When you purchase a product, from medication to the car you drive or a household appliance, you expect it to work as it’s supposed to.
What you don’t expect is that it ends up hurting you or your loved ones, but that’s a reality many people in McAllen face, with hundreds of potentially hazardous products being released to the public every year.
A defective product can cause harm ranging from broken bones to permanent physical disfigurement, and you may be entitled to claim compensation to cover your medical bills, lost wages, ongoing rehabilitation needs, and more.
Under the Texas Product Liability Act, a strict product liability law, manufacturers are responsible for any harm their products cause — regardless of whether they were negligent, careless, or otherwise at fault. If a defective product has caused your illness or injury, you may be able to file a lawsuit to pursue compensation.
While you don’t have to satisfy the difficult burden of proof that a manufacturer was willfully negligent to successfully sue for product liability, you must prove several elements:
You may also be able to file a product liability claim if you have evidence that the manufacturer was negligent and that this led to the product being defective and causing your injuries or if they breached an implied or explicit warranty.
Our product liability lawyers in McAllen can investigate your situation, determine if a company is liable for your injuries, and gather the vital evidence you need to prove that the product was defective.
Our product liability attorneys can also help you receive the maximum payout from your claim, including compensation for medical expenses, lost wages and earning capacity, physical pain, and mental anguish.
A product can be defective in many ways, but defects typically fall into one of three categories: design defects, manufacturing defects, and warning defects.
Design defects happen when there is a fundamental flaw in the intended design of the product. This type of defect is hazardous because it typically affects the entire manufacturing run.
Some examples of design defects include:
Claiming product liability compensation for a design defect comes with an additional burden of proof. You must show that there was an alternative, safer design and that it was feasible for the manufacturer to design the product in this way.
Manufacturing defects are usually the result of an error in the creation or assembly process. If products are handmade or part of a small manufacturing run, there might only be a small number of items affected. However, in today’s world of mass production, a manufacturing defect could impact a large number of products.
Examples of manufacturing defects include:
The final category of defects is a failure to warn, and it applies when a product doesn’t come with appropriate warning labels and instructions.
Some products, such as medications, power tools, and machinery, are not inherently safe. Even if there isn’t a design defect in the mower you use to trim your lawn or the flat iron you use to straighten your hair, there is still a risk of harm. Because of this, the product should come with a warning label and instructions for use. If they do not, and you’re injured while using the product, you could be entitled to compensation.
We know it can be intimidating to take action against the party responsible for your injury. However, our defective product lawyers are unafraid to fight for the justice you deserve if any of the following has hurt you:
Medication can suffer a defect during the packaging process, but it can also be defective in other ways. Many drugs are approved by the U.S Food and Drug Administration but are later found to be dangerous, including birth control, acid reflux drugs, and antidepressants.
Children’s toys are also commonly defective. Smaller toys may be made incorrectly and could pose a choking hazard, while large items may have a design defect that makes them prone to falling over and trapping children. If your child got hurt due to a product defect, our McAllen personal injury lawyers can help.
Defective vehicles and auto parts are common, and they can cause life-changing injuries or even wrongful death. If you believe a defect has caused your injury, you could be entitled to product liability compensation. Common examples of auto defects include defective brakes, seat belts, tires, and airbags.
At Patino Law Firm, we know how devastating it can be to be injured by a product you trusted to be safe. You could be entitled to compensation, but it’s not a task you have to tackle alone. Our understanding and caring product liability lawyers are on your side and can fight to get you the compensation you deserve so that you can focus on your recovery.
Get in touch with your McAllen Law Ninja today by calling 855-LAW-NINJA or filling in our contact form to find out if you have a claim and how much you could be entitled to.
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