Product Liability

Austin Product Liability Lawyers

Buying a product from someone creates more than just a business relationship between you and the seller. They will assume a legal duty to you to provide you with a product that is not unreasonably dangerous. When they violate this duty, they can be held legally responsible and be made to pay you compensation in a product liability lawsuit. 

If you believe you might have a product-related injury claim, speak with an Austin product liability attorney from The Martinez Law Firm right away. 

Everyday Products that Can Be Defective

This duty extends to every type of product that you can purchase. It can include:

• Food from grocery stores or restaurants
• Medical devices and prescription drugs
• Cars
• Household appliances
• Toys 

Major Product Liability Cases that You May Know

These types of cases make the news practically every week. Chances are that you have probably heard of some of these major cases:

• Lawsuits against Johnson & Johnson for selling talc powder that led to cancer diagnoses, even though the company knew of the potential danger
• Cases against carmakers for injuries caused by exploding airbags
• Burns suffered by customers who bought scalding hot coffee from McDonald’s

All of these are examples of product liability cases. In each of these cases, there was something wrong with the product that made it unreasonably dangerous. All of these cases resulted in either a settlement or a jury award for the plaintiff.  

How You Can Win a Product Liability Lawsuit

There are several different ways to file a product liability lawsuit. The main legal concept at work is that the defendant is strictly liable when you prove that a product was defective. There are three main types of products defects:

• Design Defects – The manufacturer has designed a product that has a flaw that makes it inherently dangerous. An example of this is an SUV that can roll over when being driven.
• Manufacturing Defects – Something goes wrong when making the product that makes it unreasonably dangerous. A recent example is problems in the manufacturing chain for a popular blood pressure medication that caused it to be tainted with a carcinogen.
• Marketing Defects – The manufacturer fails to warn consumers of a problem about which it knew or should have known. One example is the recent Roundup cases, where the maker is alleged to have known for decades about the risk of cancer from exposure to its product but concealed the information from the public. 

In addition, you can also file a lawsuit arguing that the defendant was negligent in designing or selling the product and that they violated numerous warranties. Your lawyer will usually file cases that rely on many legal theories. 

You Can Sue Anyone Involved in Selling You the Defective Product

Your rights are very broad in a product liability case. You can sue anyone in the “stream of commerce” that resulted in your purchase. This could include both the manufacturer and retailer who sold you the product. It is not your responsibility to figure out who was to blame for the product defect. All you need to do is file the lawsuit against the parties involved, and they need to figure out the rest. The first step is coming forward to seek legal help.

Product liability lawsuits can be complicated. They often require complex scientific evidence because you must prove the product’s danger. In addition, the defendants will fight these claims with high-priced attorneys because they involve mass torts that could lead to very expensive legal liability. Oftentimes, there are billions of dollars at stake in these lawsuits, even if your damages are far less than that. 

You Need an Experienced Products Liability Lawyer

These are not the type of claims that just any lawyer can bring on your behalf. You need an attorney who has specialized experience in these types of cases. These cases usually take longer than the average lawsuit because there is extensive evidence gathering and much more back-and-forth between the plaintiffs and defendants during the pre-trial process. There is often a special process for large-scale product liability cases, especially when there are thousands of other consumers who have suffered the same injury as you. 

Call an Austin Product Liability Attorney

The Martinez Law Firm has recovered millions of dollars in damages for our clients, including for people who were injured by a product that they bought and trusted. We can review your case and discuss your legal options for filing a lawsuit that could lead to financial compensation. Call us today at (512) 444-0025 or contact us online to schedule your free initial consultation.