in touch with us by calling 210-LAW-3000 | 210-529-3000 or using our online form.
United States Consumer Product Safety Commission. (2013, June 14). 2012 annual report to the president and Congress. Retrieved from http://www.cpsc.gov//Global/About-CPSC/Reports/Annual-Reports/FY12AnnualReport.pdf
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
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Crosley Law Firm, PC is a professional corporation of trial lawyers focused on representing individuals and families who have suffered serious personal injuries or wrongful death.