Product Liability

Product liability laws are imposed on manufacturers and retailers in a bid to ensure that they do not sell defective goods to consumers. Even with these laws in place, thousands of people still get injured every year due to product defects. Such products could be food, toys, utensils, vehicles, medication, and medical equipment, among others. This results in numerous product recalls by the federal government.

Product defects statistics in the United States

  • About  240,000 children visit hospital emergency rooms due to toy-related injuries in 2016
  • In 2006, Dell had to recall about 4.1 million laptop batteries as they were at risk of overheating and causing fires
  • In 2003, Perfect Fit Industries had to recall about 18,000 units of electric blankets due to overheating. The recall was prompted by four reported cases of minor injuries
  • Product liability cases can be quite complex, which is why you need to involve a personal injury lawyer.

Types of product liability

Product liability claims are not all the same, but they do all have one common element: a product must have caused significant harm to the plaintiff. Product liability claims can be broken down into three major categories which include:

Manufacturing defects

These are the most common product liability claims. This type of product liability claim alleges that the product’s original design is entirely safe, but something went awry in the manufacturing process that made it unsafe. A manufacturing defect could arise, for example, from an error during assembly, which makes it perform differently than the rest in its line.

Defective design

You might be eligible for a claim if you can prove that the product was defectively designed. Unlike in a manufacturing defect, in design defect cases, the product must have been manufactured as intended, but its design made it unreasonably unsafe or dangerous. There must also be a causal connection between your injuries and the product’s condition.

Marketing defects

In some cases, the use of a product might have certain risks or dangers which are not apparent. The manufacturer of such products has a legal duty to provide sufficient warning or instructions to consumers. A manufacturer could face liability for marketing defects if:

  • The product products present some inherent danger under certain circumstances
  • The manufacturer is aware of this danger
  • The danger is not apparent to the reasonable consumer
  • The danger exists even when it is used sensibly and as intended

Time limitations for filing a product liability claim in Texas

Texas laws give you a maximum of two years from the time the injury occurred. However, the statute of repose dictates that you cannot file a claim 15 years after buying the product from the defendant.

Establishing product liability

Determining the liable party is one of the key elements in a product liability claim. This could be the manufacturer, seller, and/or anyone involved in the modification or repairing of the product. The seller covers everybody involved in the supply chain, including wholesalers, distributors, and retailers, even if they were unaware of the defect or they did not directly cause the defect.

In Texas, the standard of proof in a product liability claim is based on strict liability as opposed to negligence. This is because in this case, your personal injury attorney does not have to prove fault. Your attorney only needs to prove that the injury you sustained is as a result of a defective product. Therefore, it is critical that you gather as much evidence as possible after you’ve sustained the injury. Your personal injury attorney will help you determine whether the injuries are really as a result of the defective product.

The person who initially purchased the defective product is not the only one eligible for compensation. Rather, anyone who uses it in a sensible manner may file a lawsuit if injuries occur.

What damages are awarded in a product liability lawsuit?

In Texas, you may be awarded compensatory damages, which include medical bills, lost income, and property damage as a result of using the product. You may also be compensated for pain and suffering, loss of consortium, and punitive damages.

Contact Thompson Law Attorneys

If you have suffered a loss or sustained injuries due to a defective product, you owe it to yourself to find out whether you qualify for compensation. At Thompson Law, our experienced product liability attorneys are committed to pursuing justice for clients who have sustained injuries or whose property has been destroyed by defective products. We will perform a free case review and advise you on your legal options. Contact us today at 844-308-8180.

Trailer detachment accidents feature image

What could be more frightening than driving down the highway and seeing an 18-wheeler’s trailer detach right in front of you? Unfortunately, trailer detachment accidents are often catastrophic or even fatal. Trailers can detach from all types of vehicles, including trucks, big rigs, flatbeds, pickup trucks, etc. Thompson Law Injury Lawyers are dedicated to protecting your rights if you have been involved in any form of a trucking accident.

Texas trailer detachment accident examples

These following incidents demonstrate the severity of the trailer detachment accident problem in Texas.

  • December 2012 – a Texas man was killed on I-10 after an empty trailer rammed into his car after disconnecting from its truck
  • May 2019 – this involved two semis: one that blew a tire and another one whose driver tried to evade. The trailer to the second semi got detached and fell on the cab leading to the death of the passenger
  • June 2019 – two people were killed in a crash that happened on West US Highway 70 after a trailer detached from a 2004 Dodge Ram and crashed in oncoming traffic

What causes trailer detachment?

Some of the reasons why a trailer may get detached from the truck include:

  • Speeding – a truck driver needs to consider the weight and type of their cargo as well as the condition of the road in order to adjust the speed accordingly. Driving too fast while towing extremely heavy cargo on a rough road may cause the trailer to detach.
  • Sudden turns – sudden turns can cause the trailer to jackknife, thus separating from the cab.
  • Trailer overload – Texas laws allow a trailer to weigh a maximum of 80,000 pounds. However, some trucking companies have a tendency to overload in order to maximize on profits made for each delivery. Truck overload increases the chances of trailer detachment.
  • Poor truck maintenance – trucking companies and drivers are obligated to ensure that their vehicles are regularly serviced and inspected.
  • Steep declines – if the weight of the trailer exceeds that of the cab towing it in a steep decline, the driver may find it impossible to apply brakes, leading to a trailer separation.

