Dallas Product Liability Lawyer

Man wrapping gauze around his arm

When dangerous or defective products injure consumers, they may be able to bring a product liability lawsuit. Product liability refers to a manufacturer, distributor, or retailer’s legal obligation to pay damages for injuries caused by defective products. When consumers use a product as intended and become injured, they may seek compensation for their medical expenses, lost wages, pain and suffering, and more.

If a defective and dangerous product has seriously injured you or your loved one, you need an experienced attorney on your side. The personal injury attorneys at Rochelle McCullough have successfully handled many product liability cases. We understand how devastating it can be to be hurt by a product, and we will work diligently to investigate your case and pursue the maximum amount of compensation possible. Contact Rochelle McCullough today to schedule your free case evaluation and learn more about how we can advocate for you.

What Is Product Liability?

Product liability means that the company that designed, manufactured, or sold products can be held financially responsible by victims who become injured by those products. Companies that design and manufacture products are legally accountable for their product’s safety. Consumers who become injured by these products can file for damages if they get hurt. There are three main types of lawsuits related to product liability: defective design, manufacturing defect, and failure to warn.

Strict Liability 

The Texas Product Liability Act allows injured consumers to hold defendants accountable under the legal theory of strict liability. Strict liability means that the manufacturer, retailer, and/or distributor are liable for the victim’s injuries whether or not they acted negligently. In other words, it doesn’t matter if the defendant was reckless, careless, or behaved willfully dangerously.

When a plaintiff can prove they weren’t properly warned about a dangerous product, they can pursue compensation for their injuries. Recovering compensation is easier when strict liability applies because the plaintiff doesn’t need to prove the defendant’s negligence. However, plaintiffs still need to prove the following elements:

  • The product was defective
  • The product was unreasonably dangerous, and 
  • The defective and dangerous product caused your injuries

Product Liability & Defective Design

When a product is defectively designed, it can be inherently dangerous. When the design is dangerous, there is no way that a product can be safe for consumers. If you’ve been injured by a defectively designed product, you can recover compensation when you can prove that the intended design has an unnecessary risk of causing harm. Even a product that is defectively designed carries the risk of injuring a consumer when they use it. Plaintiffs must show that there was a way to make a substantially similar product safer without spending a considerable amount of money.

Manufacturing Defects

Manufacturing defects occur when a product is built, assembled, put together, or manufactured in a way that makes it unreasonably dangerous. Products can be safely designed but become dangerous because of an error in the manufacturing process. For example, a table saw could be designed with appropriate safety guards, but multiple table saws could be manufactured without the necessary safety equipment during the manufacturing process. If a consumer becomes injured because of the lack of a safety guard, they can pursue compensation because of the manufacturing defect.

Failure to Warn

Companies aren’t always responsible for injuries caused by products that can be used dangerously. There are inherent dangers that come with using some types of products, even when those products are safely designed and manufactured. When dangers aren’t clear, however, companies have a legal obligation to warn consumers about potential dangers. 

For example, pharmaceutical companies must warn patients who may use their products about known side effects associated with the medication. When a company fails to warn consumers of known dangers related to their products and the consumers become injured, then consumers can hold them accountable for their injuries.

Defective Medical Devices

Patients trust that medical devices will help them recover. Unfortunately, many medical devices have caused serious and life-threatening injuries. Certain knee and hip replacements, breast implants, IVC filters, hernia and vaginal meshes, and other medical devices have caused patients additional injuries. When medical product manufacturers fail to ensure their product is safe before they put it on the market, victims can hold them financially responsible.

Defective Auto Parts

Defective auto parts are especially dangerous because they can cause deadly collisions. When auto parts are defectively designed or manufactured or it isn’t installed correctly, it puts you and everyone else on the road at risk. Defective seat belts, tires, airbags, transmissions, and brakes cause yearly injuries and deaths in the United States. 

Dangerous Toys and Children’s Products

Defectively designed or manufactured children’s toys and products can result in strangulation, choking, or suffocation hazards. Medications, food, and teething products marketed toward children may also have dangerous substances. In other cases, children’s items are made with flammable material, placing children at risk for burns. 

Types of Compensation for Product Liability Claims 

Successful plaintiffs are entitled to several types of compensation through a personal injury lawsuit. If you were injured on another person’s property, you may be able to pursue a claim for compensation through an insurance settlement. At Rochelle McCullough, we work with medical and financial experts to carefully determine the value of your claim.  

There are two categories of damages: economic and non-economic. Economic damages are easily quantifiable damages related to your injuries and non-economic damages provide compensation for intangible injuries like pain and suffering. Plaintiffs can pursue damages for the following:

  • Past, ongoing, and future medical expenses
  • Lost wages
  • Lost earning capacity
  • Physical pain
  • Mental anguish
  • Physical limitations
  • Disfigurement
  • Property damage 

Discuss Your Case with an Experienced Product Liability Attorney

Were you or your loved one injured because of a dangerous, defective, or faulty product in Texas? The product liability attorneys at Rochelle McCullough are prepared to review your case and help you understand your legal options. When you become injured due to a defective product in Texas, you can pursue compensation, but you only have a limited time to file an injury claim or lawsuit. Contact Rochelle McCullough to learn more about your legal options by scheduling a complimentary case evaluation.