We assume the products we use every day such as cars, prescription drugs, children’s toys, and industrial machinery will be safe when we use them as intended. But that’s not always the case. Defective products can cause severe injuries and ruin people’s lives. Reach out to a trusted Dallas product liability lawyer to learn more about your options for pursuing a personal injury claim.
Call a Product Liability Lawyer in Dallas
The Dallas product liability lawyers at The Wilhite Law Firm, have the knowledge, training, and resources to help Dallas residents who have been injured by defective products. Our attorneys have a long track record of taking on large, powerful companies and manufacturers on behalf of our clients. Our highly skilled team will investigate your case to determine liability for your injuries and discuss your best path for pursuing all the compensation you deserve.
We will dedicate ourselves to providing exceptional representation and personalized, attentive client service throughout your case. You also won’t owe us any fees unless we collect compensation on your behalf. To learn more about your options, contact the Dallas product liability lawyers at The Wilhite Law Firm at our office in Dallas for a free initial consultation today.
A product liability case is a type of personal injury claim. It is based on the idea that companies that design and manufacture the products we use should be held accountable if someone is hurt due to a product defect. A sadly common example of product liability is when vehicles are recalled due to a mechanical defect such as the ongoing Takata airbag recall.
Generally speaking, three kinds of product liability claims frequently arise:
Manufacturing defects – When a product injures someone due to an issue with how it was made. The defect could be caused by low-quality materials, carelessness in the manufacturing process, poor-quality parts, or issues with assembling the product.
Design defects – When something in the design of the product is inherently flawed. If something about the way the product is designed puts users in danger, the designer of the product can be held liable for resulting injuries.
Failure to warn or provide instructions – To minimize the chance of serious injury or death, companies are required to warn users when a product could be dangerous to use. They are also required to provide instructions on how to safely use the product.
What to Do If You’ve Been Harmed by a Dangerous or Defective Product
If you’ve been harmed by a defective or dangerous product, it is important to take the right steps to protect your rights. At The Wilhite Law Firm, we recommend that you:
Preserve the product as best you can – The product that injured you is a critical piece of evidence in a defective products case. You should preserve it in as close to the condition it was in as when you were injured. Do not dispose of the product or replace it before you talk to a lawyer.
Save your medical records and other evidence – Hold on to any medical records you have that are related to your injuries. If there is any additional evidence such as photos from the accident scene or accident reports, save those items as well.
Hold on to your financial records – You can be compensated for the economic losses you have suffered after being injured by a defective product, but you need proof of those losses. Pay stubs, medical bills, and other records of your lost income can help substantiate your case.
Follow the instructions from your doctor carefully – If you don’t follow your doctor’s orders precisely, you will give the liable parties an excuse to potentially deny your claim or reduce your compensation.
Don’t talk to any liable parties or make any public statements – Anything you say in public, on social media, or to a company representative after being injured by a defective product could come back to haunt you. Refrain from discussing the incident or your injuries, and let your lawyer handle all communication about your case.
Talk to an attorney as soon as you can – Defective products cases can be difficult to win. You will need help from an experienced product liability lawyer in Dallas as soon as possible. The earlier you speak to a lawyer after you are injured, the better.
Product Liability FAQs
Here are some of the most common questions our Dallas product liability attorneys at The Wilhite Law Firm about product liability claims:
The six key steps in a product liability lawsuit in Texas include:
Investigating the defective product and the nature of your injuries
Identifying the liable parties
Filing a lawsuit, or complaint, against the liable parties in court
Going through discovery, where each side must disclose certain information and take testimony from witnesses
Conducting settlement negotiations with the liable parties
Bringing your case to trial if a settlement cannot be reached
A class-action claim is a personal injury case in which multiple victims who have been injured by the same party come together to file a lawsuit against the plaintiff. In a class-action case, a single plaintiff stands in for the whole group, or “class,” of plaintiffs.
In a class action lawsuit, one or more people called the “class representatives” sue on behalf of themselves and other people who have similar claims against the same company. The people who are suing are called the plaintiffs, and they make up a class. The company or companies they sue are called the defendants. In class actions, the judge or jury resolves the claims for everyone in the class unless they ask to be excluded.
A mass tort is a personal injury case involving one wrongful action that injures a high number of people. Unlike in a class-action claim, each member of a mass tort claim is treated as an individual plaintiff and may seek compensation specific to their losses. However, mass tort claims are often consolidated in a single court to make it easier to conduct discovery and to avoid inconsistent or duplicate rulings on important issues in a case.
It is difficult to say, but many personal injury claims do not go to trial, including those involving dangerous and defective products. Trials are risky and expensive. So defendants usually settle out of court before a case reaches the trial stage.
However, you should make sure to trust your case to an attorney who has a track record of winning at trial. This will ensure you are prepared to fight for the full compensation you deserve if a fair settlement cannot be reached.
Most product liability attorneys, including The Wilhite Law Firm, work on a contingency fee basis. In other words, you won’t pay any fees unless your lawyer helps you collect compensation for your injuries. Once that happens, your attorney will collect an agreed-upon percentage of whatever compensation you received.
How Long Do You Have to File a Product Liability Lawsuit in Texas?
You generally have two years from the date of your injuries, or from the date of the discovery of your injuries, to file a product liability lawsuit. If you wait any longer, you will most likely lose your chance to recover any compensation. Contact a Dallas product liability attorney at The Wilhite Firm today.
A Texas native, Rob is the firm’s Managing Partner in charge of Litigation, overseeing all the firm’s cases. He has guided numerous cases to noteworthy conclusions for his clients, including a $9 million recovery for a defective product.
How Can Our Dallas Product Liability Attorneys Help with Your Claim?
Fighting against the companies that design, manufacture, or market dangerous products can be a major battle, and they have significant legal resources. Here’s how the Dallas product liability attorneys at The Wilhite Law Firm can help with your claim:
Identifying who is liable for your injuries – We will examine the product and your injuries to determine what caused them and who could be held responsible.
Documenting the harm that you have suffered – To recover full compensation for your injuries, you will need to substantiate all of your losses. This includes your physical injuries, your lost wages, the pain you have suffered, and more. We will meticulously document your injuries and losses so that you can pursue the maximum compensation possible.
Filing your claim – Product-related injury claims need to be filed within a certain time window after your injuries. Otherwise, you won’t be able to recover any compensation. We will make sure your claim is filed correctly and in a timely manner.
Negotiating for a settlement – Most product liability cases are resolved in out-of-court settlements. We can negotiate on your behalf for a settlement that reflects the value of the losses you have suffered.
Bringing your case to court – If a reasonable settlement cannot be reached, it may be necessary to go to court to pursue full and fair compensation for your injuries. We are veteran litigators and will come up with a comprehensive strategy to hold the liable parties accountable for their actions.
Legally Reviewed By
Robert (Rob) Wilhite
Attorney/Shareholder
Colorado & Texas
A Texas native, Rob is the firm’s Managing Partner in charge of Litigation, overseeing all the firm’s cases. He has guided numerous cases to noteworthy conclusions for his clients, including a $9 million recovery for a defective product.
The Dallas defective product attorneys at The Wilhite Law Firm are ready to hear your case and start work on pursuing full and fair compensation for your injuries. We work with clients throughout Texas. Contact our office today for a free initial consultation.
Colorado & Texas
