Defective Product Cases
Defective Products Can Cause Serious Burn Injuries
With millions of products introduced into the flow of commerce each year it is inevitable that some of them will be defective. Defective products cause millions of injuries annually. From product defects, medical equipment failures, and thousands of other items that consumers use every day, it is not surprising that more and more consumers are injured every day.
Product liability law examines the causes of a defective product to determine who is liable and, once the responsible party is identified, helps the victim receive compensation for their injuries. Both individual and class action lawsuits use the courts to help protect consumers when an item does not perform as it should.
Product liability law can be difficult and is fraught with complex issues related to the design and manufacture of an item. The Houston product liability attorneys at PMR Law can help. With years of experience serving our clients, we know how to help you get the most compensation possible. If you were injured by a product, call us today for a consultation.
Everything that is produced and brought into the business stream is considered a product. Typically, defective products that cause injury fall into a few broad categories, such as:
With so many parts required for a product to function properly, a failing component can create a serious safety hazard and put anyone at risk of injury. If the number of product recalls is any indication of the magnitude of the problem, in 2019 there were more than 2.9 million recalled products, representing an increase of more than 13% over the previous year.
Children are especially prone to injury as a result of items that were specifically designed for their use. Parts that can catch on fire are particularly worrisome design and manufacturing defects that injure thousands of children each year.
There are more electronic devices in our homes today than there ever were before. From computers and televisions to cell phones and security systems, there are countless devices that can fail and cause serious injury. A faulty space heater, for example, can overheat, creating a fire hazard that can burn the victim and destroy a home in minutes.
With so many different types of products, any one of them can cause serious burn injuries when they don’t work the way they were intended. If you were injured by a defective item, speak with our product liability attorneys today. We can help determine who is responsible, and help you get the compensation you deserve.
Types of Product Liability Defects
There are three categories of defects when it comes to product liability. These three categories are:
Defective designs are usually present until the planning phase of the item and are caused by a defect in the design of the product for its intended use. This type of defect occurs when the product design is excessively dangerous and normally affects every unit of the product produced. This often requires a recall of the entire product line.
A manufacturing defect is one that did not exist in the production planning stage, but is the result of a fault in the line that produced it. Since the failure is not necessarily inherent in the design, typically only a small number of items suffer from the defect, requiring less recall.
Marketing defects occur when a product fails to advise a consumer of the reasonable risks associated with using the product. A merchandising defect can be avoided by providing the consumer with a label that points out the inherent dangers of the item.
Often times, if a product does not warn the consumer of a hazard that would be considered obvious, it might not be considered a marketing defect.
Defects in product liability cases require careful examination of the facts that led to the injury. Often times, the burden of proof is on the plaintiff to establish that the defect existed in the first place. There are other avenues of litigation in cases where it would be difficult for the plaintiff to establish that the defendant created a defective product. Strict liability is a legal theory that allows the plaintiff to attribute liability without having to show that the manufacturer acted negligently. Rather, it will hold a manufacturer liable simply for introducing an item, which caused an injury, in the commercial flow.
An experienced product liability attorney can provide assistance in navigating manufacturing defect and strict liability issues. From the evidentiary issues to the amount of compensation available, a product liability attorney understands how complex these cases can be. With years of experience working to help our clients, the product liability attorneys at PMR Law can help. Call us today for a consultation.
How we work cases:
- Investigation – Your attorney will aggressively investigate your case. PMR Law will compile all the necessary evidence to try and maximize the value of your case. This includes, but is not limited to, photographs, police reports, security camera recordings, witness statements, medical bills, and medical records.
You will remain in constant contact with PMR Law regarding the progress of your case.
- Negotiation – Before going to court, your attorney will present your case to the product manufacturer or its insurance company and attempt to settle your case for the highest possible compensation.
Your attorney will make every effort to resolve your case promptly and for the maximum amount of money to which you are entitled. You will be actively involved with your attorney in the negotiation process. PMR Law understands that this is your opportunity to obtain justice for your loss.
- Litigation – If negotiations are unsuccessful, PMR Law will be prepared to take your case to court and fight for the justice you deserve.
- At no upfront cost to you, PMR Law will hire the necessary experts and professionals to try to evaluate and help maximize your compensation.
It is our goal to help you resolve your personal injury case efficiently and effectively. We will negotiate extensively with insurers and other parties involved to reach a settlement that provides you with fair compensation. Should you have questions about the terms or anything related to the offer in your case, we will make sure that you have an ample opportunity to discuss any concerns with our team.
While we believe strongly in our negotiation skills, sometimes the other side is going to dig in and want to fight. If that happens, you have an experienced team working for you. We have handled a number of complex burn injury accidents in Texas and around the nation, most recently, we resolved a dispute with Midea, the world’s largest producer of major appliances, in a case involving a toddler that had to undergo an amputation after a heater caught fire.
Our attorneys are skilled litigators, and we will not hesitate to go to court if it is the only way to get you fair compensation.
Learn more about our personal injury practice
To meet with one of our attorneys to discuss your specific injury claim, call 832-835-0393 or send us an email. We will provide you with a thorough analysis and tell you exactly what we can do to help. We offer free consultations, and there are no attorney’s fees unless we are able to recover compensation for you. Se habla español.