Product manufacturers have a legal obligation to ensure the products they develop and sell do not pose risks or safety hazards to end users. When a defective product causes an injury, death, and/or property damage, the victims may have grounds for a product liability claim against the manufacturer. If you or a loved one suffered an injury due to a defective product in the Dallas-Fort Worth area, contact the Law Firm of Aaron A. Herbert today to schedule a free consultation and learn more about your legal options.
How Can an Attorney Help With a Product Liability Claim?
You may think you can pursue a product liability claim on your own and save money on legal fees. The reality is a person with no legal training will face tremendous difficulty in a lawsuit against a product manufacturer with an in-house legal team or powerful attorneys on retainer. Hiring an attorney not only increases your chance of success with a product liability claim but will also likely lead to more compensation than you could have secured on your own.
Your attorney can handle correspondence with insurance companies on your behalf, gather evidence to support your claim, and arrange expert witnesses to testify in support of your claim. An attorney can also help you prepare for depositions and court appearances if you cannot settle your claim with the defendant.
Possible Types of Product Defects
Consumer products can be defective in three possible ways.
- A product is defective in design if any flaw exists in the original design of the product.
- A product is defective by production if any flaw in the production or assembly process of the product caused the defect.
- Manufacturers may be liable for defective marketing if they misrepresent a product or fail to disclose important safety information and/or instructions for the intended use of the product.
Once a manufacturer discovers a defect in their product, the manufacturer must take appropriate steps to prevent further damages to end users. This usually involves a recall of the affected products, and the manufacturer will arrange for necessary repairs, replacements, or refunds. Accepting any such offer from a manufacturer may come with the requirement to sign a release of liability form or other waiver intended to shield the manufacturer from future legal action. It is always best to consult with an attorney before signing a waiver.
Damages and Compensation in a Product Liability Lawsuit
The plaintiff in a product liability lawsuit can claim compensation for any and all damages resulting from the defective product.
- Plaintiffs can sue for medical expenses, both immediate and future. The plaintiff can claim compensation for hospital treatment and necessary ongoing care resulting from an injury from a defective product.
- Lost income also qualifies for compensation from a product liability claim, both immediately following the injury and, in the future, if the victim’s injuries prevent him or her from working again.
- A product liability claim can include property damage in the event a defective product damages or destroys the victim’s personal property.
- Plaintiffs can also secure compensation for pain and suffering, which compensates the physical pain and emotional suffering the victim endured from the defective product.
In rare cases, a jury may also award punitive damages if a manufacturer attempted to conceal liability for a defective product or otherwise acted outside the scope of typical negligence.
Find Legal Counsel
The right attorney can make a difference in the outcome of any product liability claim. If you or a loved one suffered injuries at home or at work due to a defective consumer product, contact the Law Firm of Aaron A. Herbert, P.C. today and schedule a free case review. Once we assess the details of your claim and review your potential damages, we can give you a better idea of what to expect from the legal process and your odds of success with a product liability lawsuit.