Houston Product Liability Lawyer
Defective products can harm consumers in innumerable ways, whether a defective seatbelt failed to protect you in an accident, a bottle warmer resulted in a severe burn, or a defective guardrail lead to an unnecessary fall. Whenever a manufacturer creates a product and distributes it to consumers, they should make sure it’s safe. Unfortunately, some companies will sell a product they know can cause harm. They put profit over safety. When that happens, they should be held liable for their negligent actions.
If you were injured because of a defective or dangerous product, the Houston product liability lawyers from Gibson Hill Personal Injury can help you assert your legal rights and secure the compensation you need to cover your expenses, lost wages, and pain and suffering. Our attentive and knowledgeable attorneys will guide you through every step of the legal process and ensure that you have the strongest possible legal claim.
When you hire Gibson Hill Personal Injury, you can rest assured that you’ll have the best legal representation handling your case, so that you can focus on healing and moving forward with your life. Call us at (713) 659-4000 to schedule your free consultation – learn about your legal options today.
Common Product Liability Claims
There are state and federal laws to protect us from products that can cause physical and emotional harm. Under the Consumer Product Safety Improvement Act, you can hold manufacturers responsible for the injuries you suffer while using their products.
The categories that fall under the practice area of product liability include:
- Vehicle accessories, such as car seats, airbags, seat belts, and tires
- Cleaning products
- Food products
- Children’s items, including furniture and clothing
- Pesticides, asbestos, mold, and other toxic chemicals
- Lawn care products
- Medical devices
- Household appliances
- Cars, trucks, and motorcycles
- Safety equipment
- Tools and machinery
- Smartphones and other types of electronics
- Tobacco products
- Toys and recreational equipment
Our attorneys have experience with a wide range of product liability cases. We’ll be able to ascertain your legal rights and options specific to your injury, circumstances, and type of product liability claim.
Who You Can Hold Responsible for Product Liability Injuries
If you got injured from any consumer product, you could hold the appropriate parties financially responsible. Product liability laws allow victims to recover compensation from the negligent party that caused their injuries, depending on the type of defect the product had. There are three types of defects, including.
- Design defect: When the design of a product isn’t safe, resulting in a dangerous product line. Design defects also include the packaging, such as a childproof medicine bottle that isn’t actually childproof.
- Manufacturing defect: A well-designed product that is unsafe because of how it’s made.
- Insufficient warnings or instructions: Products are manufactured and designed safely but don’t include adequate warnings or instructions for consumers to use them.
Negligence is the most common reason cited in a product liability claim. Negligence is when a party fails to behave with reasonable care to prevent injury to another. If you want to base your case on negligence, you have to prove the following circumstances existed:
- The manufacturer owed you a duty of care;
- They breached that duty;
- Their action or inaction caused your injury; and
- You suffered damages as a result.
You can also base your product liability case on tortious misrepresentation. That is, false or misleading information the manufacturer conveys to its consumer. It comes in three different forms:
- Fraudulent misrepresentation occurs when a manufacturer knows that their statement is false and intentionally misleads the consumer.
- Negligent misrepresentation is when the manufacturer doesn’t find out whether or not their statement was true.
- Strict liability exists when a product was unreasonably dangerous or unsafe when sold, and when the seller expected the product would reach the consumer unchanged, and when the consumer suffered injury.
What Type of Financial Compensation Can I Pursue for My Injuries?
The circumstances surrounding how you got injured will affect the amount of money you can win in a product liability insurance claim or lawsuit. Each case is unique and comes with its own set of challenges. Some people recover quickly and completely, while others require life-long medical treatment. Some can return to work after one month, while others need to rely on disability insurance for the permanent injury that prevents them from doing their job.
Depending on the amount of insurance coverage available and your total damages, you might be able to recover compensation for the following:
- Medical bills
- Emotional pain and trauma
- Lost wages
- Diminished quality of life
- Physical pain and suffering
- Property damage caused by the product
- Disability or disfigurement
- Punitive damages
When an insurance company or jury is reviewing all the information pertaining to your case and looking through the evidence presented, they will decide the value of your case. Typically, multiple factors go into the decision about how much compensation a victim of product liability deserves.
