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PRODUCT LIABILITY LAWYER : DEFECTIVE PRODUCT INJURY ATTORNEY



PRODUCT LIABILITY EXPLAINED : YOUR RIGHTS AFTER A DEFECTIVE PRODUCT INJURY

Product liability law is designed to protect consumers from defective or dangerous products. When a product is poorly designed, improperly manufactured, or lacks necessary warnings, it can cause severe injuries, long-term health issues, or even fatalities. Victims of such products often have the right to pursue legal action to recover damages.


As a consumer, you rely on the many products you purchase and use every day, and as long as you are using them in the manner intended, it is unlikely to enter your mind that you might be injured. But it does happen, and due to human error or lack of care in the process of designing, manufacturing, or distributing a product, people are sometimes hurt or even killed. In such cases, it’s vital that you speak with a skilled and experienced product liability lawyer. In many cases, you have the right to recover compensation for your damages.



TYPES OF PRODUCT DEFECTS

There are three primary types of defects that can lead to a product liability claim.


  • Design Defects: Design defects exist when a product is inherently unsafe due to its design, even before it is manufactured. These defects affect every unit of the product, meaning every consumer who purchases it could be at risk of harm.

    For example, a poorly designed car with a high center of gravity may be prone to rollovers, putting drivers and passengers in danger. In this case, the vehicle manufacturer could be held liable for injuries caused by the design flaw.


  • Manufacturing Defects: Manufacturing defects occur during the construction or production process. A product might have a safe design, but if errors occur during assembly, it can make the final product dangerous. Unlike design defects, manufacturing defects typically affect only a small portion of the total products made.

    An example of this could be a batch of toys with parts that break off easily, creating choking hazards for children. The manufacturer might be held responsible for injuries caused by this defect.


  • Marketing Defects: Marketing defects, also known as failure to warn, happen when a product lacks adequate instructions, warnings, or labeling to inform consumers of potential risks. Even if a product is well-designed and properly manufactured, the lack of clear warnings can lead to accidents and injuries.

    For instance, a prescription drug that does not provide warnings about severe side effects or interactions with other medications could harm users. In such a case, the drug manufacturer could be held liable for injuries related to inadequate warnings.


Defective product cases can be extremely complex, so it is important to make sure the lawyer you choose has considerable experience in this type of action. As your attorney we will carefully dissect the chain of distribution of the product—the designer, manufacturer, retailer, and any number of suppliers, wholesalers, distributors, contractors, consultants, quality control engineers and others, depending on the product type—to identify all parties who might have liability for your damages and then will determine which legal theory is most appropriate to the specific claim.

A collage of unsafe products


FREE CONSTRUCTION ACCIDENT / JOB SITE INJURY CASE CONSULTATION

Take advantage of the free case review by an experienced personal injury attorney at Gordon & Elias LLP to learn what options are available to help you win a monetary recovery for a product liability injury or death. We have extensive experience handling these types of defective product accident cases in the US.


We will give you the attention you deserve. Call for an appointment today. We have an office in Houston, as well as a Rio Grande Valley office in Edinburg, Texas.



NO UPFRONT FEES

After a serious product liability injury do not wait to contact a personal injury attorney. A knowledgeable defective product attorney from Gordon & Elias, LLP will review your case and explain your rights for free. Most personal injury lawyers handle cases including product liability injuries, on a contingent fee bases. 

Our consultation is free, but a percentage on the amount recovered, usually 33.33%, will be taken as our lawyer's fee.


Contact Gordon & Elias, LLP today to learn how we can help you recover the compensation you deserve. We handle all the costs of investigating and pursuing your claim, and you only pay us if we recover money for you.


Do not immediately accept an insurance settlement if an insurance company contacts you.


We strongly advise you to first speak with a personal injury lawyer who is knowledgeable in dealing with serious defective product injury case.

  

Call us at (800) 773-6770 to discuss the details of your accident and injury claim right away. We can provide trustworthy legal advice and guide you through the rest of the steps toward obtaining fair and full financial compensation.


COMMON PRODUCT LIABILITY CLAIMS


Product liability law primarily focuses on protecting consumers from defective or unsafe products that cause harm. These cases can involve a wide range of products, from household appliances to toys, tools, electronics, and more.


  • Dangerous Household Appliances: Defective ovens, refrigerators, or other appliances can cause severe injuries through electrical shocks, fires, or malfunctions.
  • Power Tools: Poorly designed or manufactured tools can lead to severe injuries, such as lacerations, amputations, or electrocution.
  • Defective Automobiles and Auto Parts: Cars, tires, airbags, seatbelts, or other parts that fail to function properly, leading to accidents.
  • Defective Medical Devices: Implants, prosthetics, or surgical instruments that malfunction and cause medical complications.
  • Unsafe Pharmaceuticals: Prescription or over-the-counter medications that have harmful side effects or cause dangerous drug interactions.
  • Toys and Children’s Products: Toys, cribs, or strollers that pose choking hazards, lead to suffocation, or cause injuries due to faulty designs or manufacturing.


