Texas Product Liability Lawyer | Do You Have A Product Liability Claim?

Do You Have A Product Liability Claim?

Like all areas of the law, there are specialists who work in the area of product liability. A defective products attorney will be familiar with how this law applies to your situation and will be able to give you competent legal advice. Working with these attorneys however, does require that you have a legitimate claim. If you consult with an attorney who works on contingency, they won’t take your claim if it’s not likely to win. This is because they only get paid if they win.

A product liability claim has to meet certain criteria. First and foremost, you have to have been using the product as the manufacturer directed. If you were cutting open a box with a screwdriver and the end slipped and slashed your hands, you don’t really have a case because the manufacturer never said the product was intended for that purpose. If you were using a screwdriver properly, however, and it broke in a way that caused you injury, you may well have a claim.

The product could have been defective in design, in its manufacture or it could have been advertised incorrectly as being appropriate for uses which are not realistic. In the above scenario, if the screwdriver had been advertised as a safe tool for cutting jobs, there might be a claim. The main point is that the manufacturer, in some way, has to have been negligent in their duty to produce safe products of a good design that are advertised as being suitable for realistic tasks. Remember that a product doesn’t necessarily have to be inherently safe. A crossbow is a dangerous product, but you’re voluntarily taking on the risks because the manufacturer will certainly tell you as much on the packaging and in the advertising.

A product liability attorney can be a great help in recovering damages from medical bills and for pain and suffering. You’ll have to work with them to determine how much money you want to seek. This is sometimes difficult, particularly if the pain and suffering were the principal types of damage you suffered. In other cases, quantifying the damage is quite easy as, unfortunately, many people suffer very high medical bills and long-term treatments from defective products, such as pharmaceutical drugs. An attorney can go over your case and determine whether it’s worth it for you to pursue it in court.