What Should I do if I was Hurt by a Defective Product?
Written by Greg on October 13, 2019
As consumers, we use many types of products in our everyday lives. We usually assume that a product will be safe, and we won’t get hurt. Unfortunately, sometimes, a product can cause injuries. When those injuries are severe, victims may be entitled to compensation for damages. If a defective product hurt you, it is helpful to seek guidance from an experienced Houston personal injury attorney. Your attorney will review the details of the accident and talk to you about your available options.
Liability in a Defective Product Claim
Product liability claims generally fall into one of three categories. A product may be manufactured improperly, it may be an unsafe design, or it might not provide adequate warnings or instructions for use.
The result is a faulty product that could cause harm to consumers. The first step in any product claim is to determine the party that is liable for the product defect.
- Manufacturing defect – The product was faulty as a result of a mistake in manufacturing.
- Defective design – The product line had an inherent design fault that causes injuries.
- Inadequate warning – The manufacturer failed to provide instructions or warnings or made incorrect marketing claims.
The determination of liability is not always straightforward.
A retained Houston injury lawyer can evaluate the claim and gather evidence to prove the negligent party. More than one party might be responsible for a defective product injury.
Compensation in a Product Liability Case
If another party is liable for your injury, you could be entitled to compensation for your damages. Damages may include a variety of both economic and non-economic items such as medical bills, pain and suffering, lost wages, and more.
The judge may allow a jury to impose punitive damages. Punitive damages are penalties that the judge applies as a way to punish the defendant for intentional or knowing misconduct. Punitive damages are imposed to prevent the party and others from participating in a similar situation in the future.
If you were hurt due to a defective product, it is essential to seek medical attention and maintain proper records of your medical expenses, along with any other costs that you incurred. You should also notify the company of your injury as soon as it occurs. Make notes regarding where and when you purchased the product and save all packaging when possible. Your attorney will guide you through the process.
Product Liability Cases are Extremely Expensive to Develop
Unfortunately, many people injured by a defective product are unable to find a lawyer to handle the case. When the injuries and damages are not catastrophic, the attorney must balance the out of pocket costs and time required together with the potential for success to decide to accept the case. Out of pock costs to bring and win a product case can quickly run into six figures for an attorney.
Sometimes joining an existing class action is an option for the victims.
Call a Houston Defective Product Liability Attorney
When a company or manufacturer makes a defective product that causes harm to consumers, they may be liable for the damages.
The first step is to contact a knowledgeable attorney to determine whether you need to file a defective product liability claim.
You should talk to an attorney as soon after the injury as possible to ensure that you will have time to make your claim. If you suffered an injury due to a defective product, contact our legal team at Baumgartner Law Firm to discuss the details of your case with a free initial consultation.