Qualified Dallas Product Liability Attorneys
Dangerous and Defective Products
If you're reading this, you or a family member most likely has recently had a traumatic experience with a defective product. There is also a very good chance that you are not alone and this has happened elsewhere with the same product. Contact The Law Office of WT Johnson to schedule an appointment and review your situation with one of our qualified personal injury lawyers. Our practice is dedicated to protecting victim's rights and has been doing so for the past 20 years. Let us help you recover the damages that were unwittingly forced upon you and your family. Call (214) 231-0544 to schedule a free case consultation today.
You might be wondering - "How do I even know it was defective? Maybe it was my fault?"
User error is a distinct possibility and you can never discount the human element. But consider this: would you have read this far if there wasn't some nagging doubt about the source of the problem? If there is even a shred of belief in your mind that the product that harmed you, or your loved one, was broken to begin with, don't waste another moment. Give The Law Office of WT Johnson a call today and let us help you sort out the details.
And remember - if one product is a hazard, there is a good chance that there are other instances of the same defective behavior elsewhere. Don't let these negligent companies continue to distribute dangerous goods. Give us a call at (214) 231-0544 or submit your information online and one of our representatives will be in touch shortly.
I've Been Injured by a Defective Product in Dallas- Now What Do I Do?
In order to prove a company's liability in regards to defective products, there are a number of criteria your case will have to meet first. To ensure this happens - and assuming you have recently been injured - here are a few select tips to consider, immediate following your accident:
Take Pictures, Collect Evidence
Please note that this step goes hand-in-hand with contacting a trained medical professional. Provided you did not need emergency medical attention, but still intend to visit a doctor as soon as possible, you'll want to document the entire scene, including injuries sustained by yourself or your loved one, the condition of the product in question, the area surrounding it and any other relevant imagery that may help your case.
Seek Medical Attention
Even if your wounds are not severe, it is in your best interest to speak with a physician or medical practitioner as soon as possible. Not only will this guarantee treatment for any unseen injuries, it will provide strong evidence that you will need later to pursue legal action.
Preserve The Product
This might be the most important step. No matter the product or item - whether it is a toy, a motorcycle, a electrical device, an appliance, or piece of clothing - keep it in a safe and secure place. No matter how badly damaged, melted, or mutilated the item may be - DO NOT throw it out. Keep it away from the elements and be sure that it remains untouched until a professional examiner can give it is a thorough inspection.
Defective Product - Frequently Asked Questions
All product manufacturers and sellers are obligated to make sure their products are functional and safe to use before releasing them to the public. Unfortunately, some companies sell shoddy products which end up hurting or even killing consumers, whether due to negligence or sheer greed. The compassionate Dallas product liability lawyers at The Law Office of WT Johnson do not tolerate such unscrupulous behavior. Please bring your defective product claim case to us, and we'll use the full scope of our legal skills and resources to make things right.
Q: What constitutes a product defect?
A: A product defect is an imperfection that makes the product unsafe for its intended or reasonably foreseeable usage. There are three kinds of defects: design defects, manufacturing defects, and inadequate warnings/labels.
Design defects are the most extensive – they affect whole product lines. For instance, the notorious Ford Pinto had a structural design flaw which allowed its fuel tank to be punctured in a rear-end collision, causing deadly fires. Manufacturing defects, on the other hand, are more localized and occur when a product is improperly manufactured and departs from its intended design.
Inadequate labeling, instructions, or warnings can also constitute a product defect. If a consumer sustains an injury because a product does not contain accurate instructions on proper use and safety, s/he may bring forward a suit against the manufacturer.
Q: What is a breach of warranty?
A: Three types of warranties which pertain to product liability are enforced in every state, including Texas, as part of the Uniform Commercial Code (UCC). They are express warranties, the implied warranty of merchantability, and the implied warranty of fitness for a particular purpose. A breach of any of these warranties constitutes a strict liability claim, in that negligence or fault does not need to be proved.
Q: What is express warranty?
A: An express warranty is a guarantee made by the supplier of the goods to the buyer in a transaction. It can be words spoken during negotiations, or it may be written on tags attached to the product.
Q: What is implied warranty and implied warranty of merchantability?
A: An implied warranty is created and imposed by a contract law term for the purpose of enforcing certain assurances in the sale of a product. Contractual limitations on liability for personal injuries are not allowed by the UCC.
The implied warranty of merchantability requires that products and their packages be fit for the ordinary purposes for which they are sold.
Q: What is "failure to warn" in a defective product case?
A: When a manufacturer sells a product that presents some kind of risk when used for its intended and reasonable purposes, they must at least provide adequate warning to the users and buyers of the dangers that exist. Failure to do so may open them up to a products liability claim based on failure to warn. However, if a consumer blatantly misuses a product and is injured as a result, s/he cannot recover under this or any other product liability theory.
Q: How long do I have to file a product liability lawsuit in Texas?
A: With the passage of House Bill 4 in 2003, The Texas Legislature amended Section 16.012 of the Texas Civil Practice and Remedies Code, making a 15-year statute of repose, once applicable only to suits for defects in manufacturing equipment, apply in all defective product cases. In short, claimants must bring their product liability claim within 15 years of the date of the sale of the product, unless the safety warranty provided by the manufacturer is longer, in which case, the claim must be brought before the warranty expires.
Q: What damages may I recover in my Texas product liability lawsuit?
A: Depending on the circumstances, you may be entitled to compensation for economic losses, such as property damage, medical bills, and lost wages. You may also recover non-economic damages, including pain and suffering and emotional distress. If the liable manufacturer exhibited especially egregious behavior, the court may award punitive damages as well. Speak with a knowledgeable attorney to determine your potential recovery.
To get in touch with The Law Office of WT Johnson now, call (214) 231-0544 or submit an online contact form and we will get back to you shortly. Our consultations are free of charge and we demand no legal fees unless we win compensation for you. So, why wait? Contact us today to get started on the road to recovery.
If you would like to discuss your claim with a member of our team, don't hesitate to call us at (214) 231-0544. We're ready to help you, and won't rest until you receive the settlement you deserve.