Every day and in every way, San Antonio residents put consumer products to work in their daily lives. Unfortunately, when one of these products contains a defect, it can cause serious injury and even a tragic death. Victims of defective products find themselves struggling with piles of medical bills, time-consuming rehabilitation, and lost time at work, all of which impose debilitating costs and physical and emotional strain.
If you live in the San Antonio area and have suffered an injury or lost a loved one because of a defective product, then you may be entitled to compensation. Contact The Law Offices of George Salinas today at (210) 225-0909 to learn about how we have the experience and resources to investigate and litigate personal injury claims arising from defective consumer products.
The Law Offices of George Salinas: A History of Satisfied Clients
Victims of defective products need an attorney who knows how to tackle the complex task of obtaining the compensation they deserve. The Law Offices of George Salinas is that kind of law firm. Here are some of the compliments our former clients have given us:
- “He helped me understand every stage of my case and fought hard for me. I was proud to have him on my side.”
- “Great lawyer, with smooth and quick process. Very helpful along the way throughout the entire process.”
- “George and his staff were excellent. They always kept me up to date with the progress of my case and when I would call to ask a question, they were quick to respond. I’m extremely happy with George and his staff and would highly recommend his law office to anyone.”
Whether dealing with product liability or other areas of personal injury law, we work hard to ensure our customers receive exceptional representation. In many past cases, we have recovered settlements and judgments of over $1 million for our clients. We have pushed insurance companies to pay the maximum compensation allowed by insurance policies. While these results don’t guarantee the outcome of any future case, we can promise to bring our extensive experience to the table in every representation we take.
Common Product Liability Injuries
Faulty or defective products can cause a host of injuries, many of them severe. The extent of your injuries depends on the type of product you were using, how the defect occurred, and how you used the defective product. However, injuries may include:
- Organ damage, especially in cases involving faulty medication
- Traumatic brain injury
- Spinal cord damage and paralysis
- Limb amputation
What is Product Liability Law?
Generally speaking, product liability law addresses harms “defective” products cause to their users. There are three ways the law recognizes a product can be “defective”:
- A product has a design defect when its design makes it unreasonably dangerous to use in any reasonably foreseeable manner;
- A product has a manufacturing defect if it deviates from its intended design in a way that makes it unreasonably dangerous to use;
- A product has a marketing defect if consumers cannot reasonably be expected to use it safely without having been warned about its inherent dangers.
Under Texas law, when a defective product harms a user, the user may be entitled to compensation under at least two legal theories: strict liability and negligence. In an action for strict liability, the victim must prove a manufacturer or seller introduced the product into the stream of commerce in a defective or unreasonably dangerous condition and that the defect caused the victim’s injuries. In an action for negligence, the victim must show the manufacturer or seller failed to exercise ordinary care in its design, manufacturing, or handling of the product, which led to a defect that caused the victim’s injury.
While these two avenues of proving a product defect case may sound straightforward, Texas law does not necessarily make that easy to do. For example, by statute, anyone claiming a design defect harmed them must prove through expert testimony that the product had a safer alternative design that would have prevented the harm. Texas law also limits actions involving products that a consumer knows to be “inherently unsafe,” and imposes special restrictions on claims involving defective medicines. Because of these complexities, it is important for any victim of a defective product to consult with an experienced, sophisticated product liability attorney who can investigate and evaluate the potential claims the victim may have.
Who May Be Held Liable In a Product Liability Action?
In a Texas product liability action, the victim may seek compensation from anyone involved in placing the defective product into the “stream of commerce.” The threshold question for whether a party can be named as a defendant is whether the victim can prove the product was defective when it left that party’s control. Typically, the parties potentially liable in a product liability action include:
- The product manufacturer. The company or individual who designs and produces the product is almost always a potential defendant in a product liability case for the simple reason that many of the factors that can contribute to a product being considered “defective” are within the manufacturer’s control.
- Intermediate sellers, shippers, and distributors. Parties who handle the product after it leaves the manufacturer but before it reaches the last party before the end-user may also have liability, particularly if there is evidence any of them mishandled or altered the product in such a way as to make it unreasonably dangerous.
- Retail sellers. A party who sells a defective product directly to the end-user may have liability to the victim if, for example, it damages the product or covers up a defect in the product in order to be able to sell it.
- Installers and assemblers. Sometimes products require special knowledge or skill to be installed or assembled. The parties who, in doing this work, render a product defective, may have liability to the victim of that product.
A skilled product liability lawyer can help a victim identify the parties potentially liable in any particular case. Doing so may require the attorney to team with experts in the fields of accident reconstruction or forensic analysis to conduct a thorough investigation of how and why a product contained a defect.
What Damages can be Claimed in a Product Liability Case?
Victims of a defective product often suffer significant financial strain in dealing with their injuries and losses. Clients in this position often ask us what their claim is “worth.” The honest answer is, it depends. Many factors contribute to the potential size of a damages award in a product liability matter. Generally speaking, however, victims of defective products can usually expect to recover the following categories of damages:
- Medical expenses. Medical bills leave victims struggling financially even when they have insurance. Victims can usually seek any expenses not covered by insurance as damages in a product liability action. These may include costs of rehabilitation, medication, and expected long-term care.
- Pain and suffering. The severity of an injury and the toll it takes—physically and emotionally—contribute to the size of a potential award for pain and suffering.
- Lost wages. When an injury from a defective product causes a victim to miss time at work, the wages the victim would have earned but for the injury may be recovered as damages.
- Lost earning potential. If an injury leaves the victim unable to return to work in a former capacity, or at all, then the victim may also be able to seek damages based on the future earnings the defective product made the victim lose.
These are just several of the categories of damages product liability victims may seek to recover. To learn more, speak with an experienced product liability attorney from The Law Offices of George Salinas.
What does a Product Liability Attorney in San Antonio Cost?
Texans injured by defective products often worry they cannot afford to go up against a big corporation to prove a case for damages. That is an understandable concern. Investigating and litigating a product liability matter can require a significant investment of time and money.
At The Law Offices of George Salinas, when we evaluate and decide to take on a product liability representation, we usually do so on a “contingent fee” basis. This means we enter into an agreement with our client in which we agree to shoulder some or all of the up-front costs of investigating and litigating the claim, in exchange for being paid a percentage of any settlement or judgment we recover on our client’s behalf.
Do not let worries about the cost of hiring an attorney keep you from speaking with us about your product liability claim. We are fortunate to have the experience and resources to take on cases that may be too labor and cost-intensive for some other law firms to handle.
Experienced San Antonio Product Liability Lawyers
If you live in the San Antonio area and have suffered serious injuries or a tragic loss caused by a defective product, email The Law Offices of George Salinas today or call (210) 225-0909 to schedule a free consultation with a member of our team.
We have experience successfully handling these matters and seeing that all responsible parties are brought to justice.
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“He helped me understand every stage of my case and fought hard for me. I was proud to have him on my side.”