Houston Product Liability Lawyer

Not all consumer products are safe, and sometimes defects remain hidden until they cause harm. When you seek compensation for injuries, corporations responsible for these products often resist acknowledging the problem or taking responsibility. This is where the expertise of a product liability attorney comes into play.

Crystal Henry has years of experience representing injured consumers in Houston. With substantial resources, they are prepared to take on the legal giants and fight for your rights. When you entrust your personal injury case to them, you can expect the following:

• A thorough investigation into your accident to identify the type of defect and gather essential evidence.
• Skillful management of conversations and negotiations with the manufacturer and their insurance provider.
• The utilization of any necessary resources to build a compelling case for compensation.
• Vigorous litigation of your defective products case, should it be required.

In times of adversity, an unforeseen injury can dramatically alter the course of your life. Let Crystal Henry help you seek the compensation you deserve. Schedule a free case evaluation today.

Product liability cases often revolve around three primary types of defects:

• Design Defect: If a product is inherently dangerous due to its design and poses a risk to consumers when used as intended, it may have a design defect. In such cases, the flaw arises during the design phase, making all manufactured products unsafe
  (Example: Roundup weedkiller, believed to cause cancer due to its chemical composition)

• Manufacturing Defect: A manufacturing defect occurs when a product is assembled or created in a manner that deviates from its intended design. This deviation renders the product dangerous when used as intended.
  (Example: A ladder with screws smaller than the design specifications, leading to failures)

• Failure to Warn: Some products are inherently safe, but they pose risks that are not immediately apparent. In such cases, companies have a duty to warn consumers about these hidden dangers
  (Example: A pharmaceutical company failing to disclose side effects associated with a popular drug)

Determining the type of defect is crucial in a product liability case, often requiring in-depth investigations and expert opinions.

Product liability issues can arise in various product categories, including:

• Medical devices
• Prescription and over-the-counter drugs
• Vehicles
• Equipment and machinery
• Household products
• Children’s products

Even seemingly innocuous products can be designed, manufactured, and sold without proper warnings, posing risks to consumers.

If you have suffered injuries due to a defective product, you may have the right to pursue compensation. Depending on various factors, you can seek financial recovery for:

• Current and future medical expenses
• Loss of earning capacity
• Physical limitations
• Disfigurement
• Physical pain
• Mental anguish
• Post-Traumatic Stress Disorder (PTSD)
• Loss of enjoyment of life
• Wrongful death (in cases of fatal injuries)

In some instances, punitive damages may be available if evidence of willfully malicious conduct by the other party is presented. While punitive damages are relatively rare in product liability claims, their possibility underscores the need for comprehensive legal representation.

When it comes to product liability claims, understanding the relevant laws and regulations is crucial. These laws are in place to protect consumers and ensure that manufacturers, distributors, and sellers are held accountable for any defective or dangerous products they place in the market. In the United States, product liability claims are governed by a combination of federal and state laws, as well as legal precedents established through court decisions.

Federal Laws:

• Consumer Product Safety Act (CPSA): The CPSA is a federal law that establishes the Consumer Product Safety Commission (CPSC) to regulate the safety of consumer products. The CPSC sets safety standards, conducts recalls, and monitors the safety of consumer products. This law plays a significant role in ensuring product safety at the federal level.
• Federal Trade Commission Act: The FTC Act empowers the Federal Trade Commission (FTC) to take action against deceptive and unfair trade practices. This includes false advertising or inadequate disclosure of product risks.

State Laws:

• Tort Law: Product liability claims are primarily governed by state tort laws, which cover civil wrongs and personal injuries. Each state may have its own set of laws and rules regarding product liability claims, including statutes of limitations, rules of evidence, and specific legal doctrines. Some states follow the principles of strict liability, negligence, or breach of warranty when determining liability in these cases.
• Uniform Commercial Code (UCC): The UCC is a set of laws that govern commercial transactions and sales of goods. Article 2 of the UCC specifically deals with the sale of goods, including product liability issues related to warranties and merchantability.

Legal Precedents:

Many product liability standards and principles have been established through court decisions. These legal precedents help guide the interpretation and application of product liability laws. Courts may consider factors such as design defects, manufacturing defects, failure to warn, and causation when deciding product liability cases.

