When manufacturers create defective products, they take unnecessary risks with consumers’ lives. Defective products can cause serious injuries, including severe burns, lacerations, and medical conditions. When companies shirk their responsibilities to design reasonably safe products to increase profit, injured consumers can hold them accountable through a product liability lawsuit. If you’ve been injured by a defective product, contact our Dallas product liability lawyers.
Why Choose Rochelle McCullough?
The attorney Rochelle McCullough has recovered millions of dollars collectively for our clients. We have changed the lives of many clients who have suffered injuries from defective products by obtaining favorable settlements and court awards for them. Our attorneys have extensive experience negotiating with insurance companies in product liability cases.
Doing so shows insurance companies we will not back down and accept a settlement offer too low to cover all of our client’s expenses. We accept Texas product liability cases on a contingency fee basis. Our attorneys only charge for their time when we succeed.
Product Liability Matters We Handle
At Rochelle McCullough, we have decades of experience advocating for victims who have been injured by defective products. Our experienced attorneys are knowledgeable about Texas product liability laws and work with clients in a wide range of defective product disputes, including the following:
- Manufacturing defects
- Malfunctioning vehicle brakes
- Defective designs that make products inherently dangerous
- Missing safeguards on products, such as industrial equipment
- Defective designs in medical devices
- Failure to warn of dangers related to a product
- Product malfunctions that lead to the emission of toxic chemicals
- Dangerous, unknown side-effects of medications
Defective Auto Part Claims
Defective car, truck, and motorcycle parts are dangerous because they can cause drivers to lose control of their vehicles and cause deadly collisions. Defectively designed or manufactured auto parts and parts that aren’t installed correctly can put the driver, passengers, and everyone else on the road at risk of harm. Defective seat belts, tires, transmissions, airbags, and brakes are a leading cause of motor vehicle accidents and injuries.
Dangerous Children’s Products
Defectively designed or manufactured children’s products can result in choking, strangulation, or suffocation hazards. Children’s food and drinks, medication, toys, and teething aids may also have dangerous substances or components. Children’s items made with flammable material put children at risk for severe burns.
Defective Medical Devices
Although the Food and Drug Administration (FDA) regulates medical devices, they can become available on the market before being thoroughly tested. Knee and hip replacements, hernia and vaginal meshes, breast implants, IVC filters, and other medical devices have caused serious life-threatening injuries.
Proving Liability in a Defective Product Lawsuit
A consumer can bring a lawsuit against a product manufacturer when the product was defectively designed or manufactured. Additionally, consumers can pursue a lawsuit when the seller or manufacturer fails to warn the customer or provide enough safety warnings about a known dangerous characteristic of a specific product.
When the legal doctrine of strict liability applies, the consumer doesn’t need to prove the manufacturer was negligent. Instead, they will only need to prove that the product was defective. However, proving that the product was defectively manufactured, designed, or marketed doesn’t automatically mean that the consumer can pursue a strict liability case. The consumer will still need to prove the following elements to recover compensation successfully:
- The product was defectively designed, manufactured, or marked
- The product wasn’t altered after its original sale
- The product’s defect or lack of warning made it unreasonably dangerous, and
- The defect directly caused the consumer’s injury
Wholesalers and retailers can also be held strictly liable for the defective products distributed or sold in their retail locations. The consumer must prove that the product’s defective condition caused his or her injuries. Additionally, they will need to prove the following two elements:
- The distributor or seller was engaged in the business of selling the defective product
- The product was expected to and did reach the consumer without a significant change in its condition from the point at which it was sold
Types of Compensation Available in Product Liability Claims
Successful plaintiffs are entitled to several types of compensation through a personal injury lawsuit. Defective products can cause a wide range of life-changing, catastrophic personal injuries. Injuries caused by defective products can include severe burns, brain injuries, back, neck, and spinal cord injuries, injuries to children, internal organ injuries, and nerve damage.
In addition to physical injuries, defective products can cause psychologically and emotionally traumatic accidents, causing post-traumatic stress disorder or depression. The two main categories of damages: economic and non-economic. Economic damages are easily quantifiable damages related to your injuries, and non-economic damages compensate for intangible injuries like pain and suffering. Plaintiffs can pursue damages for the following:
- Past, ongoing, and future medical expenses
- Lost earning capacity
- Lost wages
- Physical pain
- Mental anguish
- Physical limitations
- Property damage
What Is the Value of My Product Liability Lawsuit in Texas?
There’s no simple formula for calculating the potential value of your product liability claim. Every case is unique, and the value of your claim will depend on multiple factors. Generally, past, current, and future medical expenses comprise the majority of the plaintiff’s claim for compensation.
Medical bills and rehabilitative costs quickly after a person is seriously injured. Rochelle McCullough regularly works with medical and financial experts to carefully determine the value of your claim. We will carefully examine all of the factors that could impact the amount of your potential recovery, including whether you’ll need ongoing medical care.
Injuries from Product Liability
The potential injuries stemming from product liability cases can vary widely and may include:
- Physical Injuries: Defective products can cause a range of physical injuries, from minor cuts and bruises to severe injuries like broken bones, burns, and traumatic brain injuries.
- Illnesses and Medical Conditions: Products like pharmaceuticals, medical devices, and contaminated food items can lead to illnesses, allergic reactions, or exacerbation of existing medical conditions.
- Burns and Electrical Shocks: Defective electronics, appliances, or machinery can cause burns and electrical shocks, ranging from minor to life-threatening.
- Choking and Suffocation: Inadequate warnings or design flaws in toys, child products, or small parts can lead to choking or suffocation, particularly in young children.
- Lacerations and Amputations: Poorly designed or malfunctioning tools, machinery, or equipment can lead to serious lacerations or even amputations.
- Explosions and Fires: Defective gas lines, flammable materials, or malfunctioning products can result in explosions, fires, and severe burn injuries.
- Poisoning: Contaminated or toxic products, such as food, beverages, or household items, can cause poisoning, leading to serious health issues.
- Musculoskeletal Injuries: Poorly designed ergonomic products, such as office chairs or equipment, can contribute to musculoskeletal injuries like strains and sprains.
- Head and Brain Injuries: Defective helmets, safety gear, or automotive components can result in head injuries, concussions, and brain trauma.
- Emotional Distress: Defective products causing accidents or injuries can lead to emotional distress, anxiety, and psychological trauma.
- Wrongful Death: In the most tragic cases, defective products can lead to fatalities, prompting wrongful death claims by surviving family members.
Product liability laws are designed to provide recourse for individuals who suffer injuries due to defective products. If you believe you’ve been injured as a result of a defective product, consulting with our product liability attorneys can help you understand your rights and pursue appropriate legal action.
Has a Defective Product Injured You? Our Dallas Product Liability Lawyers Can Help
Did a dangerous, defective, or faulty product cause you or your loved one to become injured in Texas? The skilled product liability attorneys at Rochelle McCullough are prepared to review your case. We will answer your questions and help you understand your legal options. The sooner you discuss your case with an attorney, the more time your attorney will have to investigate your case and gather evidence on your behalf. Contact Rochelle McCullough to learn more about your legal options by scheduling a complimentary case evaluation.