Mesquite Product Liability Attorney

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Product Liability

Product liability cases arise when defective products cause injuries and damages to consumers. Manufacturers, distributors, and retailers may all be liable in these cases. Manufacturers, the United States Consumer Product Safety Commission, and the FDA regularly issue recall information related to defective products in an attempt to warn consumers of defective products. Recalls are intended to protect consumers from dangerous products, but they are not intended to prove that a defendant manufacturer is liable for a defective product and they are also not intended to remove the manufacturer’s liability. Recalls will most often not affect a product liability claim.

Common product liability categories

  • Automobiles – Automobiles and automobile parts such as defective airbags and electric batteries are frequent product liability subjects.
  • Drugs and medical devices – Defective drugs that cause dangerous, undisclosed side effects and defective medical devices often make recall and consumer complaint lists.
  • Foods and beverages – Tainted and contaminated foods are regular product liability case subjects.
  • Baby products and toys – Common cases include harmful toys such as toys that contain dangerous levels of lead and products like defective cribs that cause harm to babies.
  • Asbestos building materials – Materials found to include asbestos that causes mesothelioma and other asbestos-related illnesses are so common that some attorneys dedicate their entire careers to this product liability category.
  • Appliances and furniture – Examples are appliances like dryers that start fires, ovens that release dangerous carbon monoxide, and furniture that tips over on children.
  • Cosmetics and personal care products – Recent cases include alleged cancer-causing talcum powder and cancer-causing ingredients in makeup.

Warranties and defects

In order to prove product liability cases, plaintiffs generally try to prove that a product was defective and/or that warranties were breached.

Defects – Types of defects include design, manufacture, and failure to warn of potential dangers associated with the product.

Warranties – Types of warranties include express warranties and implied warranties that a product is free from defects, it is safe for its intended purposes, and that it is fit for a particular purpose.

Defenses

Defenses to product liability cases often include the following:

  • The plaintiff waited too long to bring his or her claim and the statute of limitations has run.
  • The plaintiff altered the product after purchase.
  • The plaintiff did not use the product in the way in which it was intended or in a reasonably foreseeable manner.
  • The product did not cause the plaintiff’s injuries.

If you have been injured by a defective product, you deserve to be fully compensated for your injuries. Mesquite product liability attorney, Dorothy Hyde, and her product liability team are personal injury experts that will work to see that you are compensated for the injuries you have sustained. Your injuries and damages may include medical bills, pain and suffering, disability and disfigurement, property damage, lost wages, and lost future earning capacity. Whether we help to negotiate a settlement upon your behalf or we take your case to trial, we will fight for you until we see that you have received a full and fair compensation.

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