Products Liability

Products Liability

The consumers of this Country have rights. Those rights are expectation rights, which means, they have a right to feel safe from the use of the products they buy. Feeling safe is in all respects a reasonable expectation. Regulations are generally put into place to protect those consumers from products, but every once in a while a product is defective by either design or the manufacturing of that product which causes injury. Those manufacturers or designers are held liable for the defects in their products and sometimes the supplier and retailers are also held liable.

If you or a loved one have been injured or have lost their life as a result of an airbag malfunction, tire blowout, braking malfunction, child seat defect, vehicle rollover, airline crash, boating accident, plant explosion, defective furniture, defective toys, choking hazards, vape malfunction, or injured by any product, our firm will provide zealous representation in holding the responsible parties accountable. All nuances regarding a given case can be quite complex, thus, schedule a meeting with our office to discuss your case. As a brief understanding of what you may be able to claim in such a case, the types of damages are listed below.

Economic Damages are considered objective damages that can be calculated based on what has been incurred as a result of the product defect or malfunction. Some examples are below:

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Medical Expenses

Individuals who have been harmed by the defective product accrue substantial medical expenses by no fault of their own. We aid in the return of the outstanding medical expenses and out-of-pocket medical expenses.
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Lost Wages

When you or a loved one loses income as a result of harm that arose from a defective product, either to attend treatment or because of their inability to physically or mentally work, these lost amounts are recoverable in the products liability claim.
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Loss of Earning Capacity

Sometimes after an injury, a person may be unable to perform certain job duties that they had no problem doing until the injury from the defective product. Loss of earning capacity are also damages you are able to claim in your claim.
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Future Damages

Future damages are the un-incurred costs for treatment you need in order to get back to a position you would have been had you not have been injured by the defective product. The goal of every case we fight is to put our client back to their status quo. The status quo for a particular client is the pinpointed physical, emotional, and sometimes financial position they were in the moment before being injured by the defective product. Many times, to get a person back to their status quo will never be met. Other times, a person will be fully recovered from the treatment they undergo. To some, the treatment process is perpetual. Thus, future damages are an essential damage claim to account for what has not been incurred as of yet, but what will eventually need to be incurred to get you back to your status quo. Future pain and suffering, future lost wages and loss of earning capacity also fall within the future damage category.

Non-Economic Damages

Non-Economic Damages are damages that are subjective in nature and can be calculated differently depending on the county your case is situated in. Some examples of non-economic damages are listed below.

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Emotional Distress

The negative emotional reaction to an event which resulted from the defective product. If you were harmed by a defective product, such an event could cause mental trauma which could last a lifetime. Post-Traumatic Stress Disorder, panic attacks, insomnia and depression are just some examples of emotional distress which are recoverable in your products liability claim.
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Pain and Suffering

Pain and suffering damages are the painful experience that injured persons have to endure following physical pain or emotional distress received from a defective product. Because there is no clear way to resolve pain and suffering damages, some courts have calculated pain and suffering damages by the daily suffering evaluation from the injuries one receives from a defective product. Most courts, however, calculate pain and suffering based on a severity number (1, which is the least severe pain one endures through 5, the most severe pain one endures) and multiplies the claimant’s total economic losses by the severity number. Oftentimes, these systems that are put in place prejudice a claimant from recovery from the pain they endure.
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Statute of Limitations

If injury or death results from a defective product, Texas law holds a 2-year limitations period to either resolve your claim or file suit for preservation of your claim. The 2-year statute of limitations timeline starts as soon as the injury occurs. It is important you hire a lawyer who has the capability of properly preserving your claim after being injured from an auto accident.
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Statute of Repose

From the date a product is first sold, the window to file suit regarding an injury that arises from the product is 15 years from the purchase. In other words, if you were injured from a product within 15 years of your purchase, you have until the 15thyear to preserve your claim.

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