When you visit your local retail store to pick up a new toy for your child or a household appliance, the last thing on your mind is, "Will this product be safe for me to use?" As a consumer, you expect all products to be reasonably safe – as you should – but unfortunately, but this is not always the case.
At The Lenahan Law Firm, our Dallas product liability attorneys have worked with many clients who have suffered serious injuries or illnesses, or even lost a loved one, due to defective products. Design and manufacturing companies have a responsibility to take care of their consumers and ensure that they are as safe as reasonably possible. If you have suffered due to a defective product, then you deserve fair and proper compensation. Call our firm at (214) 295-1008 for a compassionate helping hand.
There are many kinds of defective products, each with its own associated risks and dangers. At The Lenahan Law Firm, we have a thorough understanding of the various types of product liability claims that victims may file in countless different scenarios. In our experience, some of the most common defective products include:
Auto defects: There have been countless cases of cars and auto parts being defective and causing massive damages in accidents. The most memorable may be the series of recalls issued by Toyota in 2009-2011. The defective cars resulted in countless suits being brought against the company, as many people had suffered serious injuries and property damage. Cars should always be properly tested before being released in order to catch any potential defects within the design and manufacturing.
Children’s toys and other items: It goes without saying that products meant for infants, toddlers, and children should always be made with the utmost care. Children are among the most at-risk groups when it comes to recovering from injuries and illness. Unfortunately, toys and other items meant for children are one of the more common products to become defective, as they can be made cheaply and quickly. This can include food, clothing, and toys, each of which can cause serious illnesses or injuries to children. If your child has been hurt by a defective product, you should seek the help of a skilled attorney as soon as possible.
Product liability refers to the area of law in which manufacturers, distributors, suppliers and retailers are held accountable for the injuries that their products cause to consumers. Since a single product is passed between so many hands before it actually makes it onto store shelves, you must determine who is actually responsible for providing an inherently dangerous product.
If, for example, your child was injured after falling out of a baby chair, you would need to figure out who the liable party is, otherwise you will not be able to win your case. Filing a claim against the incorrect party is a surefire way to make sure the claim fails. Understanding the three types of liability can ensure that that doesn’t happen, however.
Design: A design defect means that the product’s specifications are inherently defective. In the case of a child’s chair, that could be that the design made the legs unstable or weak, making a fall or break incredibly likely. A design flaw means that every person who buys the product is at risk for injury or illness. It also means that the company behind the product is likely the one at fault, as they did not test their design properly.
Manufacturing: When a defect occurs during the manufacturing process, it means that that product was not meant to be built in the way that it was. Continuing the child’s chair example, if the screws in the chair were not drilled in far enough, it could mean that the chair is now at risk of falling apart. When it comes to manufacturing defects, the liable party is usually the company overseeing the building of the product, which may or may not be the original designer.
Marketing: The marketing group is responsible for creating the label that goes on the product, as well as all related advertisements. These ads and labels should always include proper warnings for consumers, ensuring that those who use the product know how to do so safely. In the case of the chair, if the label does not include a warning about the weight limit that the chair can take, it may lead to a consumer placing more weight on the chair than is safe, causing it to break. If proper warnings are not included, then the company or group responsible for the marketing can be held liable.
Depending on the conclusion of your investigation, you would then be able to determine who is responsible for providing you with damages, whether it is the design team, the manufacturing team, or the marketing team.
If you have been injured by a dangerous or defective product, you may be wondering whether or not it would be worth it to pursue compensation. The idea of filing a personal injury lawsuit can be off-putting to some, but the legal team at The Lenahan Law Firm encourages you to explore your options before making a final decision. To start, it may be helpful to understand just how much your case could be worth.
According to a study that was conducted by Jury Verdict Research, the median compensatory award for product liability cases is approximately $1,532,000. When looking at these cases more specifically, however, the median awards are as follows: Industrial and Construction Product Liability ($1,254,000), Medical Product Liability ($1,254,000), Commercial Product Liability ($725,000), and Consumer Product Liability ($279,000). Although it cannot be guaranteed that your case will follow a similar trend, it is a good way to gauge the potential worth.
Have you been injured by a dangerous or defective product in Dallas? If so, it is imperative that you take action quickly – as all personal injury claims are subject to the state's statute of limitations. This means that you only have a limited amount of time to pursue the compensation and the justice, that you deserve. For this reason, The Lenahan Law Firm encourages you to get in touch with a Dallas injury lawyer at the firm as soon as possible.
Our valuable legal advice is free when you call the firm toll-free at (888) 473-2820 or submit a free case evaluation form online, so do not hesitate to take the first step today. We look forward to hearing from you soon!