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Product Liability Attorneys at Kherkher Garcia

OUR PERSONAL INJURY ATTORNEYS REPRESENT VICTIMS OF CATASTROPHIC AND SERIOUS PERSONAL INJURY

When you purchase a product, you expect that it will work the way you expect it to, without causing injury to yourself or your family. However, when a product suffers from some defect, it can expose you and your family to a risk of harm. In the most unfortunate cases, a defective product can cause injury or even death to an innocent consumer.

Some companies may make honest mistakes and unknowingly put dangerous products on the shelves. In other regrettable cases, companies can put profits ahead of consumers' safety and take shortcuts in bringing their products to market. Defective products can cause serious, life-altering injuries that can take months or years to recover from. Even after recovery, the victim might never be able to enjoy their life the way they once did. When this happens, you may be entitled to seek compensation via a product liability claim.

If a defective product has harmed you or a member of your family, contact the Houston product liability attorneys at Kherkher Garcia today to learn more about your rights and options for pursuing the compensation and justice that you need and deserve.

Dangerous Products – How do they make it to consumers?

Although we assume that products are safe for use when sold, it is an unfortunate reality that defective products make their way into stores and the hands of consumers.

Dangerous products often make their way to consumers when manufacturers and retailers make mistakes in the design or manufacturing of a product. Sometimes a manufacturer fails to perform enough testing to uncover that the product's design has inherent dangers, or the manufacturer fails to consider safer alternative designs. Sometimes a manufacturer fails to implement sufficient quality checks and assurances to ensure that products that are not built according to the required standards don't make it out the factory door. Or in other cases, manufacturers or retailers fail to consider that a product requires specific instructions for its use or warnings about latent dangers that might not be obvious to the average consumer.

Common Product Liability Claims We Handle

In the context of product liability claims, there are three commonly recognized types of defects for products:

Defective Designs

A product has a design defect when the way in which a product (or a part in a product) is meant to be built is inherently dangerous or unsafe. Design defects impact all examples of a product sharing that design, not just the particular product that allegedly injured you.

To prove the existence of a design defect, it is necessary to show that a less dangerous or unsafe design could have been used, the alternative design would have been reasonable from a financial and engineering standpoint, and the alternative design would have maintained most or all the product's utility while reducing the risk of injury.

Manufacturing Defects

A manufacturing defect arises when there has been an error in how a particular example of a product (or part in a product) was made, although the product or part is generally safe as designed.

A manufacturing defect can affect only one example of a product or may affect a larger production run of a product. Manufacturing defects can be difficult to prove when the defect damages or destroys the product example at issue.

Marketing Defects

Sometimes called a "failure-to-warn," a marketing defect involves a defect or deficiency in the instructions or warnings provided with a product, such that a consumer who uses the product is not adequately instructed or warned about the proper usage and the unforeseeable or unexpected dangers of a product.

If the product must be used in a certain way to reduce the risk of injury, the product must come with instructions as to that particular use.

A product may only have one of these defects, or it may feature two or all three.

Injuries Caused by Defective Products

Some of the common injuries that are caused by defective or dangerous products include:

  • Choking injuries, including trauma to the windpipe and oxygen deprivation to the brain
  • Burns
  • Broken bones
  • Internal organ injury
  • Medical complications caused by defective drugs
  • Head injuries and traumatic brain injury
  • Soft tissue injuries, including strains, strains, and tears of ligaments, tendons, and muscles
  • Neck and back injuries, including whiplash injuries and spinal disc injury
  • Eye injuries
  • Amputations (most commonly, fingers and toes)

What Compensation Is Available?

If a dangerous or defective product injures you, you may be entitled to compensation for the damages that you have suffered, including:

  • Medical expenses, such as hospital bills, doctor's office visits, surgeries, medication, physical therapy, home health care, mobility equipment, or prosthetics
  • Lost wages, if your injuries cause to miss time from work during your recovery
  • Lost earning potential, if your injuries render you unable to return to your old job and you suffer an indefinite or permanent reduction in your earning capacity
  • Pain and suffering, which is the physical and emotional distress brought about by your injuries

If your property has been damaged as a result of a dangerous or defective product (like fire damage, for example), you may also be entitled to compensation to repair or replace it. However, you may not be able to receive compensation for the loss of the product itself – that loss is considered an "economic loss" better suited for a contractual or breach of warranty claim.

