Product Liability Lawyer in Austin
You should be able to trust that the products you’ve purchased won’t hurt you. When you buy a product, you expect that the manufacturer took pride in that product, making something that won’t harm those who use it. Unfortunately, this isn’t always true. Sometimes, in the haste of bringing a product from the warehouse to the retail shelves, manufacturers take shortcuts or miss crucial testing that could keep you safe. As a result, thousands of consumers sustain serious injuries from unsafe and defective products each year.
In order to win a product liability case, four components must be met. Ask yourself four questions when determining if you have a case:
Have I been injured or suffered any losses?
Is the product defected?
Did the defective product directly cause your injury?
When the product caused you harm, were you using it the way it was intended to be used?
The first two of those four questions are a bit easier to determine. But the latter two can be where the rubber meets the road.
First, there must be zero question that other factors could have caused your injury. For an automobile defect, any signs of speeding or worn down tires can make the difference in a product liability case. Make sure you can prove that the product’s defect was a direct result to your injury, because outside factors that were your fault can (and likely will) affect the outcome of your compensation recovery.
Second, you must have used the product exactly the way it was intended at the time of the incident. For example, you will not win your case if you used Ben Gay muscle relaxer more than the recommended amount on the bottle. Another example of not using a product correctly is using a Q-tip to clean your ears. While many people still do this, this company specifically includes the purpose behind the Q-tip, preventing them from lawsuits for product liability for ear-cleaning injuries.
If you answered yes to all four questions above, it’s time to contact Colley & Colley, LLP to determine your claim. There are three types of defects that you can choose from when filing a claim for compensation.
Claiming a manufacturing error means there was a problem with the manufacturing and assembly of the product that caused your injury. Had that problem not existed, you would be injury-free today. These errors are usually due to the haste of getting products in demand on the shelves, and quickly. These claims are generally the easiest to prove if the claim is valid.
Maybe the manufacturing was correct, but the design of the product or model proves dangerous and needs to be recalled for safety purposes. With a design error, you are charged with the responsibility of proving the design risks serious harm, rather than simply presenting the product’s manufacturing flaw. Every case is different, and sometimes a product isn’t considered dangerous simply because it’s benefits outweigh any minor risks. For example, airbags can sometimes cause minor injuries, but the manufacturers can argue that its purpose of saving your life is more significant than minor injuries caused.
Failure to Warn
Perhaps there was no manufacturing error and the design is essentially safe, but the manufacturer failed to properly warn you of any hazards or risks. Did the manual neglect to tell you that the tea kettle should only be held on the handle, or that the kitchen chair could not support more than 200 pounds without breaking? The missing warning must be directly linked to your injury.
In a product liability case, Colley & Colley, LLP recovered $3 million from a major automobile manufacturer for the dangerous design of a car seat back, which collapsed and caused paraplegia in a 3-year-old child.
In another case, Colley & Colley, LLP recovered a $2 million settlement against a major automobile manufacturer for the dangerous design of gas tanks, which resulted in a fuel-fed fire and caused death.
The attorneys at Colley & Colley, LLP are committed to holding corporations and manufacturers accountable when one of their products hurts someone. Our product liability attorneys have represented people from all across the state in product liability cases and are prepared to handle cases including:
When a defect in an automobile results in injuries or deaths, the automobile will undergo product recall. For example, if a new model of a car flips whenever it exceeds 50 mph while making a turn, manufacturers need to stop selling the car until they investigate its design and provide a solution for the defect. Automobile defects can present extremely dangerous consequences, so consulting with a seasoned product liability attorney is crucial if you are injured from one.
Faulty machinery means your appliance or gadget is defective. When you own and operate equipment, you trust that the manufacturers ensured the safety of the machinery’s consumer by taking the time to safely and carefully assemble it and running multiple safety tests before putting it on the market. If equipment or a piece of machinery harmed you while using it, call Colley & Colley, LLP for aggressive attorneys who want to fight for your injuries and rights as a consumer.
Faulty safety guards
Safety guards are used in many warehouses to increase safety of employees. Safety barriers and hard guards are designed to reduce access to dangerous areas and keep the operator away from moving parts or other hazards. If these safety guards failed, causing injury to you or a loved one, you have the right to file for a product liability claim.
Did you take a drug that was supposed to alleviate pain or illness, but instead presented you with more symptoms than you could have ever asked for? When this is reported, the FDA will do a product recall and determine if the potentially dangerous drug’s benefits outweigh any side effects. The investigation will result in one of two outcomes; Either the drug will be taken off the shelves permanently or it will heed additional warnings on its labeling.
Unsafe medical devices
Implanted medical devices have become normal in the United States. Patients usually trust the effectiveness of these devices, because our credible doctors recommended them to live a better life. However, not all the trust is deserved. About 200,000 reported injuries have been claimed to the FDA each year. At Colly & Colly, we hold those who consumed an ineffective and dangerous device accountable.
From expert doctors to caring teachers, we know that parents only want the very best for their child. The primary concern for almost every parent is safety. Defective toys are never acceptable, as injuries and even death can result because of them. If your child’s defective toy caused any harm, call Colley & Colley today to receive recovery charges for damages.
Unsafe food products
We tend to trust that the foods we purchase and consume are safe, meaning there are no contaminants that will cause unnecessary side effects or food poisoning. If you suffered from any serious side effects from using a food product, whether it was from a restaurant or the grocery store, contact Colley & Colley to make those responsible held accountable and pay for your damages.