From prescription drugs to your child’s onesie, if a defective product has injured you, you have to make sure your rights are protected. That’s where we come in. We will fight for your rights. Contact Cesar Ornelas Injury Law at 210-957-2103 for a free consultation to learn about your legal steps for compensation.
What is a Faulty Product? According to a San Antonio Product Liability Lawyer
When most people think about product liability, they think of the McDonald’s® coffee burn lawsuit. Liability is so much more than that.
Some really common product liability issues:
- Defective car repairs
- Defective airbags
- Dangerous drugs
- Recreational vehicles
- Commercial vehicles
- Agricultural equipment
- Medical devices
- Children’s toys
- Unsafe toys and baby equipment
- Products that should have been recalled
- Unsafe food
- Medicine that makes you sick
- Poorly built furniture
- Shoddy foundations on your home
- Airbags that should save your life, not injure you
- Shoddy flooring and wallboard that makes you ill
As you can see, product liability is all around us. Normally, most companies strive to put out a safe product that enhances our lives. However, some put profits over negligence and you need to know your rights. Is product liability simply a matter of a product breaking? No, it can actually be quite complex which is why you should get in contact with a product liability lawyer like Cesar Ornelas II immediately and get help in San Antonio or one of our other office locations like: El Paso, Odessa, and Hobbs, NM.
Understanding Product Liability in San Antonio
The Texas Civil Practice and Remedies Code clearly spells out the rights of those injured by dangerous and defective products, emphasizing that product liability is not taken lightly here. It includes various entities:
- Major Retailers
- Designers
- Manufacturers
- Commercial Sellers
The Role of Negligence in Product Claims
Even though strict liability is the basis of product liability claims, negligence introduces an additional dimension to this legal framework. It’s about pinpointing where the responsibility lies, whether it’s a missed step in the manufacturing process or a warranty that falls short of its promises.
In San Antonio, experienced product liability attorneys at Cesar Ornelas Injury Law handle these issues, investigating how a product went from a designer’s idea to a dangerous item in consumers’ hands.
Identifying Defective Product Issues
Identifying defective product issues involves a few critical steps:
- Examine the Product: Look for any obvious defects or malfunctions. This could be anything from a broken component to a product that doesn’t perform as advertised.
- Review the Warnings and Instructions: Check if the product came with adequate warnings and instructions. A lack of proper guidance can be a sign of a defective product.
- Check for Recalls: Research whether the product has been recalled by the manufacturer or a regulatory agency. Recalls are often issued for safety concerns.
- Document Everything: Keep all receipts, packaging, and any correspondence with the manufacturer. Take photos of the product and the defect.
To determine if you have a case, consider the following:
- Injury or Damage: You must have suffered an injury or some form of damage due to the defective product.
- Defect Presence: The defect must have been present when the product left the manufacturer’s control.
- Causation: There must be a direct link between the defect and your injury or damage.
If you believe you meet these criteria, it’s advisable to consult with a product liability lawyer such as one at Cesar Ornelas Injury Law who can help you navigate the legal process and determine the strength of your case.
Your Legal Rights as an Injured Consumer
Following an injury resulting from a defective product, you might wonder: what’s the next step? The Texas product liability laws come with a silver lining—strict product liability, which requires only proof of a defect and resulting injury, sidestepping the need to prove negligence. Under Chapter 82 of the Texas Civil Practice and Remedies Code, product liability is a strict liability offense, meaning that a person’s negligence will not matter. When there is any kind of defect in a product and that product causes harm, a defendant is going to be liable for all damages resulting from the product failure.
Despite the strict liability laws that are applicable in these cases, you can expect any negligent party in a product liability action to argue that a person was at fault for their own injuries. These kinds of claims are extremely common because the insurance company for the negligent party is going to want to pass the blame for your injuries onto yourself and claim that it was your own negligence that caused an accident, not actually any problem with the product.
The Importance of Hiring a San Antonio Product Liability Lawyer
The path to getting compensation is not one you should walk alone. The importance of having a product liability lawyer on your side cannot be overstated, especially when dealing with large companies that have teams focused on minimizing their risks. In legal claims and insurance discussions, an experienced San Antonio product liability attorney is your best ally, equipped with the knowledge to get you the compensation you deserve. They guide you through the legal processes, standing up for you against those who would prefer you to get nothing.
Types of Compensation in Product Liability Cases
Seeking compensation in product liability cases is a journey towards justice, aiming to heal the financial and emotional damage caused by defective products. The law recognizes two categories of damages: economic and non-economic.
Product liability claims have the potential to result in many different kinds of compensation being awarded to people, including:
- Medical bills
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental anguish
- Emotional distress
- Disfigurement
- Property damage
Economic damages cover tangible losses, from medical bills to damaged property, while non-economic damages acknowledge the intangible suffering, the pain and anguish that no receipt can quantify.
In rare cases where the defendant’s actions were particularly egregious, punitive damages come into play, serving as a financial penalty for severe negligence or even criminal behavior. When the court rules in favor of the injured party, compensation may be awarded as a lump-sum payment or a structured settlement, providing ongoing financial support for serious injuries.