Product Liability and Your Rights:

Understanding these laws is essential if you or a loved one has been injured due to a defective or dangerous product. If you believe you have a product liability claim, consulting with an experienced attorney is crucial. An attorney with expertise in product liability can help you navigate the complex legal landscape, determine the applicable laws in your case, and advocate for your rights.

Remember, product liability laws exist to protect consumers and hold accountable those responsible for placing unsafe products in the hands of consumers. If you have been harmed by a defective or dangerous product, you have legal avenues to seek compensation and justice.

Not all product liability claims are based on the same theory of liability. Understanding the various theories is vital in comprehending the complexity of these cases.

• Negligence: This is one of the most common theories of liability. It argues that the other party is liable for compensation because they acted carelessly, unreasonably, or failed to act reasonably given the circumstances. Failure to uphold the appropriate standard of care constitutes negligence.
• Strict Liability: Unlike negligence or breach of warranty theories, strict liability does not require proving that the other party was careless, reckless, or acted with harmful intent. Instead, it focuses on the product itself, asserting that the product was defective, caused the injury, and holds the responsible party liable for both the product and the injuries.
• Breach of Warranty: This theory, rooted in contract law, applies when the other party sold a defective or dangerous product. It assumes an implicit or explicit promise of safety made by the seller, which is violated when the product proves unsafe for its intended use.

Navigating through a product liability case demands a strategic and methodical approach. As your dedicated product liability attorney, we understand the intricate legal process involved in seeking compensation for injuries caused by defective or unsafe products. The stages involved in a product liability case include:

• Investigation: Our legal team conducts a thorough investigation to unearth the cause of your injury, meticulously examining the defective product and gathering substantial evidence to support your claim.
• Demand: We advocate for your rights by asserting a demand for fair compensation from the party at fault. Drawing from our experience in similar cases, we ensure an appropriate compensation request is articulated.
• Negotiations: Collaborating with the at-fault party’s representatives or insurance company, we engage in negotiations to secure a just financial settlement for the injuries you’ve endured.
• Settlement: Should a mutually acceptable agreement be reached, you’ll receive a settlement to conclude your claim, ensuring rightful compensation.
• Filing a Lawsuit: If no satisfactory resolution is reached through negotiations, we guide you through the process of initiating a product liability lawsuit. Even after filing, negotiations may persist.
• Discovery: The initiation of a lawsuit leads to a rigorous exchange of information between involved parties. During this time, expert witnesses may be called upon to substantiate evidence in your favor.
• Trial: At trial, we persistently work to demonstrate the responsibility of the opposing party based on one or multiple theories of liability.
• Verdict: A judge or jury delivers a verdict following the trial, determining whether the other party is accountable for your injuries and, if so, the compensation you rightfully deserve.
• Appeal: In the event of an unfavorable trial outcome, our team meticulously reviews for legal errors. Should any be found, we explore the possibility of appealing the case to a higher court. 

As your committed legal advocate, we ensure every avenue is explored for your rightful compensation in the complex terrain of product liability cases.

Product liability cases can take a tragic turn when they result in wrongful death. In cases where a family member has been lost due to a defective or dangerous product, the representative of the decedent’s estate may have the option to pursue a wrongful death claim. This claim seeks compensation for various elements, including:

• Medical Expenses: Coverage for the medical bills incurred during the treatment of the injury leading to the wrongful death.
• Funeral and Burial Costs: Compensation to handle the expenses related to the funeral and burial of the deceased.
• Loss of Financial Contributions: Recognition of the financial support and contributions the deceased would have provided to the family.
• Loss of Care, Support, Maintenance, Advice, and Counsel: Compensation for the emotional and practical support that the deceased would have offered.
• Loss of Love, Companionship, and Comfort: Acknowledgment of the emotional and relational aspects of the loss.
• Loss of Inheritance from the Deceased: Compensating for the inheritance that would have been received from the deceased.
• Physical Pain and Mental Anguish: Recognizing the suffering endured by the deceased prior to their wrongful death.

Wrongful death claims stemming from product liability cases are a challenging legal area. The complex process involved in these claims demands the expertise of a seasoned attorney who can effectively advocate for the rights of the surviving family members. It’s crucial to have a compassionate and skilled attorney by your side during these difficult times to ensure that you receive the compensation you deserve.