Usually, we take it for granted that the products we use are safe but there can be significant dangers from defective products. Unfortunately, defective products are released into the market every day, and these products can cause serious injuries and even death. If a product is defective, you can not anticipate the dangers because you are using it as it was intended.
If you or a loved one were injured by a defective product in Fort Bend County, you should reach out to an experienced products liability attorney. If you used a product as intended or how it is normally used and were injured, you might be entitled to compensation under the law.
What are Common Defective Products Cases in Sugar Land?
Any product can end up being defective and dangers from defective products obviously may be life threatening. Some types of defective products cases occur more frequently than others. Four of the most common defective products cases in Sugar Land, Texas include:
• Auto Parts. Auto part defects can occur in any part of the vehicle, from the engine and brakes to the airbags.
• Dangerous Drugs. Even after being approved by the U.S. Federal Drug Administration, many drugs are found to be connected to negative and deadly patient outcomes.
• Medical Devices. Medical devices, like drugs, can also be connected to serious negative side effects. Hernia and vaginal meshes and certain knee and hip replacements are examples of defective medical devices.
• Toys and Children’s Items. There are many ways that toys and children’s items can be defective. For example, they could pose a choking, strangulation, or suffocation hazard.
What are the Three Types of Product Defects Recognized Under Texas Law?
There are three primary categories of defective products in Texas.
1. Design Defects
A product with a defective design endangers its users even when it is made perfectly. To have a successful claim, the Texas Civil Practice and Remedies Code requires you must prove that the product was unsafe and endangers anyone that uses it. You must also prove that a less dangerous design could have been used; using that design would have been reasonable from a financial and technological standpoint; the alternative design would have kept most of the product’s use and utility while reducing the risk of injury.
2. Manufacturing Defects
Manufacturing defects occur when something goes wrong during the creation and assembly process. The defective product does not adhere to the intended design. Texas law does not require plaintiffs to meet special criteria, but you must demonstrate clear evidence of the product defect.
3. Warning Defects
In Texas, a product is considered defective when the manufacturer does not provide proper warning or instructions about its use. Consumers must be warned about potential dangers and instructions regarding how to avoid injuries.
What is the Legal Basis for Defective Product Cases in Sugar Land?
Cases relating to defective products are called product liability claims. In Texas, a product liability claim can be based on one of the following legal bases:
• Strict Liability. Strict liability means that the manufacturer is held legally responsible for your injuries, whether or not they were careless, reckless, or behaved in a willfully reckless way. Your attorney only has to prove that the product caused your injury because of one or more defects.
• Negligence. A manufacturer owes a duty of care to its consumers throughout the product’s design, manufacturing, and inspection.
• Breach of Warranty. A breach of warranty occurs when an individual bases a product’s performance on the warranty distributed with the product and the manufacturer fails to fulfill those terms.
What Compensation is Available in Defective Product Cases in Sugar Land?
The compensation that you will be entitled to will depend on the unique facts of your case and the severity of your injuries. You may be able to recover damages for:
• Medical expenses;
• Lost wages;
• Lost earning capacity;
• Physical pain;
• Mental anguish;
• Physical Limitations;
• Disfigurement; and
• Property Damages.
Defective products cases are complex and difficult to win. Unsuspecting users may be unaware of the dangers from defective products and need an attorney like Attorney Adam Capetillo to fight to ensure that you receive the compensation you deserve.
Your Sugar Land Product Liability Attorney
Attorney Adam Capetillo understands the pain and suffering inflicted by a defective product. Adam has dedicated a part of his law practice to representing clients that have endured the physical and emotional toll of interacting with a dangerous product. From the initial consultation to the winning of a civil court claim, Adam Capetillo is with his clients every step of the way to prove the physical and emotional distress caused by a defective product. Call Capetillo Law Firm today for a free consultation.