Were you or a loved one injured by a defective product in Galveston, TX? You may be entitled to compensation from the manufacturer, seller, and other responsible parties. A Galveston product liability lawyer can help you fight to recover fair compensation for your medical bills, lost wages, pain, suffering, and other losses.
At The Law Firm of Alton C. Todd, we’ve won over $500 million in settlements and verdicts for our injured clients. We have over 58 years of combined experience–and we’ll use that to your advantage.
How Can The Law Firm of Alton C. Todd Help With My Product Liability Case in Galveston, TX?
You should be able to expect that the products you use are reasonably safe. Unfortunately, that’s not always the case. While you are entitled to seek compensation for your losses, facing off against a big product manufacturer and their defense attorneys is always intimidating. It can also be tough to prove the product was defective.
An experienced Galveston personal injury lawyer can help you overcome any challenges you face. At The Law Firm of Alton C. Todd, our experienced team will handle all of the legal issues while you recover.
Our AV-rated attorneys are Double Board Certified by Texas Board of Legal Specialization. We’ve been recognized nine times by Super Lawyers for our excellent legal services.
You can expect us to:
- Conduct a thorough investigation to identify the product defect
- Determine whether others have suffered similar harm
- Put a fair dollar value on your damages
- Retain experts to strengthen your case
- Negotiate with the manufacturer and their insurance companies for a full settlement
It’s easy to get the legal advice you need and deserve with help from our qualified personal injury law firm. Contact our Galveston personal injury attorneys today to schedule a free case evaluation.
What Is Product Liability?
Companies in Texas are responsible for releasing consumer products that are reasonably safe. They’re also required to provide adequate notice about existing dangers.
When a product is defective and people are hurt because of the defect, the responsible company can be held liable for damages. This includes manufacturers, retailers, and distributors.
Product liability laws are different from typical personal injury laws. Product manufacturers are strictly liable for injuries caused by defective products. If you can prove a product was defective, you won’t have to prove that the company was somehow negligent to recover damages.
How Do I Prove I’m Entitled to Compensation if I Was Injured Due to a Defective Product in Texas?
Instead of proving negligence, you must prove that the product was defective.
Three types of defect can give you the right to sue for damages:
Some products are inherently dangerous because of the way they’re designed. Even if everything goes according to plan during the manufacturing process, the product will still be unreasonably dangerous for consumers.
To recover damages in design defect cases, plaintiffs must prove that:
- A reasonable alternative design exists
- The alternative design would be safer for consumers
There are many different factors that are relevant when courts evaluate whether a reasonable alternative exists, including:
- Whether the cost of the alternative design is reasonable
- The usefulness and value of the product as designed
- Whether the safer design would eliminate the danger
- Whether the product would function as effectively if the alternate design is adopted
In design defect cases, expert witness testimony is often necessary to prove your case. Experts can testify about the danger posed by the product and ways to eliminate or reduce the risk to consumers.
Products with manufacturing defects are only dangerous because something went wrong during the manufacturing process. The product that was sold deviated from the product’s design because of some type of error.
To prove liability in a manufacturing defect case, you must prove that the product was defective due to a departure from its intended design. For example, if a batch of prescription drugs is contaminated during the manufacturing process, it may suffer from a manufacturing defect.
Some dangers cannot be eliminated even if the safest design is adopted and the product is manufactured exactly as designed.
Product manufacturers are also required to warn consumers about non-obvious risks associated with their products. That’s why products come with warning labels and instruction manuals. When a company fails to warn you about the hidden risks of using the product, they can be held liable for failure to warn.
Are Defective Products a Serious Problem in the U.S.?
Yes. Dangerous and defective products are, unfortunately, a big issue in the United States. That’s true even though thousands of products are recalled due to defects each year.
According to some estimates, in the U.S. alone, about 40 million injuries and 46,200 deaths are related to consumer products that have been recalled. That includes products that have been rigorously tested by the FDA and other agencies.