Frequently Asked Questions About Product Liability Claims

How long do I have to file a product liability claim?

In Texas, you have two years from the date of your injury caused by a defective or dangerous product to file a lawsuit to recover compensation for your damages and losses. If you do not file your lawsuit within the statute of limitations, the court can permanently dismiss your case. The court may also dismiss your case if it is filed more than 15 years from the date that the specific item that injured you was sold to its first consumer.

How do I prove my product liability claim?

For a product liability claim to be successful, it is necessary to prove that the product suffered from some defect and that there was an alternative safe design.

Although it is possible to prove that the manufacturer or seller of a product was negligent in designing or manufacturing the product, Texas law also recognizes strict product liability claims – this means that a manufacturer or seller can be liable for a defective product regardless of whether or not they were negligent.

Do I need an attorney to file a product liability claim?

Although you are not required to have an attorney to file a product liability claim, having a lawyer to represent you in your claim can give you the best chance of success at recovering compensation. Product liability claims are often factually and legally complex matters.

It may be necessary to rely on expert testimony to demonstrate how the product that injured you suffered from a defect. Also, an attorney can help you calculate your damages, especially when you have ongoing medical treatment needs, ensuring that you are fully compensated for your injuries and losses.

Why Choose Kherkher Garcia?

If a defective product injures you or a loved one, you may wonder what you should be looking for in a law firm to represent you in your product liability claim. When you choose Kherkher Garcia to help you pursue compensation for damages you've suffered from a defective product, you'll have a team of trial lawyers at your side who is committed to protecting your rights against the big corporations.

We put in whatever work is necessary to prepare your case to win. Our track record of success obtaining millions in recovery for our clients speaks for itself, and when you reach out to us, we’ll be ready to step in and put our skills, experience, and resources to work for you.

If you've been harmed by a defective product and believe you may have a product liability claim, contact the Houston product liability lawyers of Kherkher Garcia today. We’ll be ready to discuss all of your legal options when you schedule a free and confidential consultation with our team.

Product Liability Attorneys at Kherkher Garcia

OUR PERSONAL INJURY ATTORNEYS REPRESENT VICTIMS OF CATASTROPHIC AND SERIOUS PERSONAL INJURY

When you purchase a product, you expect that it will work the way you expect it to, without causing injury to yourself or your family. However, when a product suffers from some defect, it can expose you and your family to a risk of harm. In the most unfortunate cases, a defective product can cause injury or even death to an innocent consumer.

Some companies may make honest mistakes and unknowingly put dangerous products on the shelves. In other regrettable cases, companies can put profits ahead of consumers' safety and take shortcuts in bringing their products to market. Defective products can cause serious, life-altering injuries that can take months or years to recover from. Even after recovery, the victim might never be able to enjoy their life the way they once did. When this happens, you may be entitled to seek compensation via a product liability claim.

If a defective product has harmed you or a member of your family, contact the Houston product liability attorneys at Kherkher Garcia today to learn more about your rights and options for pursuing the compensation and justice that you need and deserve.

Dangerous Products – How do they make it to consumers?

Although we assume that products are safe for use when sold, it is an unfortunate reality that defective products make their way into stores and the hands of consumers.

Dangerous products often make their way to consumers when manufacturers and retailers make mistakes in the design or manufacturing of a product. Sometimes a manufacturer fails to perform enough testing to uncover that the product's design has inherent dangers, or the manufacturer fails to consider safer alternative designs. Sometimes a manufacturer fails to implement sufficient quality checks and assurances to ensure that products that are not built according to the required standards don't make it out the factory door. Or in other cases, manufacturers or retailers fail to consider that a product requires specific instructions for its use or warnings about latent dangers that might not be obvious to the average consumer.

Common Product Liability Claims We Handle

In the context of product liability claims, there are three commonly recognized types of defects for products:

Defective Designs

A product has a design defect when the way in which a product (or a part in a product) is meant to be built is inherently dangerous or unsafe. Design defects impact all examples of a product sharing that design, not just the particular product that allegedly injured you.

To prove the existence of a design defect, it is necessary to show that a less dangerous or unsafe design could have been used, the alternative design would have been reasonable from a financial and engineering standpoint, and the alternative design would have maintained most or all the product's utility while reducing the risk of injury.

