Every year, millions of Americans are injured or killed by defective products that are either poorly designed, poorly made or were not fully tested prior to being released to the marketplace.
If you or someone you love was injured by a dangerous or defective product, our Fort Worth product liability lawyers may be able to help you. At Anderson Cummings, we believe that corporations that make unsafe products should be held responsible for damages.
Our firm has recovered more than $100 million in compensation and has more than five decades of combined experience. Partner Seth Anderson is Board Certified in Personal Injury Trial Law by the Texas Board of Legal Specialization.
There is no risk in meeting with us because there are no upfront fees. Our attorneys are not paid unless you get paid.
Free Case Review. Call (817) 920-9000.
Do I Have a Valid Defective Product Claim?
This is a question you should discuss with a licensed attorney, as these cases are often quite complex. In a free consultation, one of our experienced attorneys can meet with you to discuss how you were injured and determine if you may have a valid case.
We are prepared to take on cases involving many types of defective products, which may include:
- Motor vehicle parts (brakes, airbags, ignition switches, seatbelts, tires, etc.)
- Dangerous drugs, particularly those that cause life-threatening illnesses, like cancer, heart attack, stroke, or internal organ damage
- Children’s toys, clothing or furniture, such as cribs and car seats
- Household appliances (washers, dryers, air conditioners, stoves, microwaves, etc.)
- Medical devices (knee replacements, catheters, hernia mesh, etc.)
- Toxic food and drinks, such as those that were contaminated in a factory
- Defective tools or machinery
One of the main issues we need to consider is why your injury occurred. What was it about the product that caused you to be injured?
Was the design of the product defective in some way? It is possible the product was inherently dangerous because of the way it was designed. The designer may not have done proper testing to identify defects.
Generally, your attorney will need to prove there was a safer design of the product that would have been economically feasible. Your lawyer will need to show this safer design could have prevented or significantly reduced the risk of injury.
The product may have been dangerous because of an issue during manufacturing. Maybe the product was not put together as intended. The product may have been damaged as it made its way from the factory to the store, or from the warehouse to your home.
Failure to Warn
Your Fort Worth product liability lawyer may also be able to assert a claim for a failure to warn consumers about the dangers of a product. It is possible the product did not contain proper instructions to help users reduce the risk of an injury.
No matter what type of defect the product had, we are ready to show you used the product as intended and it presented an unreasonable risk of injury.
Give us a call today to discuss your claim. Ph: (817) 920-9000
Benefits of Working with an Experienced Attorney
Injury victims who hire an attorney to represent them, particularly an attorney with a history of securing millions in compensation, usually recover more compensation compared to those who do not.
This may be because experienced attorneys with a history of results have extensive knowledge of the law and how it applies to claims. They know how to gather the evidence needed to build a strong case.
This is important in a defective product claim because these cases are difficult to prove. You need an attorney who is well-versed in the different legal theories that come into play in a product liability claim.
At Anderson Cummings, we are often able to settle many claims and secure favorable compensation for our clients. However, we regularly take cases to court and are prepared to do the same for you. Our goal is to secure maximum compensation to help you and your family move forward after an injury.
Compensation for Defective Product Cases
There are a variety of damages your Fort Worth product liability attorney may be able to pursue in a defective product claim. Each case is unique, so your lawyer must review your injuries and other aspects of the case to determine the damages that may be available and their value.
Some of the damages that may be available include:
- Past medical bills, including bills for surgeries, hospital stays, tests, appointments with doctors, medical equipment, etc.
- Future medical expenses if your injury leaves you permanently disabled
- Lost wages
- Lost earning capacity if you cannot work in the same capacity as before the injury
- Physical therapy and rehabilitation
- Damage to property
- Physical pain and emotional suffering
- Lost companionship
- Lost enjoyment of life if your injuries keep you from engaging in activities you once enjoyed
- Permanent disfigurement
You may be eligible to seek punitive damages if the liable party was grossly negligent or had malicious intent. While punitive damage awards are rare, they may be more common in product liability actions. You often see juries award punitive damages in defective drug/product cases.
While other types of damages are based on an injury or loss suffered by the victim, punitive damages are meant to punish the at-fault party. They are also meant to help deter others from engaging in similar conduct in the future.
Texas places a cap on punitive damages: twice the value of economic damages plus the value of non-economic damages. In other words, if you were awarded $200,000 in economic damages and $100,000 in non-economic damages, you could receive up to $500,000 in punitive damages.
Who Could be Liable for Your Injuries?
One of the reasons defective product claims can be complicated is because multiple parties in the supply chain may hold liability. Your attorney needs to thoroughly investigate to determine where negligence occurred and who may be liable for the damages that resulted.
Liable parties in a product liability action may include:
- Product designers
- Product manufacturers
- Quality control engineers
- Children’s toy companies
- Auto manufacturers
- Drug companies
- Medical supply companies
- Consultants involved in the design of the product
Texas law details how sellers may be liable in a defective product claim. Under Texas Statutes Section 82.002, manufacturers must indemnify sellers from losses in a product liability action, unless the loss was caused by the seller’s:
- Intentional misconduct
- Other act or omission, like negligence when modifying or altering a product
Sellers not involved in manufacturing a product cannot be held liable unless the victim and his or her attorney establish the seller:
- Was involved in designing the product
- Altered or modified the product and the victim was harmed because of the alteration or modification of the product
- Installed the product onto another product, and this caused the victim to be injured
- Had significant control over product warnings and instructions, these instructions were not adequate, and the victim was harmed because of this
- Made factual representations about the product that were incorrect, and if the representations were correct, the victim would not have suffered harm
- Knew there was a defect when the seller supplied the product and the victim was harmed due to the defect
Your Fort Worth product liability attorney may also need to prove the manufacturer is insolvent or not subject to the court’s jurisdiction.
If you have questions about liability, give Anderson Cummings a call to schedule your free legal consultation. There are no upfront fees or obligations.
Anderson Cummings. Millions Recovered. Call (817) 920-9000.
Legal Theories Often Used in Defective Product Claims
Most personal injury claims are based on the legal theory of negligence. However, negligence is just one of the three theories commonly applied to defective product claims.
For example, your lawyer may apply the theory of strict liability. Under this theory, you do not need to prove negligence occurred. You simply need to show the product had a defect that made it unreasonably dangerous, and you used the product as it was intended to be used.
Product liability claims often apply strict liability in addition to negligence. Under this legal theory, you must prove the at-fault party breached a duty of care it owed you, this breach directly led to your injuries, and those injuries resulted in damages.
Your lawyer may also be able to make a claim asserting a failure to warn about danger. For example, maybe the product did not contain adequate warnings about how injuries could occur. Perhaps the instructions were not clear enough to help prevent you from getting hurt. Sometimes a product should contain special instructions to warn you about dangers that may not be obvious.
Call Our Fort Worth Product Liability Lawyers for Help
In a product liability case, the liable party is often a large corporation with deep pockets. You need an attorney with significant resources and legal knowledge to have a chance of recovering compensation.
The attorneys at Anderson Cummings are prepared to build your case from the ground up. We know how to subpoena records, find expert witnesses, and take many other steps to help build a solid case.
If you have been injured by a defective product, call or fill out our Free Case Evaluation form. One of our experienced attorneys is ready to assist you.
Our office is located at 4200 W Vickery Blvd, just a seven-minute drive from the Fort Worth Municipal Court.
Local. Licensed. Lawyers. (817) 920-9000.