Hurt Because of a Faulty Product?

RON VICKERY TAKES PRODUCT LIABILITY CASES IN TYLER, TX AND SURROUNDING AREAS

As a consumer, you expect the products you buy to be safe. Most products on shelves go through rigorous testing to ensure no harm will come to the users. However, some products can still slip through the cracks and cause personal injury. When this happens, the consumer may sue the manufacturer of the product for medical compensation and other costs associated with the faulty product.

If you’re seeking compensation after getting an injury by a faulty product, it’s essential your lawyer has accurate knowledge of your state’s product liability laws. There are no federal laws for product liability, so extensive knowledge of state laws is a must in these cases. Attorney Vickery has been practicing law in Tyler, TX and the surrounding areas for over 30 years, and can help you sort through legal proceedings.

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How to tell if you’re the victim of a faulty product

There are hundreds of ways you can get an injury using everyday products around the house. But simply getting an injury by a product does not mean you have the grounds to sue. A few things need to be confirmed before the product can officially be claimed as faulty.

– The product was being used for its intended purpose

If you sit down in a chair and it immediately breaks on you, that is a faulty product. However, if your kids were roughhousing and fell on top of the chair, causing it to break, the chair would not be considered faulty in a court of law. In any legal proceedings around product liability, you will have to share exactly how the product broke or caused injury. If the product wasn’t being used for its intended purpose, then your claim would not stand.

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– The product was lacking in fair warnings

“Caution: contents hot” may seem like an obvious warning that shouldn’t need to be said, but when it comes to the court of law, nothing can be assumed to be obvious. If a manufacturer knows that a product can cause physical harm, they are required to put a warning label on the product or in the product’s user guide, even if the warning seems like common sense. Not having a proper warning about the risk of harm is what makes a product liable.

– The product’s design was defective/lacking in protection
Warnings about dangers caused by the natural design of a product are one thing. But there are certain cases where design flaws can lead to avoidable harm. Saying “contents hot” only goes so far if the lid to a coffee cup doesn’t fit properly, causing the hot contents to spill out when grabbed. If a product has an injury warning, but the product’s design makes it impossible to avoid said injury, you can still open a product liability.

– The product malfunctioned

Part of the testing that products go through before hitting the shelves is to find any malfunctions that could occur. Several ‘bugs’ in products are found and fixed at this stage, but not all are discovered. While the item might serve its purpose well, it can be unreasonably dangerous to use due to a design flaw.

Vickery Law Firm Fighting for Justice, Caring for You

Call Now at (903) 504-5490

What to do if you or a loved one is the victim of a faulty product

The first step is to immediately seek medical aid. Getting proper treatment as soon as the injury happens will help reduce future recovery time. It will also save you money down the road. It’s essential to keep all medical records from this appointment and any others in relation to this injury.

After the immediate danger is over, contact a lawyer specializing in product liability laws in your state. They will be able to help you sort out documents, file the appropriate claim, and get the compensation you deserve.

The next step may require additional research, especially if you are going it alone. To properly support your claim, you’ll need to know who, exactly, you’re attaching the product liability claim to. Determining the cause of the product’s fault will lead you in the right direction. If there was a malfunction or defective part, you’ll want to sue the company that creates the product or the factory that makes the parts used. If there was a lack of accurate warning, you’ll want to sue either the company that markets the product or the retailer that sells it. Having a product liability lawyer with you during this process can help determine who was at fault for your injury.

Getting an injury by a household product can feel like a breach of trust. You want the products you bring into your home to be safe for you and your family. If this turns out not to be the case, you have the right to sue. The Vickery Law firm is here to help you and your loved ones get the compensation you deserve.