A product that has a defective design or is poorly manufactured can cause serious harm. Manufacturers are required by law to produce and market products that are safe when used as directed and to warn consumers of any known dangers of the product. Thousands of new products are put on the market each year in Texas. Some products are rushed onto the market without adequate testing to understand the dangers or side effects that product may cause. People injured by a defective product may have the right to file a lawsuit and seek compensation. A product liability lawsuit may involve unsafe appliances, prescription medications, machinery, power tools, medical devices, automobiles, motorcycles, unsafe toys and many other products. Individuals and families in McAllen who have been seriously injured by a defective product should consult with a knowledgeable attorney about seeking compensation for their medical bills and other related losses. These types of cases are quite complex and require the legal knowledge and resources of an experienced McAllen product liability attorney.
Our McAllen injury attorneys at Herrman & Herrman, P.L.L.C. are prepared to stand up aggressively for your rights if an unsafe product has harmed you or your loved one. Manufacturers should pay full compensation when their products cause harm. We are prepared to pursue the compensation you need to rebuild your life after a serious injury. It is often the case that an unsafe product that has injured you has also harmed others. Our attorneys are committed to protecting consumers from unsafe products. Focusing attention on a defective product can prevent others in McAllen and across the Rio Grande Valley from suffering similar injuries.
Let us answer your questions about whether your injury entitles you to file a defective product claim. Call to schedule a free consultation at our McAllen office (or we can come to you). Let our experienced McAllen injury attorneys review the facts of your accident and discuss your legal options. Seeking legal guidance can help you make better informed decisions about how to move forward. At Herrman & Herrman, P.L.L.C., we are committed to client satisfaction.
When Is a Manufacturer Liable for an Unsafe Product?
The cause of an injury involving an unsafe product may appear initially to be a human error. It often takes an independent investigation by injury attorneys working with product safety engineers to determine whether a product defect led to an accident. As an example, a defective motorcycle component may cause a rider to lose control of a motorcycle and crash. The initial police accident report may simply cite the motorcyclist for losing control and not identify a defective component as the cause.
A product may be defective in three ways and be the basis of a product liability claim in Texas.
- Design Defect —If a product has a faulty design, it may cause an injury regardless of how well made the product is. For example, a sport utility vehicle may have a design defect that makes it more prone to roll over. A motorcycle may have anti-lock brakes that fail without warning or cause a wheel to lock up, putting a rider in jeopardy. Texas personal injury law allows people who have been injured by unsafe products to seek compensation. But product injury cases involve detailed investigations. They require that the people who have been harmed by a product design defect prove that the product caused the injury, that there was a safer alternative design and that the safer design was economically and technically feasible.
- Defect in Manufacturing—The manufacturing process may introduce a defect if shoddy materials are used or a manufacturer fails to have adequate quality control. Errors in the manufacturing and assembly process may necessitate consumer safety alerts and recalls.
- Inadequate Warning—A manufacturer has a legal responsibility to warn adequately of hazards associated with a product, unless the risk is so clear and obvious that a warning should not be needed.
Types of Cases Our Product Liability McAllen Attorneys Handle
Our McAllen injury lawyers handle a wide range of cases involving unsafe products. Among the common types are:
- Dangerous Drugs —Some medications cause unintended side effects that can do lasting harm. It’s not always the doctor’s fault when this happens. Drug manufacturers have a legal duty to make drugs that are safe and effective when used as directed and to warn of known dangers. But many manufacturers hurry drugs onto the market before the hazardous side effects of the medication are fully understood. They fail to give adequate warning of the danger of taking the drugs.
- Defective Medical Devices—Throughout the Rio Grande Valley, patients undergo medical procedures and receive artificial joints, hip implants, stents, heart pacemakers, and surgical mesh to repair hernias. Patients assume that the device that their doctor uses has been FDA-approved and the risks to patients are well understood. Some medical devices are unsafe and cause unintended side effects and serious complications. A patient may have to undergo a follow-up surgery or have multiple procedures to replace the defective device.
- Auto Defects—A defective automotive component that malfunctions at a critical moment may cause serious injuries or deaths. In recent years, product safety recalls have targeted record numbers of defective auto parts, including faulty ignition switches, airbags, tires, seat belts and other components.
- Motorcycle Defects—A malfunction or design defect in a critical system on a motorcycle can expose riders to serious accidents and severe or fatal injuries. When defective brakes, tires, fuel systems, electrical systems, or other parts cause a crash, the injured rider or family of a motorcyclist who is killed may have a product liability claim. Serious motorcycle crashes can cause disabling injuries and a lot of pain and suffering for the victim and family members. If a defective motorcycle part caused the injury, the rider may be entitled to compensation to cover hospitals bills and losses related to the injury.
- Child Car Seat Defects—A well-designed and correctly installed car seat can protect a child during a collision with a car or truck. But a defective car seat can fail to perform when needed most and cause serious or fatal injuries. Many child safety seats have been recalled because of design defects.
- Tools—Inadequate warnings on power tools and equipment can cause serious injuries. Even a person who is following the safety precautions can be injured due to manufacturing defects or unanticipated hazards related to the product’s use.
Let our McAllen injury attorneys at Herrman & Herrman P.L.L.C. answer your questions and provide trusted guidance if you have been injured by an unsafe product. We provide legal representation to individuals and families in McAllen who have been injured by defective products. Our attorneys are committed to helping the people of McAllen and the entire Rio Grande Valley.