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Austin Product Liability Lawyer

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Austin Product Liability Lawyer

Were you or a family member injured using a dangerous consumer product in Austin, TX? Defective products make it into consumers’ hands more often than you might think. The manufacturer may owe you compensation for medical bills, lost wages, and more. An experienced Austin product liability lawyer at McMinn Personal Injury Lawyers can help you fight for every dollar you deserve.

Our lawyers have more than 40 years of combined experience. We’ve helped injury victims like you recover over $500 million in settlements and verdicts since we opened our doors.

We offer free consultations so that you can get the legal advice you deserve. Contact our law offices in Austin, Texas, at (512) 474-0222 to schedule a free consultation today.

Why Should I Trust McMinn Personal Injury Lawyers To Handle My Austin Product Liability Claim?

Why Should I Trust McMinn Personal Injury Lawyers To Handle My Austin Product Liability Claim?

Product liability cases are notoriously difficult to prove. You’ll likely be standing up to a major corporation and its insurance companies. These parties have teams of defense lawyers to protect them.

You deserve an experienced Austin personal injury attorney of your own. McMinn Personal Injury Lawyers has been recognized with a perfect 10 “Superb” Avvo rating. We’ve also been listed as Super Lawyers “Rising Stars” for our success over the years.

When you hire us, you’ll have an attorney to:

  • Conduct a comprehensive investigation
  • Compile the strong evidence you need to prove you deserve compensation
  • Identify the specific product defect and all responsible parties
  • Determine whether you’re eligible to participate in a class action or multi-district litigation
  • Assess and document your damages so that you know how much your case is worth
  • Negotiate with the other side for the highest settlement amount possible
  • Reject lowball deals and take your case to trial if necessary

You shouldn’t have to suffer because profit-hungry corporations sell dangerous products. Call our Austin personal injury lawyers today to learn more about how we can stand up and fight to protect you.

Overview of Texas Laws on Product Liability

There’s really no reasonable way for the government to make sure every single consumer product is safe for consumers. In the end, it’s up to the companies that sell products to ensure their products are reasonably safe. After all, they’re the ones who are making the profit.

Like other states, Texas has product liability laws to hold companies accountable when they ignore their responsibilities.

When companies sell defective products, a strict liability law applies if the product causes an injury. You won’t have to prove that the manufacturer was careless in some way. It’s enough to prove that they sold a product with a defect that made it unreasonably dangerous.

How Much Is My Austin Product Liability Case Worth?

The value of your personal injury case depends on various factors that are unique to your specific situation, such as:

  • The nature of the harm you have suffered
  • Whether you will suffer a permanent or long-term impairment
  • Your expenses, including medical treatment costs, rehabilitation, and other out-of-pocket expenses
  • How the injury has impaired your ability to earn a living
  • The value of your lost wages
  • Your personal pain and suffering
  • How the injury will impact your future

Your compensation award should account for any loss you have experienced because of the defective product. That includes both current losses and reasonably anticipated future losses.

What Types of Damages Are Available To Victims in a Successful Product Liability Case?

By filing a lawsuit, you can pursue compensation for your economic damages and non-economic damages.

Some common examples of the damages caused by dangerous products include:

  • Current medical bills
  • Future medical expenses
  • Lost income
  • Lost employment benefits
  • Reduced future earning potential
  • Assistance and nursing care
  • Rehabilitation 
  • Property damage
  • Pain and suffering
  • Emotional distress
  • Humiliation and shame
  • PTSD
  • Diminished quality of life
  • Physical disfigurement or scarring

If the injury was fatal, your family may also deserve compensation for loss of consortium, funeral expenses, and other losses.

How Can Texas Shared Fault Laws Impact My Right To Compensation in a Product Liability Case?

Manufacturing companies like to blame victims for using products incorrectly. Even if you did use the product incorrectly, you may still be entitled to damages if the misuse was reasonably foreseeable.

Under Texas modified comparative negligence laws, you only lose your right to compensation once your share of fault exceeds 50%. If your share of the blame is less than 51%, your damages are reduced according to the percentage of blame allocated to you.

How Much Does it Cost To Hire a Product Liability Lawyer in Texas?