Steps to Strengthen Your Product Liability Claim
Success in a product liability claim typically hinges on thorough preparation and is strengthened by the evidence you gather. Photographs of the incident, the defective product kept untouched, and all relevant documents like receipts and warranties are part of your legal defense. Medical records charting the course of your treatment, expert testimony on the product’s flaws, and a clear demonstration of causation are the reinforcements that support your position.
Time Limits for Filing a Product Liability Claim in Texas
Time waits for no one, especially in product liability claims where deadlines are strict. The statute of limitations sets a specific period for filing claims. In Texas, you have two years from the injury or discovery to file a personal injury or wrongful death case.
For San Antonio residents, the same two-year limit applies, with an additional statute of repose capping the time at a maximum of fifteen years from the product’s purchase date.
Holding Liable Parties Accountable
Accountability forms the foundation of product liability law. At Cesar Ornelas Injury Law, we look into the product’s lifecycle, from conception to sale, to pinpoint all parties that share the blame for your suffering—from manufacturers to the retailers on the front line. Our thorough investigations are designed to peel back the layers of corporate obfuscation, bringing the truth to light and ensuring that those responsible are held accountable.
Through strategic negotiations and, if necessary, courtroom battles, we challenge the tactics of insurance companies that aim to diminish the liability of their clients.
Cesar Ornelas Injury Law: Your Partner in Seeking Justice
At Cesar Ornelas Injury Law, our commitment to justice is a principle we adhere to every single day. With a comprehensive range of services dedicated to personal injury claims, our law firm stands as a beacon for those seeking redress for their injuries caused by defective products.
Whether you’re in San Antonio or stretching across Texas and beyond, we’re here to serve, bringing our unique approach to each case and representing clients with the tenacity they deserve.
Our Approach to Personal Injury Claims
Our philosophy is clear and straightforward: every client matters, every day counts. We tailor our strategies to the individual needs of our clients, ensuring that no detail is too small, no question too trivial. At Cesar Ornelas Injury Law, we’re not just about legal representation; we’re about empowering you, protecting you from being taken advantage of by larger entities that would rather see you back down.
Our personalized support means you can focus on healing while we handle the legal heavy lifting, guiding you towards the fair settlement you deserve.
Our Services
At Cesar Ornelas Injury Law, we offer the following services:
- Open lines of communication at all times
- 24/7 availability
- Legal assistance when you need it
- Navigating through the challenges of a personal injury claim
- Handle a broad spectrum of personal injury cases
- Crafting strategies that align with the unique circumstances of each client
From managing insurance claims to scheduling medical appointments, we take care of the legal intricacies so you can concentrate on recovery.
At Cesar Ornelas Injury Law, we handle a wide range of practice areas to serve our clients better. Our practice areas include:
- Auto accidents
- Oil rig accidents
- Workplace injuries
- Spinal injuries
- Trucking accidents
- Motorcycle accidents
- Oil field accidents
- Aviation accidents
- Product liability
- Brain injuries
- Personal injury
- Wrongful death
- Oil refinery accidents
- Catastrophic injuries
- Commercial vehicles
- Premises liability
If you’ve been injured due to a bad or faulty product, you need to call a strong and dedicated product liability lawyer like Cesar Ornelas II now at 210-957-2103!
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Answers to your most commonly asked questions
What constitutes a “defective product” under Texas law?
A defective product in Texas is one that is unreasonably dangerous due to a flaw in its design, manufacturing, or marketing. This includes products that fail to meet the safety expectations of an ordinary consumer or those that lack adequate warnings or instructions. The defect must have been present at the time the product left the manufacturer’s control.
Can I file a product liability claim if I was partially at fault for the injury?
Yes, you can still file a product liability claim even if you were partially at fault. Texas follows a modified comparative fault rule, which means your compensation may be reduced by your percentage of fault. However, if you are found to be more than 50% at fault, you may not be eligible to recover damages.
How long does a product liability case typically take to resolve?
The duration of a product liability case can vary significantly depending on the complexity of the case, the willingness of the parties to settle, and the court’s schedule. On average, these cases can take anywhere from several months to a few years to resolve. Factors such as the need for expert testimony and the extent of the injuries can also influence the timeline.
What types of evidence are important in a product liability case?
Evidence in a product liability case includes the defective product itself, any warnings or instructions that came with it, and documentation of the injury, such as medical records and photographs. Witness statements and expert testimonies can also play a significant role. Preserving the product in its post-accident state is essential to demonstrate the defect.
Is there a cap on damages for product liability cases in Texas?
Texas does not impose a cap on economic damages, which cover tangible losses like medical expenses and lost wages. However, there are caps on non-economic damages, such as pain and suffering, in certain types of cases, particularly those involving medical malpractice. Punitive damages are also capped at the greater of $200,000 or two times the amount of economic damages plus an equal amount of non-economic damages, up to $750,000. Please be aware that legal regulations including potential dollar amounts may change over time. For the most current and accurate information, consult with a legal professional to ensure accuracy in your specific situation.
