Serving Clients Nationwide from Our Texas Offices in Corpus Christi, San Antonio, Austin, and Houston
When a consumer product turns out to be dangerous and causes serious injury or illness, there may be grounds for a product liability claim. Every year, thousands of defective and unsafe products are removed from the market with a recall. Unfortunately, many defective products are only found after multiples injuries have been reported.
In general, there are three different kinds of product liability claims:
- The product was manufactured with a defect
- The product has an inherent (and dangerous) design flaw
- The product has insufficient instructions and warnings regarding proper usage
In each of these categories, it must be proven that the issue with the product caused an accident and the subsequent injury. At Thomas J. Henry, our experienced product liability attorneys can help evaluate your claim (for free) and determine which category your accident and injury falls under. Call us for a free consultation at any time — we are available 24/7, nights and weekends.
TYPES OF DEFECTIVE CONSUMER PRODUCTS
Unsafe and defective products come in many forms. Almost any product can prove to be dangerous if it was manufactured with a defect, designed improperly, or sold to consumers without sufficient usage instructions. Here are a few examples of defective and recalled products:
- Kitchen appliances
- Handheld electronics
- Infant or baby products
In addition, millions of vehicles are recalled each year in the United States due to manufacturer defects. Dangerous pharmaceutical medications and faulty medical devices also affect thousands of lives each year, causing long-lasting and permanent injury and illness.
COMMON PRODUCT LIABILITY INJURIES
Thousands of tragedies occur each year when people use dangerous products. Depending on the specific defect, injuries can vary from minor cuts and lacerations to paralysis, brain injuries, and death. Here are a few examples of injuries commonly associated with defective products:
- Asphyxiation (through choking or strangulation)
- Broken bones and fractures
- Soft tissue injuries
- Cuts and lacerations
- Traumatic brain injuries
- Permanent disfigurement or scarring
- Amputation/loss of limb
- Spinal cord and neck injuries
- Severe medical conditions
Whether from a car accident or a defective blender, no matter how an accident occurs, injuries will cause pain — physically and financially. Severe injuries can put you out of work, causing you further financial headaches as medical bills continue to pile up. Thomas J. Henry can assist with alleviating your financial woes and help you get back on your feet while we pursue your product liability claim.
CONTACT AN EXPERIENCED PRODUCT LIABILITY ATTORNEY
If you or a loved one have suffered an injury or illness due to a defective or dangerous product, contact Thomas J. Henry. Over two decades of experience handling a multitude of defective product cases and extensive legal and financial resources allow us to provide our clients with truly dynamic legal representation. Thomas J. Henry has a proven track record of achieving real results for clients devastated by recalled products.
Let us help you recover the compensation you are entitled to. Our firm has offices in Corpus Christi, San Antonio, Austin, and Houston, serving clients across Texas and nationwide. Contact us today for a free case review.
RECENT VEHICLE RECALL RESULT
$30.2 MillionExpenses: $39,576.15 | Attorneys Fees: $10,060,980.00 | Net to Client: $20,121,960.57
Product Liability FAQs
Do you have pressing questions regarding an injury caused by a recalled or defective product? Check out the following FAQs. If you don’t find your answer below, contact us and speak with an experienced product liability attorney at anytime.
- What should I do if a drug I’m taking has been recalled?
If you suspect that a drug you are taking is causing side effects or if the drug has been recalled, first contact your doctor to discuss your treatment options and safe alternatives. If you believe you have suffered an injury because of a dangerous drug, you should call an experienced dangerous drug lawyer.
- What is a product liability lawsuit?
A product liability lawsuit is when an injured person sues the supplier, manufacturer, seller or provider of a product for damages because the injury was caused by a dangerous problem with the product. Problems may include a dangerous defect, design, or improper warning labels or instructions for safe usage.
- When are products considered defective or dangerous?
