Corpus Christi Product Liability Lawyer

If you have been injured due to a faulty product, call the Law Offices of Joe Brad Brock for a free consultation to see how we can help. You may be eligible for compensation to cover your medical expenses, lost wages and more.

Several thousand defective and dangerous products are bought by consumers every single day. Most people have no expectation that a product is defective or dangerous until they get hurt. Then, they have questions. Who is liable? Can they be compensated? For answers to these and other product liability questions, consult a product liability attorney at the law office of Joe Brad Brock. Our Corpus Christi product liability lawyers are well-acquainted with the nuances of the law and can help you understand how it pertains to your case.

We will evaluate the circumstances of your accident and determine liability. If we can prove that a company was responsible, then we help you pursue financial compensation. To find out more about how we can help you after a defective product injury, call our Corpus Christi law firm at (361) 884-1086 or fill out the form on our website to schedule your free consultation.

What is Product Liability?

Unfortunately, not every product available to consumers is as safe as it should be. Many of them are faulty, which raises the odds that they will cause someone harm. Anytime you use a dangerous or defective product, you could be injured.

Product liability is the legal responsibility incurred by a retailer or manufacturer for any injuries caused by selling or manufacturing defective products. If you use a product in its intended manner, such as a toaster or a vape pen, and are injured as a result, then you need to consult with a Corpus Christi product liability lawyer to discuss your right to compensation.

What is Strict Liability?

There are two ways compensation for defective product injuries can be sought. The first is by proving that a business was negligent, which can be challenging. Due to this, Texas also permits claims to be filed on the basis of strict liability. Strict liability means that economic liability for an injury exists under the law. In other words, a business could be responsible for the injuries and other damages caused by its products, no matter how conscientious and careful they were.

Strict liability is, at its core, meant to encourage businesses to observe the highest possible duty of care for every product they design or sell. If they do not take reasonable measures to ensure that what they manufacture or sell is safe for consumers, Texas law says they can be held liable.

Types of Product Liability Claims

At the law office of Joe Brad Brock, our defective product attorneys handle claims concerning multiple types of dangerous and defective consumer products. No matter what type of product caused your injury, we can investigate the facts of your accident, collect and evaluate evidence, and determine if a business is to blame for your injuries.

Some of the most common dangerous and defective products in Texas include:

Dangerous Drugs

Before a medication can be released onto the market and prescribed by a physician, it has to be approved by the U.S. Food and Drug Administration. However, many drugs that are initially approved are eventually found to be quite dangerous. In fact, a drug can sometimes be on the market for several years before the FDA realizes it is responsible for fatalities and other adverse patient outcomes.

Some examples of drugs that were found to be dangerous after they were put on the market include certain brands of birth control pills, acid reflux, and heartburn medications, Zofran (an anti-nausea medication for pregnant women),  testosterone, some antipsychotics, and certain antidepressants. If a prescription medication caused you harm in a way that was not an identified risk, you need to speak to a product liability lawyer as soon as possible.

Even common over-the-counter medications can present a serious threat to consumers. These medications do not require the approval of the FDA and many are only tested after they have been available for a while. This means it is possible to unknowingly purchase a contaminated medication from your local pharmacy. After taking the medication for a length of time, or in some cases, just once, a person could be seriously injured. If an OTC medication caused you harm, call our Corpus Christi personal injury law firm right away.

Medical Appliances

Similar to prescription medications, medical appliances have to be approved by the Food and Drug Administration. Regrettably, after months or even years of some medical appliances being used, the FDA then discovered they are the cause of or a contributor to severe and life-threatening side effects.

Some examples of dangerous medical appliances include certain hip and knee replacements, vaginal and hernia meshes, some breast implants, IVC filters, and the power morcellator.

If you sustained significant harm related to the use of a medical appliance, call the law office of Joe Brad Brock right away.

Motor Vehicle Defects

Motor vehicles and their constituent parts are one of the leading causes of defective product claims. Given the weight and size of even the smallest motor vehicles and the injuries they are capable of causing in a collision, it is vital that every single vehicle on Texas roadways is in proper working order. Unfortunately, no matter how vigilant you or another driver is about maintaining their vehicle, it will not overpower the danger associated with a defective vehicle or vehicle part. If just one of the thousands of components installed in your vehicle is not manufactured or installed in the manner in which it was intended, it can put you, your passengers, and other drivers in very real danger.

Common motor vehicle defects include defective fuel systems, brakes, electronic stability control systems, seat belts, tires, power steering, airbags, and transmissions.