Who is liable in a trailer detachment accident?

Depending on the circumstances surrounding the accident, a number of people may be held liable for a trailer detachment accident. These include:

The truck driver

Driver negligence is one of the leading causes of most trucking accidents in Texas. In a trailer detachment accident, the driver can be deemed negligent if he fails to secure the trailer appropriately, defensive driving, failing to follow the laid out safety protocols, or if he over speeds.

The trucking company

The trucking company has a duty to ensure that the truck is inspected and maintained regularly. It also has a responsibility to ensure that the truck is not overloaded. If the trucking company knowingly allows an innocent driver to drive a defective, unmaintained truck, or an overloaded truck, they may be held liable for the accident.

The hitch manufacturer

Hitch failure in the absence of such factors as rust as a result of improper care or poor maintenance, the manufacturer may be held liable for the accident. In that case, the manufacturer may not only be forced to compensate each victim as well as the surviving family members.

The state or the city

If the accident is deemed to have been as a result of boulders, trees, and other debris, or if the road is in a state of disrepair, the state or city agency responsible for road maintenance may be held liable.

Common injuries in trailer detachment accidents

Most trailer detachment accidents result in severe injuries if not death. Some of the most common results in such an accident include:

  • Traumatic brain injuries
  • Spinal cord injuries
  • Broken bones
  • Facial fractures, scarring, and lacerations
  • Death

Trailer detachment victims may be eligible for compensation for damages including current and future medical bills, rehabilitation costs, lost wages, the inability to earn in the future, pain, and suffering, and in some cases, punitive damages. In the event of death, Texas law allows the surviving family members to file a wrongful death lawsuit.

Why you should contact Thompson Law

Trailer detachment accidents are among the deadliest on Texas roads. If you or someone has been injured or even died as a result of such, the personal injury attorneys at Thompson Law have the necessary experience, knowledge, and dedication to fight for the recovery you deserve. Our robust team of investigators will determine the circumstances in which the accident occurred, and our litigation team will pursue the best outcome for you and your loved ones. We perform free case evaluations and work on a contingency fee basis, which means that you won’t pay a thing unless we win your case. Contact us today at 844-308-8180.

Defective Medical Device

The medical industry has come a long way over the last few decades. There are medical devices approved by the FDA that are meant to make the lives of people with illnesses and diseases easier. Sometimes, though, a medical device designed to help does the unthinkable and causes injuries or death. When this happens, victims or their families may be eligible to file a product liability claim. If you or someone you love was injured by a medical device, read the rest of this article and then contact Thompson Law right away at 844-308-8180. We’re available 24 hours a day, 7 days a week.

What You Must Prove in a Texas Defective Medical Device Claim

Defective device claims fall under a city area of law known as product liability. Product liability is primarily centered around a legal concept referred to as negligence. When someone is hurt by a defective medical device, they can be left with devastating injuries including permanent scarring, nerve damage, and deadly infections. There are three specific items that a plaintiff must prove to have a successful defective medical device claim in Texas:

  1. That the defective medical device caused your injury. This is usually the easiest to prove.
  2. The medical device had a defective design, was defective because of manufacturing, or was marketed in a way that misled you in what the device should be used for.
  3. The defect or improper marketing led to your injury. To be successful, you must be able to show that the defect or the way the device was marketed ultimately led to your injury.

What about Class Action Lawsuits?

If you watch television, you’re probably no stranger to the ads that mention various medical devices and how there are class action lawsuits pending. While a class action lawsuit may help many people resolve their case, not all people who are hurt by medical devices qualify to join a class-action lawsuit. Sometimes, those who join class-action lawsuits do not get the compensation they deserve.

If you’ve found a class-action lawsuit regarding the medical device that caused your injury, first take the time to talk with a Texas personal injury attorney to make sure that you meet the qualifications and that joining the class action would be in your best interest.

Texas Statute of Limitations

If you or someone you love was hurt because of a defective medical device, contact Thompson Law right away. In Texas, you only have a certain amount of time after the injury to bring a claim. That amount of time is known as the statute of limitations. The time period in Texas is two years from the date that the injury occurs.

The Importance of Choosing the Right Attorney

Product liability is a form of personal injury, but these claims are quite different. It’s important that you choose a lawyer who is experienced in product liability; specifically, defective medical devices. These claims can be incredibly complex. Companies that manufacture medical devices often have powerful lawyers who will do everything they can to discredit your story. That’s why you need Thomson Law and THE FOURS on your side in Dallas at 214-444-4444, Fort Worth at 817-444-4444, North Texas at 972-444-4444, or the DFW Mid-Cities at 469-444-4444. We are zealous legal advocates with product liability experience. Our goal is to help people who are injured protect their legal rights and get the compensation that they deserve. Don’t wait. Call Thompson Law now at 844-308-8180.

Thompson Law’s Guarantee

Thompson Law offers free case reviews to every potential client so we can help you determine the best legal approach to pursue. We receive no attorney fees and you pay no legal expenses unless you get compensated for your accident.

Thompson Law’s personal injury lawyers and their legal teams treat every client with respect, empathy, and compassion. We understand that there is no one-size-fits-all approach, as every case is unique and different. Our firm won 10 of the top 50 settlements in Texas in 2020, including the 2nd and 3rd largest personal injury settlements in the State. We can help you, too.

State law limits the time to file a claim following a personal injury accident. If you have been injured, call now for the help you need.