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Every year, countless products are recalled across the country. Sometimes, those recalls are due to relatively harmless reasons and result in nothing more than the inconvenience of tossing the item. However, other times, products are recalled because they threaten the consumer’s safety, which is more than just inconvenient. When a faulty item catches us by surprise, the injuries can be significant. It can be life-changing in all the wrong ways.
If you purchased an item that is defective or has been recalled, you may be able to file a legal claim. Any consumer product has the potential to be defective, and some of the most common categories are household appliances, automobiles, children’s goods, and personal electronics. Hire a Channelview product liability lawyer who can help you understand your legal options for moving forward. Call Lone Star Injury Attorneys today to begin working with a trusted personal injury attorney.
A central legal concept in product liability cases is “strict liability,” which holds manufacturers and retail sellers liable for a consumer’s injuries from faulty merchandise. Strict liability exists if the merchandise was flawed in its manufacturing, marketing, or design when it left the seller’s control.
A number of parties can be held liable when a defective product hurts someone, like the distributor or manufacturer. Even if they are unaware of the issue, they can be held liable because they must ensure that what they make or distribute is safe. Importantly, the flaw must be the main and direct cause of the injury. A Channelview attorney who specializes in product liability lawsuits will be able to help you prove the right defect so you can get compensated.
Damages are a legal term referring to possible remedy for the plaintiff’s losses. There are two main types of damages that can be found across the country.
The first type is economic damages. Economic damages are “tangible” in the sense that they have receipts or monetary amounts documenting the costs. Some typical examples include present and future relevant medical bills, loss of income, and reduced earning ability.
The second type of damages is non-economic damages, which are subjective. They include concepts like mental anguish, temporary or permanent disability, pain and suffering, and reduced quality of life. It is best to consult with a Channelview product liability attorney who can gauge what kinds of damages you can successfully seek.
Some cases are resolved through settlements with insurance companies, and some are resolved by a judge and jury. In the claims process, insurance companies seek to protect their own profits by giving the lowest possible amount they can in claim settlements. As such, insurance companies often lowball plaintiffs who are unaware of the compensation they truly deserve.
That is when some lawyers opt to go to court. A strong argument in court can win an award that is much higher than the settlement amount the insurance company offered. Presenting the right evidence can help get a higher settlement offer from those companies or sway a jury and judge to award more extensive damages to the plaintiff. With the proper evidence in your product defect/recall case, a Channelview attorney will be able to prove that you are entitled to damages for medical bills, lost wages, pain and suffering, and more.
Product safety is serious, and lawsuits can be complicated and difficult to prove on your own. The powerful companies behind them often have vast resources on hand to make your lawsuit a tedious and lengthy process. When you call a qualified attorney who is dedicated to fighting against such companies to take on your case, you monumentally increase your chances of having a positive outcome. Call us today for a consultation with a Channelview product liability lawyer.
Lone Star Injury Attorneys, PLLC
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