If you were injured in a traffic accident that was caused or contributed to by a defective vehicle or vehicle part, you may be entitled to considerable compensation.

Children’s Products and Toys

Toys and other products designed for children and infants are also sometimes defective. These items can be manufactured or designed improperly or carelessly, presenting a suffocation, strangulation, or choking hazard. Larger items can be unstable in their design and easily fall over, trapping and injuring young children. Teething products, medicines, and foods could potentially contain harmful substances. Some textiles, such as clothing, pajamas, and bed linens can be manufactured with flammable material, putting children at risk of burn injuries. Another type of defect is products designed to resemble candy, which can be swallowed.

If your child was injured and you suspect it was due to an unsafe product, contact a product liability attorney immediately.

Types of Product Defects

Products can be defective in a lot of different ways. However, the three main types of defects that lead to serious injuries are:

Design Defects

A design defect exists when a product’s design yields a product that is not as safe as it should be. In other words, the very design is itself flawed. When a product’s design is inherently defective, every unit manufactured and sold carries a risk of injury to those who use it. For instance, design defects are found in a lot of power tools. A circular saw might not have been designed with guards to protect the user’s fingers, even though it very much should have been.

Manufacturing Defects

When mistakes are made during the assembly or manufacturing process, the resulting faulty product is said to have a manufacturing defect. This means that the final product does not align with the intended structure in some way. A manufacturing defect can affect a single product or a number of products. Unfortunately, with modern mass production methods, manufacturing defects tend to impact quite a large number of products. An example of a manufacturing defect is when a medical appliance is marketed as and should be sterile. If an issue during the packaging or assembly process contaminates the appliance, it would pose a significant danger to patients, especially those at high risk of infection due to immune disorders.

Failure to Warn Defects

Not every product is going to be 100% safe. Many commonly purchased items used on a regular basis come with innate risks. For example, a lawn mower has sharp, strong rotating blades that can easily cause amputations and lacerations. Flat irons and curling irons can reach temperatures high enough to cause serious burn injuries. In many cases, these products are not defectively designed or manufactured. The products are as safe as they can possibly be. Although it should be fairly obvious that one shouldn’t stick one’s hand in the blades of a lawnmower or press a hot curling iron against one’s skin, manufacturers are, nonetheless, tasked with the job of affixing instructions and warnings to products such as these. If a product makes it onto the market without appropriate instructions and warnings and, as a result, someone uses their hairdryer in the bath, this is what is known as a failure to warn defect.

Product Liability Law in Texas

The Texas Product Liability Act is a strict product liability law. When someone is held strictly liable, they are legally responsible for your injuries regardless of negligence. Manufacturers are responsible for their products. By extension, they are also responsible for the damages their products cause. Strict liability laws do not consider whether the liable party was reckless, negligent, or malicious.

If you sustained injuries while using a product as it was intended, and you think the product had a defect in its design, manufacturing, or labeling, give us a call as soon as possible. You might be eligible to bring a product liability lawsuit against the seller, manufacturer, or another party.

Although Texas law holds manufacturers strictly liable, there is another legal basis on which product liability claims may be filed and that is one of negligence. If you can prove that another party was negligent, and their negligence was responsible for the dangerous or defective product that caused your injuries, you could have grounds for a product liability suit.

In some scenarios, you might be able to claim that another party committed fraud or violated an explicit or implied warranty. If you plan to allege fraud or breach of warranty, however, you will have to prove it was the proximate cause of both the faulty product and your injuries.

To discuss the potential legal basis for a product liability claim and find out more about strict liability laws, call the law office of Joe Brad Brock today.

Elements of a Corpus Christi Product Liability Claim

Successful litigation of a product liability case rests on three distinct elements:

• The existence of a defect
• Causation and damages
• Intended use

Although each of these elements has exceptions and grey areas, without them, a valid case for the plaintiff cannot be reasonably made. In these cases, defense teams often like to focus their attention on the matter of causation. That is, did the product really lead to harm?

Product Resulted in Injury or Loss

In order to collect financial compensation, the faulty product has to be directly connected to the physical or financial damages incurred by the victim and the damages have to be directly connected to the defect, not merely the product itself. This is most often accomplished using the “if not for” or “but for” rule. Simply put, it means “If not (but) for the defect, would the injury have occurred.” For example, “If not for the warped calipers, the car would have stopped in time,” or “If not for the drug causing high blood pressure, the patient would not have had a heart attack.”

