For Those Charged With a Crime
Defective Products Attorney In Sugar Land, TX
Protecting Consumers Rights from Defective Products
Consumers shop for products with the understanding that the products they bring home not only exceed performance expectations, but also pose no danger to anyone in the family that uses the product. Unfortunately, defective products are a major problem across the United States, as well as the great State of Texas.
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/or emotional distress caused by a defective product.
How to Prove Product Liability in Sugar Land, TX
At the federal level, the Consumer Product Safety Commission (CPSC) is responsible for reducing the risk of death and serious injuries caused by defective products. The commission enforces both voluntary and mandatory product safety standards. Texas also has passed many laws and implemented numerous regulations that clearly define how different products should perform. It a defective product causes an injury to you or someone you love, an investigator assigned to your case will perform a thorough examination of the facts to determine whether the manufacturer and/or the retailer that sold you the product is legally liable for your pain and suffering.
One of the easiest legal roads for proving manufacturer and/or retailer liability is if a product has a history of causing injuries or even death because of a defective part or an instruction guide that contains one or more assembly errors. Our highly trained team of investigators knows exactly how to break down a defective product to determine at what point in the manufacturing process the product became defective.
3 Types of Defective Product Cases in Texas
One of the first items on our to do list for clients in need of legal counsel for a defective product case involves determining the type of defective product case we will handle. In Texas, there are three primary types of defective product cases.
Defect(s) in Product Design
Even if a manufacturer follows all of the proper production guidelines, a product can come out of the manufacturing process defective because it possesses one or more design flaws. The Texas Civil Practice and Remedies Code requires a plaintiff claiming a product design defect to prove more than the design is unsafe and it endangers anyone that uses the product. Plaintiffs in product design defect cases must also prove that a less dangerous design could have been created and the alternative design “would have been reasonable from a financial and technological standpoint.” Moreover, the alternative product design would have maintained the original product quality, while at the same time reducing the risk of personal injury.
Failure to Present a Warning Label
Texas law stipulates manufacturers must present a warning label that warns consumers about possible dangers of using a product and/or provides helpful instructions that prevent a personal injury caused by a product. For example, if a product poses a danger if it is used improperly, the manufacturer must add a warning label informing consumers about what actions not to take when using the product. Manufacturers must also include instructions that help consumers avoid injuries when using the product.
Manufacturing flaws are typically random events that do not affect every product in a production cycle. Most of the time, manufacturing defects are caused by inferior quality control measures that are implemented during the production of a product. Consumers do not need to follow specific criteria for proving manufacturing flaw liability claims. Nonetheless, your experienced product liability lawyer from Capetillo Law firm will present irrefutable evidence of the product’s defect(s).
You Have the Right to Just Compensation
Texas and federal statutes grant consumers the right to seek just compensation for defective product cases. A defective product can cause you to rack up expensive medical bills, as well as lose wages because of the inability to perform on the job. Product liability attorney Adam Capetillo works hard to ensure every client receives just compensation for the pain and suffering caused by a defective product.
A product liability claim filed in civil court can be based on one of the following three factors:
- Warranty of fitness
- Strict liability
Negligence applies to every manufacturing step that happens before a product ends up on a store shelf. It includes a product’s design, manufacturing, and inspection. For strict liability, your Texas licensed product liability lawyer just has to prove the product caused an injury because of one or more defects. The reason for the defect(s) is not germane to the argument of strict liability. Warranty of fitness represents the promise made by the manufacturer that you understand how to use the product and that the product will meet your performance expectations.
Adam Capetillo Fights Hard for His Clients
If a defective product harms you or a loved one, you cannot afford to cut corners by hiring an inexperienced attorney. For numerous years, Adam Capetillo has helped Sugar Land, Texas residents fight back against manufacturers that for whatever reason released a defective product into the consumer market. Proving a defective product caused pain and suffering requires the legal expertise, as well as the tenacious mindset of a highly rated product liability attorney.