When you purchase a product, you expect that it will work the way you expect it to, without causing injury to yourself or your family. However, when a product suffers from some defect, it can expose you and your family to a risk of harm. In the most unfortunate cases, a defective product can cause injury or even death to an innocent consumer.
Some companies may make honest mistakes and unknowingly put dangerous products on the shelves. In other regrettable cases, companies can put profits ahead of consumers' safety and take shortcuts in bringing their products to market. Defective products can cause serious, life-altering injuries that can take months or years to recover from. Even after recovery, the victim might never be able to enjoy their life the way they once did. When this happens, you may be entitled to seek compensation via a product liability claim.
If a defective product has harmed you or a member of your family, contact the Houston product liability attorneys at Kherkher Garcia today to learn more about your rights and options for pursuing the compensation and justice that you need and deserve.
Although it is possible to prove that the manufacturer or seller of a product was negligent in designing or manufacturing the product, Texas law also recognizes strict product liability claims – this means that a manufacturer or seller can be liable for a defective product regardless of whether or not they were negligent.
It may be necessary to rely on expert testimony to demonstrate how the product that injured you suffered from a defect. Also, an attorney can help you calculate your damages, especially when you have ongoing medical treatment needs, ensuring that you are fully compensated for your injuries and losses.
Dangerous Products – How do they make it to consumers?
Although we assume that products are safe for use when sold, it is an unfortunate reality that defective products make their way into stores and the hands of consumers.
Dangerous products often make their way to consumers when manufacturers and retailers make mistakes in the design or manufacturing of a product. Sometimes a manufacturer fails to perform enough testing to uncover that the product's design has inherent dangers, or the manufacturer fails to consider safer alternative designs. Sometimes a manufacturer fails to implement sufficient quality checks and assurances to ensure that products that are not built according to the required standards don't make it out the factory door. Or in other cases, manufacturers or retailers fail to consider that a product requires specific instructions for its use or warnings about latent dangers that might not be obvious to the average consumer.
Common Product Liability Claims We Handle
In the context of product liability claims, there are three commonly recognized types of defects for products:
A product has a design defect when the way in which a product (or a part in a product) is meant to be built is inherently dangerous or unsafe. Design defects impact all examples of a product sharing that design, not just the particular product that allegedly injured you.
To prove the existence of a design defect, it is necessary to show that a less dangerous or unsafe design could have been used, the alternative design would have been reasonable from a financial and engineering standpoint, and the alternative design would have maintained most or all the product's utility while reducing the risk of injury.
A manufacturing defect arises when there has been an error in how a particular example of a product (or part in a product) was made, although the product or part is generally safe as designed.
A manufacturing defect can affect only one example of a product or may affect a larger production run of a product. Manufacturing defects can be difficult to prove when the defect damages or destroys the product example at issue.
Sometimes called a "failure-to-warn," a marketing defect involves a defect or deficiency in the instructions or warnings provided with a product, such that a consumer who uses the product is not adequately instructed or warned about the proper usage and the unforeseeable or unexpected dangers of a product.
If the product must be used in a certain way to reduce the risk of injury, the product must come with instructions as to that particular use.
A product may only have one of these defects, or it may feature two or all three.
Injuries Caused by Defective Products
Some of the common injuries that are caused by defective or dangerous products include:
Choking injuries, including trauma to the windpipe and oxygen deprivation to the brain
Internal organ injury
Medical complications caused by defective drugs
Head injuries and traumatic brain injury
Soft tissue injuries, including strains, strains, and tears of ligaments, tendons, and muscles
Neck and back injuries, including whiplash injuries and spinal disc injury
Amputations (most commonly, fingers and toes)
What Compensation Is Available?
If a dangerous or defective product injures you, you may be entitled to compensation for the damages that you have suffered, including:
Medical expenses, such as hospital bills, doctor's office visits, surgeries, medication, physical therapy, home health care, mobility equipment, or prosthetics
Lost wages, if your injuries cause to miss time from work during your recovery
Lost earning potential, if your injuries render you unable to return to your old job and you suffer an indefinite or permanent reduction in your earning capacity
Pain and suffering, which is the physical and emotional distress brought about by your injuriesI
If your property has been damaged as a result of a dangerous or defective product (like fire damage, for example), you may also be entitled to compensation to repair or replace it. However, you may not be able to receive compensation for the loss of the product itself – that loss is considered an "economic loss" better suited for a contractual or breach of warranty claim.
Why Choose Kherkher Garcia?
If a defective product injures you or a loved one, you may wonder what you should be looking for in a law firm to represent you in your product liability claim. When you choose Kherkher Garcia to help you pursue compensation for damages you've suffered from a defective product, you'll have a team of trial lawyers at your side who is committed to protecting your rights against the big corporations.
We put in whatever work is necessary to prepare your case to win. Our track record of success obtaining millions in recovery for our clients speaks for itself, and when you reach out to us, we’ll be ready to step in and put our skills, experience, and resources to work for you.
If you've been harmed by a defective product and believe you may have a product liability claim, contact the Houston product liability lawyers of Kherkher Garcia today. We’ll be ready to discuss all of your legal options when you schedule a free and confidential consultation with our team.
We are ready to help you right now.
Contact us even if you aren't ready to hire someone and just need some basic questions answered. Ask us anything.
What Compensation Is Available If I’ve Been Hurt in a Truck Accident?
A trucking accident can cause both minor and severe injuries. Some of the common injuries that are suffered in trucking accidents include:
Cuts and bruises
Back and neck injuries, including whiplash injuries and spinal disc injuries
Head trauma, like a fractured skull or orbital bone, or eye damage
Traumatic brain injuries, like a concussion, intracranial bleeding, or coma
Internal organ injuries and internal bleeding
Rib and torso injuries, often caused by seatbelts and airbags
Soft tissue injuries, such as sprain, strains, and tears of tendons, ligaments, and muscles
Spinal and spinal cord injuries
If you have been injured in a trucking accident, you may be entitled to compensation for various damages that you may have suffered, such as:
Medical expenses, including hospital bills, doctor’s visits, surgeries, medication, physical and occupational therapy, home health care, mobility equipment or prosthetics, or home alterations to accommodate disabilities caused by injuries Lost wages and lost earning capacity, if you miss time from work during your recovery, or if your injuries prevent you from returning to your pre-accident level of work and you suffer a reduction in earnings as a result Pain and suffering, or the emotional and physical anguish and distress caused by your injuries Finally, you may also be entitled to compensation if your property has been damaged. This includes damage to your vehicle or property that was in your vehicle or on your person at the time of the collision.
Why Choose KherKher Garcia?
If you or a loved one have been injured in a trucking accident, you may be wondering how to choose a law firm to represent you and your family in your claim for compensation. When you hire Kherkher Garcia to help you pursue compensation following a trucking accident, you get a team of trial attorneys who are dedicated to representing injured victims against the teams of lawyers who represent the big trucking companies and insurance companies.
Our attorneys have a proven track record of success winning verdicts and millions of dollars in compensation for our clients, and we’re ready to put that experience to work for you.
If you have been hurt in a collision with an 18-wheeler, contact the Houston trucking accident lawyers at Kherkher Garcia today to schedule a no-cost consultation with a knowledgeable member of our team today.