Specific factors that could result in a higher financial award include:
- Broken bone injury
- Expenses for medical care
- Permanent injury, such as loss of mobility or a scar
- Medical treatment by a clinic, doctor, or hospital
- Long-term treatment needed
- Long recovery
- Prescribed medication to treat the injury
- Daily life disruptions, such as missed school days, vacation, or special event
The factors that could lead to smaller compensation include:
- Soft tissue injury, such as a bruise or sprain
- Majority of your medical costs are from diagnosis of the injury instead of treatment
- Medical care from non-MD providers
- No prescription medications needed
- Small duration of treatment
- Short recovery time
- No permanent injury exists
- No emotional or physical suffering as a result of the injury
Act Immediately After Getting Injured by a Product
The biggest mistake victims of product liability make is waiting to start the process of an insurance claim or lawsuit. Delaying medical care, not filing a claim, or failing to speak to a Houston product liability lawyer can result in a denied claim or low settlement offer.
If a product injures you, you need to take action right away and complete the following steps:
- File an insurance claim with the manufacturer’s liability carrier
- Hire an experienced lawyer who specializes in product liability
- Seek treatment with a medical professional
- Keep the actual product that caused you harm to use as evidence
- Gather medical records, billing statements, prescriptions, and record of out of pocket expenses related to your injury
- Continue treating with your doctors until they release you from care
Never sign any documents from the insurance company without speaking to a lawyer first. The adjuster assigned to your claim will most likely try to get you to settle quickly for an amount of money less than you deserve. If they send you a form to sign, you could lose your rights to the maximum compensation available.
A Houston product liability lawyer from Gibson Hill Personal Injury will be able to walk you through every piece of paper sent to you and let you know if it’s something you should fill out and submit to the insurance company. We understand what your rights are and how the process works. There’s usually no legal basis for requiring certain paperwork from the injured individual.
What Gibson Hill Personal Injury Can Do for You
You might not think you need to hire a lawyer, or you don’t think you can afford one. Gibson Hill Personal Injury takes product liability cases on a contingency basis. That means we don’t require upfront fees or costs. We won’t collect our legal fees unless we’re able to secure a settlement or favorable jury verdict.
The benefits of hiring a Houston product liability lawyer far outweigh any negatives you believe might exist. Working on an insurance claim or lawsuit requires experience, knowledge, and resources that most people don’t possess. The fact of the matter is you’ll probably receive a higher compensation with legal representation than if you decide to pursue a case alone.
At Gibson Hill Personal Injury, we understand the complex nature of product liability cases and how to put together a solid collection of information, documentation, and evidence that proves your claim. Our team knows how to show that a client’s injuries were the result of someone else’s negligence. We will always be on your side. You can depend on us to assert your legal rights.
Statute of Limitations for Houston Product Liability Cases
Every state has a statute of limitations for different types of cases. A statute of limitations is the time limit an injured party has to bring a civil action against another party. In Texas, the statute of limitations for product liability is two years.
Laws consider a product liability action as any action brought against a manufacturer or seller of a product to recover damages resulting from death, personal injury, or property damage. Whether you base your case on negligence, misrepresentation, or strict liability, you can sue the manufacturer to compensate you for your total damages if their defective product caused you physical or emotional harm.
Contact an Experienced Houston Product Liability Lawyer
If you were the victim of product liability and want to find out how Gibson Hill Personal Injury can help you, contact us for a free consultation. Our team of Houston product liability lawyers dedicates their time and attention to each client who hires us. We know the stress you’re under, and it’s our goal to resolve your case efficiently.
You should always speak with a lawyer before making any decisions about your difficult situation. We can provide you with helpful advice and guide you down the right path. If you’re interested in pursuing financial compensation, we’ll handle your case for you so you can focus on your recovery.
Call (713) 659-4000 today to meet with one of our Houston personal injury lawyers, and we’ll discuss your case and the options available.