Negligence

The concept of negligence means that the company, seller, or manufacturer failed to show due care in making sure that their product met the safety requirements for its intended use. In some instances, these standards are set by the state, in others, ordinary care must be taken.

Ordinary care is a legal concept that sets the standard of negligence but what a reasonable person would or would not have done in the same or a similar situation to guarantee that the product presents no or minimal threat to the consumer and will perform as expected.

Being unaware of the hazard posed by a particular product is not a valid excuse. By default, merchants and manufacturers should be knowledgeable about their own products.

Ordinary care is a duty owed to the consumer, not a perk or a bonus. In many states, the phrase “breach of duty” has become part of the legal lexicon of product liability cases. The duty of care that is owed to consumers also has to include important product information, suggestions for safe handling, and warnings on the perils of misuse, along with the intrinsic hazards of the product even when it is used in its intended manner.

In the event that a consumer used a product improperly, out of ignorance or malice, their case would most likely be weakened but not necessarily invalidated. Most states have policies pertaining to comparative fault or contributory negligence. In order to understand the difference, you need the guidance of a qualified product liability lawyer. The law office of Joe Brad Brock in Corpus Christi, TX can help you with this and other important distinctions that will have a major impact on the outcome of your case.

Breach of Warranty

A warranty is a type of promise. It promises that if X occurs, the manufacturer will respond with Y. A warranty can apply to the product’s working condition, safety, durability, or appearance. You have likely purchased multiple products that came with warranties saying things like “If you are not completely satisfied with your toaster, we will refund 100% of your money,” or “If your garbage disposal breaks within the first 90 days, we’ll repair it for free.”

More than that, a warranty is a pledge of a product’s fitness for use, and it is required by law. The statute governing the shipment and sale of consumer goods is applicable nationwide.

Article 2 of the Uniform Commercial Code defines two kinds of warranties:

• Express Warranties: These affirm specific aspects of the product and act as a written promise that the product meets the assertions in the description. In sales negotiations, an express warranty can be used as a bargaining chip to reassure the consumer that the product is as it says. An express warranty also sets forth the conditions that would modify, enable, or render invalid the provisions within. However, since Henningsen v. Bloomfield Motors Inc. in 1960, the implied warranty may not supersede the express warranty.
• Implied Warranties: Implied warranties certify that the item can be expected to work as intended and is safe to use if done so properly. So, if you purchase an air fryer, you can assume it will cook crispy, delicious french fries and heat your leftover pizza. Writing that down on paper is unnecessary.

Subcategories of Warranties

There are two subcategories of implied warranties:

• Implied Warranty of Merchantability: This means that the carpet shampooer you bought from Lowes will never be recognized as anything other than a carpet shampooer in all future resales and will operate as you would expect a carpet shampooer to operate for all future owners.
• Implied Warranty of Fitness for a Particular Purpose: This means that a product is designed to be used for a singular purpose, and the seller confirms that the product is safe and suitable for that purpose alone.

How We Can Help if You Were Injured by a Defective or Dangerous Product

Not every consumer product that you will purchase and use will be safe. Some contain serious defects or flaws that pose a threat to those who use them no matter how carefully they do so.

When a person is injured because of a product defect, the company deemed responsible must accept liability. You will most likely face a lot of pushback when you seek financial compensation for your injuries. The business responsible for the defective item is not going to willingly admit there is a problem or eagerly take responsibility for the damages you endured.

They’ll certainly work hard to try to avoid paying you compensation, so we’ll work even harder to get you the money you deserve. When you trust us with your product liability case case, we will:

• Conduct a full investigation into your injury, establish which type of product liability claim you are dealing with, and start collecting relevant evidence that supports your claim
• Handle all communications and negotiations with the product manufacturer and the insurance company
• Utilize as many of our resources as necessary to build a persuasive and compelling demand for financial compensation
• If necessary, litigate your product liability case in court to make sure you get the recovery you deserve

We know things are tough right now. An unexpected injury can change the course of your life. Let our Corpus Christi defective product attorneys help. Give our law firm a call today to arrange a free case evaluation and learn more.

Damages in a Product Liability Case

If you and your product liability lawyer can prove each element of your case, then you may receive compensation through an insurance settlement or a jury verdict in your case. This compensation should cover your:

• Medical Expenses
• Lost Wages
• Lost Earning Capacity
• Physical Pain
• Mental Anguish
• Physical Limitations
• Disfigurement
• Property Damage