With millions of products introduced into the flow of commerce each year, it is inevitable that some of them will be defective, and it is not surprising that more and more consumers are injured every day.
From product defects, equipment failures, and thousands of other product malfunctions, consumers are at a higher risk than ever before.
Recently, a Texas couple sued Apple, alleging their 12-year-old son suffered “permanent hearing loss” after an Amber Alert produced an “ear-shattering sound” while he was wearing Air Pods.
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 look to help you get the most compensation possible. If you were injured by a product, call us today for a consultation.
Types of Defective Products
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:
-Consumer and electronic products
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 2021 there were more than 2.5 million recalled products, representing an increase of more than 10% over the previous year.
Children are especially prone to injury because of items that were specifically designed for their use. Particularly worrisome are 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 set of Air Pods, in the example mentioned previously, sent an alert, without warning, tearing the boy’s eardrum, and damaging his cochlea, located in the inner ear, causing “significant injuries” to his hearing.
With so many different types of products, any one of them can cause serious 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:
-A design flaw
-A manufacturing defect
-A marketing defect
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 marketing defect can be avoided by providing the consumer with a label that points out the inherent dangers of the item.
Often, if a product does not warn the consumer of a hazard that would be considered obvious, it may be considered a marketing defect.
Defects in product liability cases require careful examination of the facts that led to the injury. Often, 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 demonstrate 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. Instead, it will hold a manufacturer liable simply for introducing an item, which caused an injury, in the commercial flow.
Manufacturing defects and strict liability issues require the assistance of an experienced product liability attorney. 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, 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 maximize your compensation and file the case.
It is our goal to help you resolve your defective product 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 ensure 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 several defective product accidents in Texas and around the nation.
For example, we are currently involved in a legal matter with Apple, the world’s largest technology company, in a case involving a set of defective Air Pods that had no warnings or instructions on how to change the volume of certain sounds. This flaw caused damage to a 12-year-old’s hearing. The boy has suffered from bouts of dizziness, vertigo, and nausea, in addition to sudden and permanent hearing loss in his right ear, as well as other significant and temporary or permanent injuries, pain, suffering, and the loss of the pleasures of life.
Included in our lawsuit are complaints regarding the volume on Air Pods, alleging Apple knew about them.
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.
Contact PMR Law Today
At PMR Law, our attorneys have experience handling cases involving injuries caused by defective products in Houston and the surrounding region. We can help you regardless of the type or severity of the injury. Reach out online or by phone to speak with a Houston injury attorney.
Contact our defective product lawyers at 832-844-6428 Get in touch with us immediately so we can evaluate your case for free. We are available 24 hours a day, 7 days a week. You can also fill out a form by clicking here.
PMR Law is considered one of the Best Law Firms of America, by Rue Ratings. Several of our attorneys have been given the honor of being named Super Lawyers by Thomson Reuters. The American Institute of Personal Injury Attorneys has named our attorneys 10 Best in Client Satisfaction. Speaking of personal injury, Attorney and Practice Magazine awarded our attorneys with Top 10 Personal Injury Attorney distinctions. The National Trial Lawyers have named three of our attorneys as Top 100 attorneys. The Academy of Attorneys has named two of our attorneys as Top 40 Under 40. Our attorneys have been recognized as Best Attorneys of America, by Rue Ratings. PMR Law is a proud member of the Multi-Million Dollar Advocate Forum. Texas Lawyer magazine has named PMR Law as the #1 Personal Injury Law Firm in Houston.