It is a manufacturer’s legal duty to reasonably ensure the safety of its products. Unfortunately, many manufacturers cut corners and ignore safety regulations to save money. This can lead to dangerous and deadly consumer goods. Federal laws give injured consumers the right to file product liability claims against manufacturers after injuries related to defective products. You could receive compensation without needing to prove a manufacturer’s negligence. A San Antonio product liability attorney can help. Contact the Law Offices of Maloney & Campolo for a free legal consultation.
Why Choose Us?
- Our San Antonio trial attorneys have more than 20 years of legal experience representing clients and consumers in all types of personal injury claims.
- Our firm believes in open and honest communication. We encourage clients to contact us 24/7 with any questions or concerns.
- Our lawyers operate on contingency fee agreements. They do not charge a dime for services unless they win the case.
How Can a Defective Product Lawyer in San Antonio Help You?
Going up against major product manufacturers and production companies alone could lead to a settlement that is far less than you actually require. Insurance companies can take advantage of you in your vulnerable state, convincing you to settle for a small or incomplete award. Hiring a San Antonio product liability lawyer prevents this from happening. Your lawyer will aggressively negotiate your settlement or take your product liability claim to trial in pursuit of the highest possible compensation amount. No one will take advantage of you during the legal process if you have help from an attorney you can trust.
How Long You Have to File a Product Liability Claim
It is important not to wait to speak to an attorney about a potential product liability lawsuit. In Texas, a law called the statute of limitations places a deadline on your ability to file. If you miss this deadline, your defective product case will be time-barred.
Tex. Civ. Prac. & Rem. Code § 16.003 states:
TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
(b) A person must bring suit not later than two years after the day the cause of action accrues in an action for injury resulting in death. The cause of action accrues on the death of the injured person.
In general, injured consumers have no more than two years from the date of the incident or of injury discovery to file personal injury lawsuits, or two years from the date of death for a wrongful death case. Some circumstances can lengthen or shorten the filing window for a product liability case, making it crucial to contact a lawyer at The Law Offices of Maloney & Campolo, LLP without delay.
Potential Liable Parties for a Defective Product
The party or parties that can be held liable – meaning legally and financially responsible – for a harmful defective product depends on the circumstances, including the nature of the defect. Responsible parties may include:
- Designer or engineer: the individual or company in charge of designing the product.
- Manufacturer: the company that manufactured or produced the product.
- Distributor: the company or companies responsible for distributing the product.
- Retailer: companies in the supply chain that sold the product to consumers.
- Parts manufacturer: the creator of a specific part, if that part is defective.
- Testing company: the laboratory that passed a defective product through safety tests.
- Marketer: the company that advertised the product to the public.
- Installer: the person or party that assembled or installed the product.
Our lawyers can investigate to find the source of the product defect. For example, if a dangerous defect occurred at the design or manufacturing stage, the manufacturer could be held liable, while if the defect is traced back to a mistake at the distribution stage, the distributor or retailer could be held liable.
Types of Product Defects
Although any consumer product could contain a dangerous defect, the most common items that lead to lawsuits are medications, medical devices, children’s toys, electronics, auto parts, and household appliances. Any of these items can contain one or more of the three main types of defects.
- Design flaws
- Manufacturing errors
- Marketing mistakes
Mistakes, carelessness, or negligence on the part of the manufacturer or distributor at any phase of the production process could lead to a product liability lawsuit. If you believe you have grounds for a claim, speak to a San Antonio product liability attorney.
Proving a Product Liability Lawsuit
As a consumer, strict product liability laws protect you from dangerous and defective products. Instead of having you prove that the manufacturer was negligent in some way that caused your injuries, the law merely asks that you or your lawyer show that the item contained a defect and that it caused your injuries. This lighter burden of proof evens the playing field between consumers and large manufacturing corporations. If strict liability laws do not apply to your case, your product liability lawyer may have to help you prove the defendant’s negligence or fault for causing your injuries. Either way, you could be eligible for significant compensation.
Damages Available in a Product Liability Case
The amount you receive for your economic and noneconomic damages after a product-related accident or injury depends on the circumstances. The severity of your injuries can change the value of your case, as can the skill of your personal injury attorney and the opinions of the judge and jury. A product liability attorney in San Antonio can help maximize your financial recovery through aggressive negotiation tactics for all applicable damages.
- Past and future medical expenses
- Physical pain and suffering
- Emotional distress or mental anguish
- Property damages
- Lost income
- Lost capacity to earn
- Loss of consortium
- Disability expenses
A Texas judge may also award additional punitive damages if the product manufacturer was grossly negligent or criminal in its conduct. Punitive damages are additional awards assigned to help the plaintiff and punish the defendant. Find out the potential value of your product liability claim during a free consultation at our local law office.
What You Can Do to Strengthen Your Product Liability Claim
There are actions you can take after your accident or injury to help strengthen your product liability case. First, get medical care for your injuries right away. Delaying injury treatment can give an insurance company a reason to reduce your compensation for failing to mitigate your losses. Then, preserve the defective product and all of its original packaging. Retain receipts or records of the item’s purchase.
Next, obtain copies of all associated accident reports and medical records proving your injuries. Document the scene of the incident, including taking photos of the defective product and any injuries or property damage it caused. If anyone witnessed the event, write down their names and phone numbers. Finally, when you are ready to seek compensation, contact our product liability lawyer in San Antonio to advocate for your rights.
Contact Our San Antonio Product Liability Lawyer
At the Law Offices of Maloney & Campolo, we stand up for injured consumers across Texas, let us review your case for free. Call (210) 922-2200 today to schedule your free consultation with a defective product attorney in San Antonio.