At Gordon & Elias LLP, we use our legal knowledge and resources to build a strong case, showing how negligence played a role in your injury. We work tirelessly to seek full compensation for your medical bills, lost wages, pain and suffering, and other related damages.



NEGLIGENCE VS. STRICT LIABILITY

Negligence is a central aspect of product liability law. Manufacturers, distributors, and retailers have a responsibility to ensure the products they make or sell are safe for consumers. When they fail to meet these standards, they can be held legally liable for any resulting injuries.


In these cases, you must prove that the party you are accusing of causing your injury was negligent in some way—that they owed you a duty of care and by some negligent act or omission breached that duty, resulting in your injury and causing you to suffer actual demonstrable damages. With defective products, you can allege negligence, or you can apply the doctrine of strict liability.


Under the legal theory of strict liability you do not have to show actual negligence in product liability cases that allege defective design or manufacture. 


In addition to documenting your damages, you will need to prove:


  • That product had a defect that was unreasonably dangerous
  • The product was poorly designed and posed inherent risks
  • There were manufacturing defects that caused the product to malfunction.
  • The product was not labeled with appropriate warnings or instructions, leading to consumer misuse or harm
  • That because of the defect you were injured while using the product as it was intended
  • That the product was in its original condition, unchanged from when you bought it


The bottom line is that you should be able to use a product as it was intended to be used, and you should not be harmed by it. If you have been harmed by a product that you used properly in its original condition, you are entitled to recover your damages from the manufacturer and others along the chain of distribution.

A man despairing the loss of a child due to unsafe toys


CONSUMER PROTECTION LAWS PLAY A CRITICAL ROLE

In many product liability cases, consumer protection laws play a critical role. These laws are designed to safeguard consumers from harmful or defective products, ensuring that products meet safety standards and are free from hazards. Violations of these regulations can strengthen your case, especially if a company knowingly failed to comply with safety guidelines.


When manufacturers violate consumer protection laws, they may be subject to penalties, recalls, or additional liability. Our attorneys will work to identify breaches of these laws and use them to bolster your claim, holding companies accountable for their negligence.


Dangerous Vehicles and Auto Parts

Some of the most devastating product liability cases involve defective vehicles and auto parts. When cars, trucks, or their components are defective, they can lead to life-threatening accidents. Some common cases involving dangerous vehicles and auto parts include:


  • Defective Tires: Tire blowouts can lead to loss of control, causing serious accidents.
  • Faulty Airbags: Malfunctioning airbags may fail to deploy during an accident, leading to preventable injuries.
  • Seatbelt Defects: A malfunctioning seatbelt can fail to restrain passengers in a crash, resulting in severe harm.
  • Brake Failures: Defective brake systems can prevent drivers from stopping their vehicles in time, leading to dangerous collisions.


Our team has extensive experience handling cases related to defective automotive parts. Whether it’s an issue with the car’s design or a manufacturing defect, we’ll work to uncover the cause of the accident and ensure the manufacturer is held responsible.


Defective Medical Devices

Medical devices are meant to improve health, but when they malfunction or are improperly designed, they can cause severe harm. Our attorneys handle cases involving a wide range of defective medical devices, such as:


  • Faulty Implants: Defective hip replacements, knee implants, or pacemakers can lead to complications, infections, or even death.
  • Prosthetic Devices: A malfunctioning prosthetic can cause severe discomfort or additional injuries to users.
  • Surgical Instruments: Improperly designed or manufactured surgical tools can lead to dangerous complications during medical procedures.


We understand the devastating impact that a defective medical device can have on your health and quality of life. Our team works with medical experts to evaluate the harm caused and fight for the compensation needed for your recovery.



SEEKING JUSTICE FOR PRODUCT LIABILITY VICTIMS

At Gordon & Elias LLP, we are committed to helping victims of defective products obtain the compensation they deserve. Whether it’s a faulty consumer product, a dangerous vehicle part, or a defective medical device, our attorneys have the experience to take on large corporations and win. We fight for our clients, ensuring that negligent manufacturers are held accountable for their actions.

Victims of defective products are entitled to compensation for the damages they have suffered. Depending on the circumstances of the case, you may be able to recover:


  • Medical Expenses: This includes the cost of current and future medical treatments, surgeries, hospital stays, and rehabilitation.
  • Lost Wages: If your injuries prevent you from working, you may be entitled to compensation for lost wages and future earning potential.
  • Pain and Suffering: Compensation for physical pain, emotional distress, and the impact of the injury on your quality of life.
  • Punitive Damages: In some cases, courts may award punitive damages to punish the defendant for particularly reckless behavior or gross negligence.



If you or a loved one has been injured due to a defective product, don’t wait to seek legal representation. Contact us today for a free consultation, and let us help you on the path to recovery. You deserve justice, and we are here to fight for it.



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We front all of our legal work and the expenses of preparing your case, taking the full risk on ourselves. If we don’t win money for you, you’ll owe us nothing.

We have a reputation of bringing respect, professionalism and a personal touch to every injury claim we accept.

Every state limits the amount of time you have to file a claim.

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