Responsabilidad por productos defectuosos

Abogados de responsabilidad por productos defectuosos

When a company puts a dangerous or poorly made product on the market, the people who buy and use it pay the price.

Our attorneys hold manufacturers, distributors, and retailers accountable for defective auto parts, dangerous pharmaceuticals, faulty medical devices, and every other kind of product that fails the people who trusted it.

¿Lastimado por un producto defectuoso? Llame a Daspit Law Firm para obtener ayuda

When a product has not been properly designed, tested, manufactured, or labeled, it poses a threat to unsuspecting consumers.

It is the manufacturers’ responsibility to ensure that the products they are putting on store shelves, in our homes, in our cars, and in our bodies are reasonably safe to use.

Yet, unfortunately, this is not always the case. Defective products make their way onto the market at an alarming rate, causing countless preventable injuries and deaths.

If you or someone you love has been injured by a dangerous or defective product, it’s important to know that you have rights.

Si desea hablar con un abogado experto en responsabilidad por productos defectuosos, nuestro equipo legal está a su disposición para ayudarle. Estamos disponibles las veinticuatro horas del día y ofrecemos evaluaciones de casos GRATIS.

Ejemplos de reclamaciones habituales por responsabilidad civil por productos defectuosos

“Product liability” refers to a situation where a manufacturer or seller can be held legally responsible for injuries or death caused by its products.

A product liability claim is based on evidence that the plaintiff's injury was proximately caused by some type of design flaw or manufacturing defect.

Algunas de las reclamaciones más comunes por responsabilidad civil por productos defectuosos se refieren a:

• Piezas defectuosas
• Juguetes infantiles peligrosos
• Productos alimenticios contaminados
• Materiales de construcción peligrosos
• Productos farmacéuticos peligrosos
• Productos sanitarios defectuosos

Los consumidores no pueden demandar a los fabricantes por todas las lesiones sufridas en relación con su producto; sin embargo, si el consumidor estaba utilizando el producto conforme a su finalidad prevista y la lesión fue consecuencia de un defecto, la víctima o los familiares supervivientes pueden tener motivos para presentar una demanda por lesiones personales.

FAQS Regarding Product Liability

Do I have a case if I was injured by a defective product in Texas?

You likely do if the product was defective and you were using it as intended or in a reasonably foreseeable way.

Texas recognizes three kinds of defect: a design defect, where the product is unreasonably dangerous even when made correctly; a manufacturing defect, where a specific unit came off the line flawed; and a marketing defect, where the product lacked adequate warnings or instructions.

You generally do not have to prove the company was careless, only that the product was defective and that the defect caused your injury, and that's true whether the harm was a minor injury or a catastrophic injury.

Keep the product itself, its packaging, and your receipt, because the product is the single most important piece of evidence. Call (888) 273-1045.

Who can be held liable for a defective product?

Anyone in the chain of distribution can potentially be responsible, including the manufacturer of the finished product, the manufacturer of a defective component, the company that designed it, the distributor, and in certain circumstances the retailer that sold it.

As this page notes, manufacturers and sellers are responsible for ensuring that products are reasonably safe to use. In Texas the retailer is often protected if the manufacturer is available and solvent, which is one reason cases involving overseas manufacturers need careful handling. Our attorneys identify every viable defendant rather than the nearest one.

What are common types of product liability claims?

The claims we handle most often involve defective auto and truck components such as tires, airbags, seat belts, and brakes; dangerous or defective children's toys; contaminated or mislabeled food; hazardous building and construction materials.

We also represent clients harmed by pharmaceuticals with undisclosed side effects; defective medical devices and implants; failed industrial and oil field equipment; power tools and machinery lacking proper guarding; and household appliances with fire or electrical hazards.

Does a product recall affect my claim?

A recall can help, but it neither creates nor destroys a claim. A recall is useful evidence that the manufacturer recognized a defect, and it often makes the technical problem easier to prove. But you do not need a recall to have a case, and many defective products are never recalled at all.

Conversely, if a recall was issued and you did not receive or act on the notice, the manufacturer may argue that against you. Either way, do not return or discard the product to the manufacturer before your attorney has documented it.

What should I do after being injured by a defective product?

Preserve the product exactly as it is. Do not repair it, alter it, throw it away, or send it back to the manufacturer or retailer for a refund or replacement, because losing the product can end an otherwise strong claim. Keep the packaging, manual, labels, and proof of purchase.

Photograph the product and your injuries, get medical treatment and make sure the cause is recorded, and write down what happened while it is fresh. Then call The Daspit Law Firm at (888) 273-1045 for a free consultation.

How long do I have to file a product liability claim in Texas?

Generally two years from the date of the injury. Texas also has a statute of repose that in most cases bars claims brought more than 15 years after the product was first sold, regardless of when the injury happened, with limited exceptions such as products the manufacturer warranted for a longer useful life.

For injuries from pharmaceuticals or toxic exposure where the harm surfaces years later, the clock may run from the point the injury was or reasonably should have been discovered. Because these rules are unforgiving, have your claim reviewed early.

Speak With a Product Liability Lawyer Today

If a defective product hurt you or someone you love, the manufacturer won't hold itself accountable. You need attorneys who will. Let us investigate what went wrong and fight to get you the compensation you deserve.

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