A defective product is any product that doesn’t do what its designer or manufacturer created it to do. Usually only defects involving injuries go to court. Some products are defective because there was a mistake at the factory where they were made. In this case the product you bought hurt you because it was broken when it was made. Other products nearly identical to your product will likely not be broken in the same way and thus they won’t cause any injuries.
- Can I recover damages after being injured by a defective product that I didn't own?
In recent years, it has become more common for damages to be awarded for injuries caused by dangerous products, even if the product was not owned by the person who was injured. People have been hurt while using yard care equipment, such as a lawn mower, that they borrowed from a neighbor. The largest number of product liability lawsuits is filed for compensation for injuries to children that were caused by defective toys. Some of these injuries occur while a child is playing at a friend’s house or under another family member’s supervision. State laws hold manufacturers who produce defective products responsible whether the product injures the owner, a friend or family member, or an innocent bystander.
- What type of damages can I recover in a product liability lawsuit?
Like other types of personal injury lawsuits, you may be awarded for your medical costs (past and future), mental anguish, pain and suffering, and lost wages (past and future). If the person, company or manufacturer the court held responsible for producing a dangerous or defective product acted so badly the court wants to teach them a lesson, then more damages might be awarded. This type of compensation is called an award for punitive damages. A punitive damage is imposed both as a form of punishment and to warn other people or companies from acting in the same way in the future.
- Can the manufacturer of a defective product be held liable even if the product contained a disclaimer?
Yes. A product manufacturer’s use of a disclaimer usually will not be enough to provide a complete defense to a product liability claim. It is well established that a product manufacturer has a duty to warn and instruct in the proper use of its product at the time the product leaves the manufacturer. In situations where the product manufacturer is receiving information about failures of its product in the field, there can arise an additional obligation to warn and instruct called a post-sale duty to warn. It may include an obligation to retrofit or recall the product before additional injuries and deaths occur.
- Why do I need to hire a product liability lawyer?
Product manufacturers and their insurers have significant resources and personnel to immediately begin preparing a defense of the claim. It is in your best interest to retain an experienced product liability lawyer as soon as possible. Gathering evidence as soon after an injury occurs for the evidence or any pieces of evidence are lost can be crucial to the successful outcome of your claim. Thomas J. Henry has experience representing victims of dangerous and defective product accidents across the country. In addition, our product defect attorneys are backed by the legal and financial resources necessary to take on large corporations and companies.
- How do I know if my injury was caused by a defective product?
With some exceptions, the existence and significance of defective conditions in a given product are usually not obvious, and can be difficult for most consumers to identify and evaluate. Therefore, as a practical matter, determining whether a product is “defective” will usually require analysis by a products liability attorney and an engineer or other professional with applicable expertise. An injured party should not assume that he has no product liability case because a product defect is not obvious or readily apparent to him. The defective condition may be latent, or it may only be apparent to someone with considerable expertise about the type of product involved. Therefore, the injured party should not give up on a potential product liability claim until they have consulted with a product liability attorney who can retain experts to study the product which caused someone’s injury or death.
- Is there a time limit for filing a product liability claim?
Under Texas statute of limitations, a person must bring suit for personal injury within two years after the injury took place or the date on which the victim discovered the injury. However, Texas’ product liability statute of repose can also have an effect on when a product liability action must be made by. According to the statute, product liability lawsuits cannot be filed later than 15 years after the product was first sold by the company. If you are unsure if you are able to file a lawsuit, contact our experienced product liability lawyers, available 24/7 to assist you with your questions and concerns.
- What should I do if I want to pursue a product liability claim?
There are a number of things you can do in the first few days or weeks after an accident to protect your rights to compensation and strengthen your potential product liability claim, such as:
-Write down as much as you can about the accident itself, your injuries and any other losses (such as wages) you’ve suffered as a result of the accident.
-Make notes of conversations that you have with persons involved in the accident or the injury claim.
-Preserve evidence of of who caused the accident and what damage was done by collecting physical evidence and taking photographs.
-Locate people who witnessed the accident and who might be able to help you prove your case.
-Contact an experienced product liability attorney to evaluate your claim.