Texas Defective Products Attorneys
Fighting For Those Who Have Been Injured Due to Defective Products in Texas
Defective product cases can encompass a wide array of products, ranging from automobiles and medical devices to everyday household items. The consequences of a defective product can be devastating, leading to severe injuries or even loss of life. It is the responsibility of manufacturers to ensure the safety of their products. However, when they fall short in this regard, Matthews & Associates steps in to fight for justice, making sure the voice of the aggrieved party is heard.
Navigating the intricacies of product liability law requires a proficient team of attorneys, and Matthews & Associates is well-equipped to guide you through the process of seeking compensation for your losses. With a proven track record in handling defective product cases in Texas, our firm has been a crucial ally for countless individuals and families across Texas. Our approach is grounded in meticulous research, thorough preparation, and strategic execution, allowing us to effectively advocate for our clients' rights.
Recognizing the uniqueness of each case, we embrace a personalized approach to every claim. Our team is devoted to providing empathetic and professional legal advice, guidance, and representation, tirelessly fighting for an outcome that aligns with your best interests.
As your advocate, Matthews & Associates is prepared to support you at every step of your legal journey.
Call (888) 923-7001 to schedule a free case consultation today to get started with our defective products lawyer in Texas.
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David P. Matthews Attorney"When the judge read the verdict in Martha Salazar’s case ($73 Million), and we learned the jury ordered [the medical device maker] to pay Martha, (we) knew they believed every word she said. We realized they knew the defendant was truly guilty."
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Common Types of Defective Product Cases
Defective product cases typically fall into three primary categories:
- Design defects: These types of defects occur when an inherent flaw or error in a product's design makes it inherently unsafe for use. Even when manufactured flawlessly and used as intended, a product with a design defect can still present a grave danger to consumers. An excellent example of this is a car model engineered with a fuel system that is susceptible to explosion upon collision.
- Manufacturing defects: Occasionally, a product's design may be flawless, but errors that arise during the manufacturing process can render the product hazardous. These defects can vary from faulty wiring in an electronic device to contamination during the production of a pharmaceutical drug. Manufacturing defects often lead to a subset of the products being unsafe rather than affecting the entire product line.
- Marketing defects: These defects, also referred to as "failure to warn" defects, arise when a product does not provide sufficient instructions or warnings regarding its potential risks. This encompasses improper labeling, inadequate instructions, or the failure to communicate any potential hazards associated with the use of the product.
It is crucial to identify the specific defect in a case, as it can significantly influence the course of the claim. Whether it is a design flaw, manufacturing error, or marketing failure, establishing the nature of the defect is pivotal in constructing a compelling case.
Furthermore, there have been numerous instances of product defects that resulted in serious personal injury or harm. Below are a few examples that demonstrate the wide range and diversity of these issues:
- Automotive: One notorious case from the 1970s involves the Ford Pinto, where a design flaw in the fuel system caused the car to explode upon impact in multiple incidents.
- Pharmaceuticals: In 2004, Merck voluntarily withdrew its painkiller, Vioxx, from the market due to an increased risk of cardiovascular events. It was later discovered that the company had failed to sufficiently warn consumers about these potential risks.
- Children's toys: In 2007, millions of toys sold by Mattel were found to contain lead-based paint. This toxic paint posed a serious risk to children, leading to a large-scale recall.
- Electronics: The Samsung Galaxy Note 7 smartphone was recalled due to a manufacturing defect that caused the device to catch fire or even explode.
These examples serve to highlight the potential seriousness of product defects and emphasize the importance of taking legal action when such defects cause harm. If you have been injured by a defective product, Matthews & Associates is here to assist you in understanding your options and navigating the complexities of product liability law.
Texas Product Liability Laws
Under strict liability, a plaintiff only needs to prove that the product was defective and that the defect caused their injury—not that the manufacturer or seller was careless in making or selling the product. The following are the main elements of strict liability in Texas:
- Defective Product: The plaintiff must demonstrate that the product was defective.
- Causation: The plaintiff must prove that the defect directly caused their injury. There must be a clear link between the defect and the harm suffered by the plaintiff.
- Product was Unaltered: The product must have been in essentially the same condition as when it left the manufacturer’s control. If the product was significantly altered after leaving the manufacturer and that alteration contributed to the injury, strict liability may not apply.
- Use of the Product: The plaintiff must have been using the product in a reasonably foreseeable way at the time of the injury. If the plaintiff was misusing the product in an unforeseeable manner, the manufacturer may not be held strictly liable.
Strict liability in product liability cases can extend to various parties involved in the chain of distribution of a defective product, such as the following:
- Manufacturers: Manufacturers are primarily responsible for the creation of a product, including its design, production, and assembly. They are often the first party held liable under strict liability if a product defect causes injury. Even without negligence, manufacturers can be held accountable as long as the product is defective and directly causes harm to the consumer.
- Distributors: Distributors serve as intermediaries, moving products from manufacturers to retailers. They can be held liable under strict liability if a product they handle is defective and causes injury. Although distributors may not produce the product, they are responsible for ensuring that the products they distribute are safe for consumers.
- Retailers: Retailers are the final sellers who provide products directly to consumers. They can be held liable under strict liability if they sell a defective product that results in injury, even if they did not manufacture or modify it. Retailers are responsible for the products they offer, as they play a crucial role in delivering the product to the consumer.
- Suppliers: Suppliers provide raw materials or components used in the manufacturing of a product. If a defect in these materials or components causes the final product to be dangerous, suppliers can be held liable under strict liability. Their involvement in the supply chain means they share responsibility for ensuring the safety of the products created from their materials.
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What to Do if You Are Injured by a Defective Product in Texas
If a defective product has injured you, it's essential to take steps to protect your rights.
First and foremost, seek immediate medical attention. This not only ensures your well-being but also creates a record of your injuries.
Preserve the product, along with any packaging, instructions, or receipts that came with it. These could serve as crucial evidence if you decide to pursue a legal claim.
Document the incident in detail, noting what happened, where and when it occurred, who was present, and any other relevant information. Photographs or videos of the injury and the defective product can be valuable.
Avoid repairing or altering the defective product, as it may interfere with crucial evidence for your case. Additionally, it's advisable to limit discussions about the incident, especially on social media or with individuals outside of your legal counsel, as such statements could potentially be used against you.
Navigating the complexities of product liability laws in Texas can be challenging. However, seeking the guidance of a skilled legal professional can simplify the process. Our team of experienced Texas defective product attorneys is here to assist you in understanding your options, strategizing your next steps, and protecting your rights.
Contact Our Texas Defective Products Lawyer Today
Equipped with knowledge, analytical acumen, and a comprehensive understanding of Texas product liability laws, our legal team meticulously investigates each case, working hard to identify the responsible parties and hold them accountable.
We strive to provide clear, supportive, and timely communication throughout the legal process, keeping you informed and engaged every step of the way. Trust Matthews & Associates to help you traverse this intricate legal landscape, advocating for your rights and pursuing a resolution that aligns with your best interests.
To schedule a free initial case consultation with our Texas defective products attorney, call (888) 923-7001 or contact us online.
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