Most product liability law firms work on a contingency fee basis. When you hire our lawyers, you’ll agree at the outset to pay a percentage of your settlement or verdict. We only take our attorney’s fees once your case is resolved, so you don’t have to worry about an upfront or out-of-pocket fee.

What Do I Have To Prove To Recover Compensation Based on Product Liability in Texas?

Most product liability claims are based on strict liability.

To win your case, you generally must prove:

  • The defendant was responsible for putting the product on the market
  • The product was defective
  • You were using the product as intended or in a way that was reasonably foreseeable
  • The product was the direct cause of some type of harm

You’ll also have to prove the damages that you suffered as a result. 

How Do I Know Whether a Product Suffered From a Defect?

There are several different grounds for a product liability lawsuit. The three primary types of product defect cases are design defect cases, manufacturing defect cases, and marketing defect cases.

Design Defect Cases

Products with design defects are dangerous simply because of the product’s inherent design. Even if the consumer is extremely careful, products with design defects pose a risk of harm.

When considering the merits of design defect cases, judges consider various factors, including:

  • The severity of the risk created by the product
  • The benefits of the product as designed
  • Whether a safer alternative design exists
  • Whether the product will function as intended with a safer design
  • The cost of using the safer design

It’s also important to evaluate whether the manufacturing company provided effective warnings about the risk of harm.

Manufacturing Defect Cases

Manufacturing defects are created because of errors in the manufacturing process. Say a batch of prescription drugs became contaminated during the manufacturing process. If the contaminated drugs become dangerous due to that error, they suffer from a manufacturing defect.

Manufacturing defects can impact an entire batch of products or even a single product.

Marketing Defect Cases

Manufacturers have a duty to disclose known risks associated with a product. That’s why so many products contain warnings and detailed instructions. When a product manufacturer fails to warn consumers about a danger, they can be held liable for failure to warn.

We Handle All Types of Product Liability Cases in Austin

At McMinn Personal Injury Lawyers, we have the knowledge to handle any type of product liability claim, including claims involving:

  • Prescription medication
  • Over-the-counter drugs
  • Medical devices
  • Medical equipment
  • Household appliances
  • Personal care products
  • Pesticides and household chemicals
  • Toys and children’s products, including car seats and furniture
  • Sporting equipment
  • Recreational vehicles
  • Power tools and heavy machinery
  • Construction equipment
  • Fireworks and explosives
  • Batteries
  • Vehicles
  • Vehicle components, including airbags and brakes
  • Firearms

Any type of consumer product can become unreasonably dangerous if it suffers from a defect. Our lawyers in Austin are here to help you hold the responsible company accountable for the losses you’ve suffered. If you were injured using a consumer product, call today to learn more about your legal options.

How Long Do I Have To File a Product Liability Lawsuit in Texas?

The statute of limitations for Texas personal injury cases is typically two years. Most victims have two years from the date of an injury to take legal action. 

However, the rules get complicated when you don’t discover the harm you’ve suffered right away. For example, if you developed an illness over time due to a product, you may have two years from the date you discovered or reasonably should have discovered the harm. 

Examples of Common Injuries Caused By Defective Products

Defective products have the potential to cause virtually any type of injury or illness.

Our Austin product liability attorneys represent clients in cases involving:

  • Broken bones
  • Broken hips 
  • Concussions
  • Dislocations
  • Cancer and other diseases
  • Severe cuts and lacerations 
  • Shoulder and knee injuries
  • Rotator cuff injuries
  • Soft tissue damage
  • Traumatic brain injuries
  • Spinal cord injuries
  • Head and neck injuries
  • Chest injuries
  • Crushing injuries
  • Internal bleeding
  • Organ damage
  • Burns
  • Amputations
  • Paralysis
  • Catastrophic injuries
  • Wrongful death of a loved one

Don’t hesitate to call our law firm if you’ve been injured using a defective product.

Call an Experienced Austin Product Liability Lawyer for a Free Case Evaluation 

Our lawyers are always here to discuss your case. If you have questions about your rights, call for a free consultation with an Austin product liability lawyer today. At McMinn Personal Injury Lawyers, we have the skills to help you prove your case.

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