Manufacturing Defects

A manufacturing defect arises when there has been an error in how a particular example of a product (or part in a product) was made, although the product or part is generally safe as designed.

A manufacturing defect can affect only one example of a product or may affect a larger production run of a product. Manufacturing defects can be difficult to prove when the defect damages or destroys the product example at issue.

Marketing Defects

Sometimes called a "failure-to-warn," a marketing defect involves a defect or deficiency in the instructions or warnings provided with a product, such that a consumer who uses the product is not adequately instructed or warned about the proper usage and the unforeseeable or unexpected dangers of a product.

If the product must be used in a certain way to reduce the risk of injury, the product must come with instructions as to that particular use.

A product may only have one of these defects, or it may feature two or all three.

Injuries Caused by Defective Products

Some of the common injuries that are caused by defective or dangerous products include:

  • Choking injuries, including trauma to the windpipe and oxygen deprivation to the brain
  • Burns
  • Broken bones
  • Internal organ injury
  • Medical complications caused by defective drugs
  • Head injuries and traumatic brain injury
  • Soft tissue injuries, including strains, strains, and tears of ligaments, tendons, and muscles
  • Neck and back injuries, including whiplash injuries and spinal disc injury
  • Eye injuries
  • Amputations (most commonly, fingers and toes)

What Compensation Is Available?

If a dangerous or defective product injures you, you may be entitled to compensation for the damages that you have suffered, including:

  • Medical expenses, such as hospital bills, doctor's office visits, surgeries, medication, physical therapy, home health care, mobility equipment, or prosthetics
  • Lost wages, if your injuries cause to miss time from work during your recovery
  • Lost earning potential, if your injuries render you unable to return to your old job and you suffer an indefinite or permanent reduction in your earning capacity
  • Pain and suffering, which is the physical and emotional distress brought about by your injuries

If your property has been damaged as a result of a dangerous or defective product (like fire damage, for example), you may also be entitled to compensation to repair or replace it. However, you may not be able to receive compensation for the loss of the product itself – that loss is considered an "economic loss" better suited for a contractual or breach of warranty claim.

Frequently Asked Questions About Product Liability Claims

How long do I have to file a product liability claim?

In Texas, you have two years from the date of your injury caused by a defective or dangerous product to file a lawsuit to recover compensation for your damages and losses. If you do not file your lawsuit within the statute of limitations, the court can permanently dismiss your case. The court may also dismiss your case if it is filed more than 15 years from the date that the specific item that injured you was sold to its first consumer.

How do I prove my product liability claim?

For a product liability claim to be successful, it is necessary to prove that the product suffered from some defect and that there was an alternative safe design.

Although it is possible to prove that the manufacturer or seller of a product was negligent in designing or manufacturing the product, Texas law also recognizes strict product liability claims – this means that a manufacturer or seller can be liable for a defective product regardless of whether or not they were negligent.

Do I need an attorney to file a product liability claim?

Although you are not required to have an attorney to file a product liability claim, having a lawyer to represent you in your claim can give you the best chance of success at recovering compensation. Product liability claims are often factually and legally complex matters.

It may be necessary to rely on expert testimony to demonstrate how the product that injured you suffered from a defect. Also, an attorney can help you calculate your damages, especially when you have ongoing medical treatment needs, ensuring that you are fully compensated for your injuries and losses.

Why Choose Kherkher Garcia?

If a defective product injures you or a loved one, you may wonder what you should be looking for in a law firm to represent you in your product liability claim. When you choose Kherkher Garcia to help you pursue compensation for damages you've suffered from a defective product, you'll have a team of trial lawyers at your side who is committed to protecting your rights against the big corporations.

We put in whatever work is necessary to prepare your case to win. Our track record of success obtaining millions in recovery for our clients speaks for itself, and when you reach out to us, we’ll be ready to step in and put our skills, experience, and resources to work for you.

If you've been harmed by a defective product and believe you may have a product liability claim, contact the Houston product liability lawyers of Kherkher Garcia today. We’ll be ready to discuss all of your legal options when you schedule a free and confidential consultation with our team.

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Call us at: 713-333-1030.

As personal injury attorneys, we fight for people who are injured and hold those responsible for the harm accountable, so that our clients can obtain justice, so that our society can be safer, and so that people come before profits.

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