Austin’s Trusted Personal Injury Lawyers
At DC Law, our attorneys are proficient in trying product liability cases to protect consumers against residual harm they’ve endured due to defective products. When a product you rely and depend on proves to be faulty or, worse, causes you harm, the ramifications can be disastrous. While many products we use every day are comprised of intricate mechanical systems and compounds, even items that are fairly simple can have moving parts and sharp edges that can cause an injury if they are not properly manufactured. As consumers, we expect the products, including household items, protective gear, and medications, we’re being sold to work without fault, as it’s a manufacturer’s job to ensure that’s the case.
Injuries caused by faulty and defective consumer products can have severe complications, especially if such injury results in loss of wages, high medical bills, and an overall negative impact on one’s life. With the experienced attorneys at DC Law by your side, Individuals who are injured in this type of accident can file product liability claims to seek compensation for their injury-related damages. Sign up for a free consultation today.
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“I want to give thanks to everyone at DC Law! They helped me so much with my case. They were attentive to all of my concerns and their staff was always there for me. I would definitely recommend them to anyone I know.”CATALINAPersonal Injury Client
“My husband and I were very pleased with the care given to my case. I won't lie, I was nervous about having to consult a lawyer, but knew it was necessary when I was not getting treated by the company responsible for my accident as I felt I deserved to be treated. We couldn't have been more pleased. The entire staff at DC Law made us feel comfortable in our pursuit of fairness. They were all very knowledgeable, thorough, and pleasant to work with. I would definitely use them again, and recommend them to others.”MARILYNPersonal Injury Client
“DC Law have been so helpful to me and my daughter. I haven't had to worry about anything. The paralegal that's working on my case is always reassuring me every time I talk to her that they're going to take care of things, that I don't need to worry about anything. They always keeping me informed about anything new thats going on or might be coming up. I could tell they were genuinely concerned for my daughter and all the suffering that she's gone through in these last 5 months.”JESSICAPersonal Injury Client
“Dan Christensen's team did an AWESOME job coaching me through my case. This was my 1st & hopefully my last injury accident so SUPER happy I had them there to help. Definitely feel a lot better than the pain and discomfort I felt at the time of the accident. They continuously assured me that every bit of the doctors visit would be taking care of. They have a Great team and I actually received thousands of dollars more than I expected for the diligent work they did to restore my life to as close to the lifestyle I had before the accident.”DERRICKPersonal Injury Client
“Excellent service and very professional got us service very quickly. I did not have to wait to be seen, thank you to DC Law.”MARIAPersonal Injury Client
Ultimately, product liability is the responsibility of a manufacturer to ensure that the products it releases to the market are safe for consumer use. When a victim is injured because of a manufacturer’s failure to create a safe product, the manufacturer is liable for the victim’s damages. In other words, the manufacturer may be required to compensate the victim for the financial expenses he or she faced as a result of the injury.
There are a few different ways a product can be dangerous for consumers. These are:
When there is a flaw in the product’s design and it is manufactured according to this design, all existing copies of the product are dangerous. Take 3M Military Earplugs, for instance, which caused hearing loss for veterans. Depending on the product and the nature of the flaw, the product might malfunction or fail to protect the user from inherent safety risks in using it.
In certain cases, a product’s design is perfectly safe but there is an error in manufacturing that renders it unsafe. This could be an improperly placed part, the substitution of a part or material other than the one called for in the original design, or simply not securing parts of the product together. With this type of error, a specific batch of products could be dangerous while other batches are completely safe.
Certain items have inherent risks. These items must have clear, understandable warnings and safety instructions for users. Other items can potentially cause harm if they are not used properly. These, too, must have safety instructions and must be accurately advertised. When an item’s marketing suggests that it does not have safety risks or that using the item in a specific manner is appropriate, the company that marketed the product could be liable for the victim’s injury damages.
Do not throw the product away. Keep it, along with photographs of the accident and your injury at the time, in a safe place. These are pieces of evidence you will need to support your product liability claim. Seek medical attention for the injury as soon as you can. Receiving prompt medical care will not only improve your chance of making a full recovery, but it will also help you support your claim by showing that your injury was severe enough to warrant timely medical care.
After you have received medical attention, contact an experienced product liability lawyer to determine which party’s negligence caused your injury to occur. Manufacturers are not the only parties who have product liability. Product distributors, retailers, and installers all have the responsibility to prevent injuries by taking the appropriate level of care when packaging, promoting, using, or installing a product.
If the faulty product was recalled by its manufacturer but remained on a store’s shelf where you purchased it, then suffered an injury by using it, the product’s retailer could be the negligent party in your claim. In another example, if you purchased an appliance and the installer failed to make sure your home’s electrical system was properly grounded before installing it, causing you to suffer a shock, the installer could be liable for your damages. In some cases, more than one party is found to be negligent. Your lawyer can examine your case and the evidence you present to determine the negligent party in your case.
In addition to the ailments incurred by defective or harmful products, there are residual damages that a lawyer can help a plaintiff recover, including:
The intention of compensatory damages is to help the victim return to the financial and emotional position they occupied before being injured by a defective product.
Special damages speak to the calculable expenses and financial losses experienced by the plaintiff, including, out-of-pocket expenses, medical costs, lost income, reduced earning capacity, and transportation costs.
General damages refer to the losses that aren’t as easily calculated, such as pain and suffering or loss of future wages. While these damages can’t make up for the harm incurred, they attempt to reimburse the emotional and physical anguish experienced by victims.
Between the years of 2003 and 2015, the manufacturer 3M knowingly provided U.S. military with defective earplugs used in combat. Since then, veterans and active military members have experienced hearing loss and tinnitus as a result. DC Law’s Dan Christensen, who used to serve as a prosecutor and defense counselor in the U.S. Army Judge Advocate General’s Corps, is passionate about helping veterans and current service members who’ve been harmed due to 3M’s defective earplugs.
As a popular heartburn medication, Zantac was commonly found in pharmacies across the country up until April of 2020 when the FDA officially issued a recall notice. Complaints against the manufacturer claim that they had knowledge of a link between Zantac and cancer but actively worked to cover it up. If you or a loved one have been diagnosed with cancer and have also taken Zantac, you may be eligible to pursue a personal injury lawsuit against the manufacturer.
Talcum, which is found in baby powder, cosmetics, and other everyday household items, has been linked to increased risk of developing ovarian cancer and mesothelioma when it’s contaminated with asbestos. Johnson & Johnson, alongside other talc manufacturers, have since been held liable for producing and selling asbestos-contaminated talc products even though they allegedly knew of the health risks. If you’ve developed ovarian cancer and mesothelioma after having used talc products, you might be eligible for compensations.
If you or your child suffered an injury after using a product as it was intended to be used, you could be entitled to receive monetary compensation for your damages through a product liability claim. To learn more about filing and pursuing a product liability claim, contact our team of experienced personal injury lawyers at DC Law today to set up your initial consultation with us. We can answer all of your questions and talk to you about your rights as a personal injury claimant.