According to some reports, about one in every three FDA-approved prescription drugs causes unanticipated side effects in patients. Over a nine-year period, one study found that defective medical devices caused about 83,000 deaths.
What Is the Value of My Galveston Product Liability Claim?
All product liability claims are unique. They involve different types of product defects and victims with unique personal characteristics.
When we’re assessing your case value, we’ll evaluate:
- The severity of your injuries
- The product defect involved
- The expenses you’ve incurred, including medical costs, lost wages, and other expenses
- Your pain, suffering, and trauma
- How the injury is anticipated to impact your future earnings, education, and lifestyle
- Whether you’re entitled to participate in a class action lawsuit or multi-district litigation (MDL)
Because many different variables can impact your case value, it’s important to consult an experienced attorney. Our Texas attorneys serving Galveston can help you understand how much compensation you deserve before you accept an insurance settlement.
What Types of Damages Are Available to Victims of Defective and Dangerous Products in Galveston?
Although manufacturers can be held strictly liable for product defects, you’ll still have to prove that you suffered damages to recover compensation.
- Past and future medical expenses
- Lost wages
- Lost future earning potential
- Nursing care
- Property damage
- Pain and suffering
- Emotional distress
- Anxiety or depression
- Diminished quality of life
- Physical disfigurement and scarring
- Loss of consortium
If there is evidence that the manufacturer knew about a serious risk and covered it up, you may also be entitled to punitive damages. While rare, these damages punish the defendant for intentional wrongdoing.
Can I Recover Compensation if I’m Being Blamed for Causing My Own Injuries in Texas?
Companies often try to blame victims for using products incorrectly. However, if you were using the product incorrectly, but the misuse was reasonably foreseeable, you may still be entitled to damages. Our experienced lawyers can protect your rights and interests, responding to allegations of shared fault effectively.
We Handle All Types of Product Liability Claims in Galveston, TX
At The Law Firm of Alton C. Todd, we have the resources to handle even the most complicated product liability case, including those involving:
- Airbags, seat belts, and other vehicle safety equipment
- Building equipment
- Lawn care products, including Roundup weed killer
- Over-the-counter medications
- Prescription drugs
- Medical devices
- Household appliances
- Household cleaning products
- Children’s products (such as car seats, toys, and furniture)
- Work equipment and tools
- Food and beverages
- Motor vehicles
- Recreational products
- Batteries and device chargers
- 3M earplugs
- Personal care products
- Vape pens
These are the types of products most of us rely on every day. You have the right to trust that they’re safe to use. If you were injured due to a faulty product, we’re here to help you hold the responsible parties accountable.
Our Galveston Product Liability Attorneys Will Fight To Recover Full Compensation for All of Your Injuries
Our lawyers in Galveston often represent individuals who have suffered:
- Broken bones
- Nerve injuries
- Knee and joint injuries
- Soft tissue damage
- Traumatic brain injuries
- Spinal cord injuries
- Head and neck injuries
- Back injuries
- Lung damage
- Kidney damage
- Chest injuries
- Catastrophic injuries
- Wrongful death of a loved one
If you were harmed, don’t hesitate to reach out to our law firm in Galveston for a free case review today.
How Long Do I Have To File a Product Liability Lawsuit After Suffering an Injury in Texas?
Under Texas law, you have two years to file a personal injury lawsuit. The two-year statute of limitations typically starts running on the date you suffer an injury. However, the start date may also be delayed until the date you discovered, or reasonably should have discovered, the harm caused by the defective product.
Because of this complexity, it is best to contact an attorney to confirm the deadline for your particular case.
Contact a Skilled Galveston Product Liability Lawyer for a Free Initial Consultation
Were you injured while using a consumer product? Do you have questions about your legal options? The Law Firm of Alton C. Todd is here to help. Contact us today to schedule a free consultation with an experienced Galveston product liability lawyer.