In spite of the federal and state laws in place to protect consumers from dangerous and defective products, many thousands of people are injured each year as a result of a broad range of products that don’t function safely. Although numerous products are routinely recalled — defective cars, tools, toys, furniture, vegetables, medications, cosmetics, clothing, baby food, recreational equipment, cleaning products, insect repellants, etc. — most are not recalled until at least some consumers have suffered harm. In worst-case scenarios, one or more consumers have suffered wrongful death.
If you or a family member has suffered serious injury as a result of a defective, malfunctioning, highly flammable or contaminated product, Sherman Law Firm is the place to call. We are a superior personal injury firm ready to evaluate your case at no cost and provide you with compassionate legal counsel.
From our office in Houston, we serve clients in the city and in adjacent counties. If we find that you have a viable case, we will fight energetically to win you appropriate compensation, preferably through skillful negotiation but, if necessary, through aggressive litigation and will not charge you any attorneys’ fees until we win you the compensation you deserve.
The Product Liability Laws That Protect You
In 1972, Congress enacted the Consumer Product Safety Act (CPSA) which created the Consumer Product Safety Commission (CPSC), a government agency authorized to establish product safety standards, investigate possibly dangerous products and, when necessary, initiate recalls of potentially harmful products.
The CPSC is also responsible for enforcing several federal statutes that target particular areas of danger to consumers, such as the Federal Hazardous Substances Act, the Child Safety Protection Act, and the Labeling of Hazardous Materials Act. Sherman Law attorneys have a comprehensive understanding of these laws and the skill to use them to strengthen your case.
The Advantages of Working with Sherman Law
There are a great many benefits to contacting Sherman Law when you have been harmed by a defective product. In addition to our in-depth knowledge of product liability law, we are committed to the principle that those who threaten consumers, whether through neglect or greed, must be held accountable. We also have an enduring belief in your right to be compensated for the wrong that has been done to you.
An important part of the service we offer is a thorough investigation into your case so we can pinpoint where in the process an error occurred. This will enable us to file a lawsuit against the appropriate party so we can win the damages to which you are entitled.
Our sharp Sherman Law attorneys have extensive experience proving the basic elements of strict liability. These include proving both that the product was defective and that your injury resulted directly from a defect in the product. We are well aware that the large corporations we are looking to hold liable have enormous financial resources and powerful attorneys. But our exceptional legal knowledge in the field of product liability will level the playing field.
Once we have investigated the specifics of your case and consulted with experts in relevant fields such as mechanics, electricity, engineering, medicine, and chemistry, we will bring our evidence to the table. If necessary, we will bring our expert witnesses to the courtroom.
Who Made This Product Dangerous?
There are several stages a product goes through before you purchase it and that product can become threatening to the consumer at any stage. The law recognizes three types of product liability:
- Design defects which make the product unsafe from its conception
- Manufacturing defects that result from mistakes in production or assembly
- Marketing defects which endanger consumers through improper labeling or instructions or inadequate warnings (even inherently dangerous products, like power saws or electric knives, are legally required to carry explicit, visible warnings of their risks)
It is possible for a seller, too, to be held liable for a defective or contaminated product, particularly if that seller was given notice of the defect and failed to take appropriate action to protect the public.
Strict Product Liability in Texas
In Texas, product liability is a strict liability offense. What this means is that the plaintiff needn’t prove that there was negligence or intent involved to win the case. As long as a defect in the product has caused an injury, the defendant is liable. There are, however, situations in which other laws besides strict liability also apply, including:
- Negligence
- Misrepresentation
- Breach of express or implied warranty
In some cases, product liability may even involve deliberate recklessness on the part of a greedy defendant who doesn’t want to spend the money to correct a dangerous defect.
Contact Houston Product Liability Attorney
At Sherman Law, we realize how traumatic an injury due to product liability can be and how many unanticipated consequences it may have. That’s why we will fight with all our strength to win you the compensation you deserve for:
- Medical and rehabilitative costs
- Lost income (present and future)
- Disfigurement or disability
- Destroyed property
- Pain and suffering
- Loss of enjoyment of life
If you have suffered a serious injury due to a defective product, don’t let yourself be victimized. Get in touch with Sherman Law. We have the leverage to make things right for you and your family. The sooner you contact us, the sooner we can begin working on a winning strategy for your case.