DeSoto Defective Products Lawyer
When you buy a product from a retail manufacturer, you have a right to expect the item to be safe to use as directed for its intended purpose. However, enforcing that right after being hurt by a dangerous consumer good is a complex process since large modern manufacturing companies have the funds to fight back against civil litigation.
However, having help from a knowledgeable personal injury attorney experienced with fighting and winning cases like yours could be the key to getting a positive result from your lawsuit or settlement demand. Even with no experience with civil claims, a seasoned DeSoto defective products lawyer could guide you through each step of the legal process and work tirelessly to get you the payments you deserve.
Establishing Strict Liability for a Product Defect
Defective product lawsuits fall under product liability law in Texas—a subset of personal injury law. However, unlike other personal injury cases built around a traditional negligence theory, product liability incidents typically fall under “strict liability” claims. Under this concept, rather than proving a manufacturer’s carelessness led to a faulty product, injured victims must prove that the following conditions apply to their situation:
- A legally actionable defect existed in the product when it left its maker’s direct control
- The product’s condition did not meaningfully change between that point and when the plaintiff—the person filing the lawsuit—came to possess it
- The plaintiff suffered a physical injury requiring professional medical care as a direct result of the defect
- The claimant was using the product reasonably and for its intended purpose when they were hurt
According to the law, a “legally actionable defect” may include a failure by the manufacturer to provide sufficient warnings and instructions for how to use their product safely, a mistake made during manufacturing that made the item unsafe, or an issue with the product’s design that made every unit produced at the same time dangerous. A skilled attorney in DeSoto could explain the requirements needed to prove the flawed product caused the victim’s injuries.
What Damages Can Injured Plaintiffs Recover?
Successful litigation against a manufacturer for producing a dangerous or defective product can help people collect financial recovery for both past and future losses relative to their injuries. For example, the victim could recover damages for emergency medical care costs and the expected costs of future forms of care like physical therapy, prescription pain medications, and even assistive equipment like wheelchairs.
Furthermore, it is possible—and often crucial—to incorporate the non-economic forms of harm, such as physical pain, emotional anguish, and lost overall quality of life, into the victim’s claim. An experienced lawyer in DeSoto could provide guidance about the losses that can be factored into a faulty merchandise claim during a consultation.
Speak With a Defective Products Attorney in DeSoto Today
No manufacturer should be let off the hook when their failure to provide a reasonably safe product leads to your avoidable injury. Without skilled legal counsel on your side, though, you may find it challenging to achieve a favorable outcome or collect compensation from the company responsible for your injuries.
Fortunately, guidance from a DeSoto defective products lawyer could make all the difference in how your case plays out. Call today to learn more and schedule a meeting with our legal team members.