If you or a loved one has been injured due to a defective product, you may be entitled to compensation. Such compensation can help you cover medical costs, lost wages, and other expenses. The Queenan Law firm in Dallas has over 20 years of experience representing clients in product liability cases. Our attorneys have the expertise to vigorously challenge manufacturers and aggressively pursue your claim. We can help you with your claim and fight for the compensation you deserve.
Defendants’ legal strategy in product liability cases
Defendants’ legal strategy in product litigation is an essential part of the overall defense against claims. In most cases, companies cannot be held liable for the defects of their products or services. Although zero-defect claims are nearly impossible to win, focusing on avoiding injury-causing defects can avoid devastating claims and avoid costly litigation. Defendants should study a variety of defects to identify those that may lead to injuries. The characteristics that courts define as defects are often surprising to defendants who are involved in litigation.
The history of a product can reveal a chain of accountability. The defendant may attempt to argue that the product was altered before it reached store shelves or was misused. Whether the defendant successfully refutes the claims will depend on the particular facts of the case. However, defendants’ legal strategy in product liability cases may also include attempts to attack other aspects of the claim. In addition to investigating the manufacturing process, the attorney may also call on experts for testimony in the case. These experts include those with expertise in marketing, engineering, and medical fields. Psychologists may also be consulted if they believe the product may have caused a psychological condition.
Common defense strategies
As a Dallas product liability attorney, I am familiar with the intricacies of these cases, which can be complex and frustrating. A good product liability defense lawyer should have a thorough understanding of the legal process and know how to prevent exposure. A skilled Dallas product liability lawyer should know how to defend against claims against a manufacturer or distributor, while at the same time working to reduce the client’s risks and maximize recovery.
One of the most common defense strategies a defendant can use is the comparative fault theory. In such cases, the defendant may argue that the plaintiff contributed to their losses and acted improperly after implanting the device. In this case, the jury could reduce or even dismiss the claim entirely, denying the plaintiff full compensation. If this is the case, a Carrollton product liability attorney can fight back against these common defense strategies.
Compensation for injury-related expenses
Product liability laws allow consumers to file a claim against companies that do not follow their own safety standards. In many cases, negligence on the part of a company can cause a victim to sustain injuries. While some injuries may be unavoidable, others are preventable, such as a product’s failure to warn. In Dallas, product liability attorneys use evidence to show that a product’s safety regulations did not adequately protect the public. Injury-related expenses such as medical bills and lost earning potential are common and can be recovered through a product liability lawsuit.
An experienced product liability lawyer can help you seek compensation for your injuries and associated expenses. Texas law allows consumers to recover compensation for the cost of defective products. Compensation can include out-of-pocket expenses and lost wages, pain and suffering, diminished quality of life, and more. A qualified Dallas product liability lawyer can help you assess the damages you deserve and fight for justice in court or during settlement negotiations. It is important to consult with an attorney as early as possible.
Statute of limitations for product liability claims
Typically, a claim for a defective product must be filed within two years of the injury or death. This time period is determined by VA. Code SS 8.01-243(A). In other words, the right to file a claim begins when the injury or death occurs, not when the damage is discovered. To make the most of this time limit, it is crucial to speak with a product liability attorney as soon as possible after the injury or death occurs.
While most injury cases are easily identifiable – broken bones, for example, are often diagnosed immediately – the time limit for filing a claim for a defective product may take longer. In many chemical exposure cases, for example, a person may be exposed to a dangerous chemical over many months or years before discovering the health problem. For this reason, the law provides that an injured party can begin to count the days from the time he or she learns of the injury.