Texas Defective Product Lawyers

Serving throughout the Great State of Texas

As a consumer, you’d like to think that every product you bring home will do what it’s intended to without inflicting harm on you or a loved one. Unfortunately, many purchases cause Texas defective product injuries every year. All too often something goes wrong with a product—whether it’s something in the item’s design that’s flawed or a defect that occurred during manufacturing—and a consumer gets seriously injured.

Well-known instances of defective products include the Firestone tire recall that happened several years ago and the cases brought against silicone breast implant manufacturers in the late 80s and early 90s. As these cases demonstrate, claims due to injury by a defective product (called product liability claims) can come in many forms, including the following:

• lawn equipment
• strollers
• tires, car doors, brakes, and other automotive elements
• safety helmets
• real estate (i.e., homes)

No matter the form of your product liability claim, the Texas defective product lawyers of Daniel Stark want to help you get the money you deserve for your injuries and suffering. By contacting one of our offices, you will get your potential case evaluated by one of our product liability lawyers during a free initial consultation. During this time, you can also ask questions you may have about your claim so you can make informed decisions regarding how to best move forward.

Product Liability Basics

For any product liability case, you must be able to prove that the product is defective. Such a defect can occur simply because the product’s design is flawed, something went wrong during assembly or production, or poor instructions or lack of proper warnings lead to injuries. Additionally, the claim can be based on one of three factors: negligence, strict liability, or breach of warranty of fitness, as stated by Cornell Law School’s Legal Information Institute (www.law.cornell.edu). A Texas defective product injury lawyer with Daniel Stark can help you evaluate your claim and identify the type of defect and its cause.

Kugel™ Mesh Patch

The Bard® Composix® Kugel™Mesh Patch is used to repair ventral (incisional) hernias. Incisional hernias are usually caused by the thinning or stretching of scar tissue that forms after surgery. A hernia occurs when part of an internal organ pushes through an opening in the organ's wall and often presents itself as a painful lump in the abdomen or groin. [read more]

Medtronic Sprint® Dangers

On October 15, 2007, Medtronic removed its Sprint Fidelis® heart defibrillator cardiac leads from the market after reports surfaced that linked the devices to patient deaths. [read more]

ReNu® and Fusarium Keratitis

Bausch  & Lomb, an eye health care company, has asked retailers across the  nation to remove its contact lens solution ReNu® with MoistureLoc® from  store shelves after receiving reports of fungal eye infections, known  as Fusarium keratitis, in consumers using the product. [read more]

 

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What Are the Different Forms of Product Liability?

Product liability comes in one of three forms: manufacturing defects, design defects, and products that have “inadequate warnings.” Manufacturing defects, as the name implies, involve instances in which an injury was caused as a result of a defect in the manufacturing of the product. One example of a manufacturing defect includes a pair of roller blades made with loose wheels that when used became separated from the skate, causing the user to fall.

The second type of product liability claim is a design defect. Design defects are cases in which injury is caused to the user due to the poor design of the product. This type of defect is inherent in the product and exists even before the product is manufactured. This can occur even in instances when there is no defect in the actual product itself. An example of this type of product defect could be a tool that was made without any adequate safety or protection devices, and as a result, the user is harmed while using the tool.

Finally, the last type of product liability is a product with a “failure to warn.” This refers to a product that was sold with little or no proper warnings, such as a drug being sold without a warning of potential side effects. For a warning to be effective it must be thorough and conspicuous, and it must warn the consumer of the degree of risk involved in failing to follow the product’s warning instructions. An appropriate warning can make some potentially harmful products into reasonably safe ones.

If you think you or someone you know has been injured as a result of a defective product, you should call our offices for a free initial consultation so that you may fully understand your rights as a consumer.

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Do I Have a Potential Defective Product Claim?

According to the Texas Litigation Guide, a plaintiff in a product liability case will be able to recover for personal injuries on a theory of “strict product liability” if they can establish the following four elements:

• The product is defective.
• The product reached the consumer without substantial change in its condition from the time it was originally sold.
• The defect rendered the product unreasonably dangerous.
• That the defect caused injury to the user.

If you believe you may have been injured by a defective product do not delay! You should seek the advice of an attorney immediately in order to protect your rights. The state of Texas has a statute of limitations of two years regarding defective product cases. The time frame from which the two years begins is usually from the time of the injury that occurred as a result of the defect. However, in some situations, the two year time limit may begin from the time the injury was discovered. This is important in situations in which the injury is not readily apparent, as in cases involving hazardous materials, such as asbestos, where the injuries are not discovered until years later.

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What Are the Different Types of Product Liability Lawsuits?

There are three different types of product liability lawsuits.

• Negligence
  In a lawsuit attempting to prove a negligence theory, the plaintiff must prove four elements:
• That the defendant (or manufacturer) owed a duty to the consumer.
• That the defendant (or manufacturer) breached its duty.
• That you, as the plaintiff, were injured.
• That the defendant’s (or manufacturer’s) breach caused the injury.

Manufacturers have a duty to consumers. In making their products, they must try and prevent injuries that would be likely to result from a reasonably foreseeable misuse of their product. When using a negligence theory, the manufacturer’s knowledge and conduct must be taken into account.

• Strict Liability
  Strict liability is different from a negligence theory in that the injured plaintiff need not show that the manufacturer was knowledgeable of the defect or was at fault. The plaintiff must only show that the product was sold or distributed by the defendant and that at the time the product left the hands of the defendant it was unreasonably dangerous. Strict liability is only concerned with the condition of the product, not the manufacturer’s knowledge or conduct. The injured consumer still must prove his or her right to compensation by showing that the unreasonably dangerous condition of the product is what actually caused their injuries.
   
• Warranty
  Every product has an implied warranty that it is safe for its intended use. However, a defective product that can cause an injury was not safe for its intended use and therefore constitutes a breach of the warranty contract.

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I Want to Pursue a Defective Product Claim. What Now?

In a defective product case, time is of the essence. You should pursue it immediately in order to preserve as much of the evidence as possible. You will need to provide your attorney with all of the information you have about the product as well as the product itself. It is also very helpful to have the information about the store, and where and when the product was purchased. If possible, take photographs of the product, the injury, and where the injury occurred. It is imperative that you keep records regarding any time you may have lost from work, and other documentation we would need to support your claims of damages. In some cases your own lack of documentation may reduce your recovery amount.

Finally, in order to ensure your success in a product liability claim, the product must be saved after the injury or harm occurred, and it should not be changed in any way. Most importantly, get the product into the hands of an experienced attorney such as Daniel Stark so that we may properly preserve the product and have our experts evaluate it. No attorney’s fees will be charged to investigate your claim unless you recover. If Daniel Stark finds your claim has merit and accepts representation, no attorney fees will be charged unless you recover.

1. Auto Accidents
2. Trucking Accidents
3. Wrongful Death
4. Construction Accidents
5. Drug Injuries
6. Defective Products
7. Dog Bite
8. Electrocutions & Burns
9. Medical Malpractice
10. Nursing Home Abuse

1. Avandia®
2. Chantix®
3. Fosamax®
4. Heparin Nationwide Recall
5. Hernia Patch Danger
6. Medtronic Sprint® Dangers
7. MRI Dye (NSF)
8. Ortho Evra®
9. Paxil®
10. ReNu®
11. Rhino ATV Rollover
12. Seroquel®
13. Trasylol®

* Your Questions