Dallas Injury Attorney For Defective Products
Injuries or deaths in North Texas caused by defective products require a skilled Dallas injury attorney to protect your rights. Such a lawyer will try to find the party or parties responsible for your injury. If you are entitled to damages, they may include, among other things, medical expenses, other out-of-pocket costs, suffering and pain, and lost earnings.
In some cases, an injury is caused by the defective design of the product itself. The Consumer Product Safety Commission maintains a list of defective products that have been recalled. However, not all defective products are on the list. In many instances, the defect has yet to be discovered.
In other cases, the defect and resulting injury is caused by a one-time manufacturing problem. And, sometimes, an inadequate warning or the complete lack of a warning can cause an injury. In any of these situations, you will need an experienced Dallas injury attorney.
Some product defect cases are resolved through class action lawsuits. These kinds of cases are started where the injuries are basically the same for many people but one person serves to represent the interests of the others. Others product defect actions, indeed most of them, are handled on a case-by-case basis. And, the theories in those matters vary depending on the circumstances.
Manufacturers and others may be responsible under a theory of negligence, which means failing to meet the required standard of care. Generally in personal injury cases, you must prove that someone did something wrong.
But, the law also provides for certain exceptions to the general negligence rule. One example is strict liability. This means that a claimant is not required to show fault or negligence, only that the product was defective, that the defect caused the injury and that the defect rendered the product unreasonably or inherently dangerous.
Finally, those injured by a product defect may also have a breach of warranty claim, where the product was not suitable for the intended or stated purpose. There may also be a claim for violation of any number of consumer protection statutes. In Texas, that statute is the Deceptive Trade Practices Act. Under the Texas DTPA, successful claimants are entitled to attorneys’ fees and, if the conduct is committed knowingly, up to three times actual damages in addition to the other amounts.
If you need a Dallas injury attorney, please contact us at Braden & Varner, PC. We’ll discuss your options in a free consultation and help you decide how to move forward.