When you purchase a product, from medication and the car you drive to household appliances, you expect it to work as designed.
You don’t expect it to end up hurting you or your loved ones, but that’s a reality many people in McAllen face, with hundreds of potentially hazardous products being released to the public every year.
A defective product can cause harm, ranging from broken bones to permanent physical disfigurement, and you may be entitled to seek financial compensation to cover your medical bills, lost wages, ongoing rehabilitation needs, and more.
Our McAllen personal injury lawyers understand how difficult it can be dealing with an injury that wasn’t your fault — especially if you face sky-high medical bills and months off work.
After spending over 20 years serving as a U.S. Army Combat Medic and treating injured victims as a chiropractor, Law Ninja Dr. Louis Patino — or Doc, as his clients call him — started his personal injury practice.
Doc and his team are dedicated to helping McAllen residents with severe injuries get the compensation they’re entitled to in a defective product claim.
You can find us at 1802 N 10th St, McAllen, TX 78501. Book a free consultation online by calling 855-LAW-NINJA or send us a confidential message on our contact page. If you’re unable to visit us, we can also come to you.
Your case review is always free, and if you have a claim, you won’t pay us anything until we successfully settle your case.
Under the Texas Product Liability Act, a strict product liability law, manufacturers are responsible for any harm their products cause — regardless of whether they were negligent, careless, or otherwise at fault. If a defective product has caused a severe illness or injury, you may be able to file a lawsuit to pursue compensation.
While you don’t have to satisfy the difficult burden of proof that a manufacturer was willfully negligent to successfully sue for product liability, you must prove several elements, such as if:
You may also be able to file a product liability claim if you have evidence that the manufacturer was negligent and that this led to the product being defective, which caused your injuries, or if they breached an implied or explicit warranty.
Our personal injury law firm specializes in catastrophic injuries and death caused by product defects.
A catastrophic injury is a serious injury that has life-changing consequences. People with catastrophic injuries often need substantial medical treatment — sometimes for the rest of their lives — and experience a significant loss of income potential. In some cases, they may not be able to work again.
Examples of catastrophic injuries include the following:
A product liability claim for an accident resulting in catastrophic injuries or wrongful death can yield significant compensation. For example, if you’re a painter and lose your dominant hand in an accident caused by faulty equipment, you may never be able to paint again.
Our product liability attorneys can ensure you secure a settlement that appropriately compensates you for your losses, which might result in a six-figure settlement or more.
Our product liability lawyers in McAllen can investigate your situation, determine if a company is liable for your injuries, and gather the vital evidence you need to prove the product was defective.
Our product liability attorneys can also help you receive the maximum payout from your claim, including compensation for medical expenses, lost wages and earning capacity, physical pain, and mental anguish.
A product can be defective in many ways, but defects typically fall into one of the following three categories:
Design defects happen when there is a fundamental flaw in the intended design of the product. This type of defect is hazardous because it typically affects the entire manufacturing run.
Some examples of design defects include the following:
Claiming product liability compensation for a design defect comes with an additional burden of proof. You must show that there was an alternative, safer design and that it was feasible for the manufacturer to design the product in this way.
Manufacturing defects are usually the result of an error in the creation or assembly process. If products are handmade or part of a small manufacturing run, there might only be a small number of items affected. However, in today’s world of mass production, a manufacturing defect could impact whole batches and, therefore, thousands — if not millions — of consumers.
Examples of manufacturing defects include things such as:
The final category of defects is a failure to warn, and it applies when a product doesn’t come with appropriate warning labels and instructions.
Some products, such as medications, power tools, and machinery, are not inherently safe. Even if there isn’t a design defect in the mower you use to trim your lawn or the flat iron you use to straighten your hair, there is still a risk of harm. Because of this, the product should come with a warning label and instructions for use. If they do not and you’re injured while using the product, you could be entitled to compensation.
We know it can be intimidating to take action against the party responsible for your injury. However, our defective product lawyers are unafraid to fight for the justice you deserve if any of the following has hurt you:
Medication can suffer a defect during the packaging process, but it can also be defective in other ways. Many drugs are approved by the U.S. Food and Drug Administration but are later found to be dangerous, including birth control, acid reflux drugs, and antidepressants.
DIY hobbyists and construction workers alike may come into contact with defective equipment, such as saws, fans, drills, nails, heat, or glue guns, angle grinders, and sanders. These all have the potential to cause catastrophic injuries, including amputations and skin burns.
Children’s toys are also commonly defective. Smaller toys may be made incorrectly and could pose a choking hazard, while large items may have a design defect that makes them prone to falling over and trapping children. If your child got hurt due to a product defect, our McAllen personal injury lawyers can help.
Defective vehicles and auto parts are common, and they can cause life-changing injuries or even wrongful death. If you believe a defect has caused your injury, you could be entitled to product liability compensation. Common examples of auto defects include defective brakes, seat belts, tires, and airbags.
How much compensation you can recover in a product liability claim depends on the losses you’ve incurred as a result of your injuries.
While it’s difficult to predict exactly how much you might receive without knowing the specifics of your case, you can get a ballpark figure by using our personal injury calculator. Injuries impact everyone in unique ways, but your damages will most likely comprise the following:
Some damages — such as medical bills and lost wages — are much easier to prove than others. Our experienced McAllen product liability lawyers will work with experts, gather evidence, and negotiate with insurance companies to ensure you get the maximum possible award.
A defective product is one that’s potentially dangerous when used as intended. This could be due to a flaw or error in its:
A defective product can be one that fails to perform safely when used as a consumer would expect or that poses risks that aren’t adequately warned against on the labeling or packaging. These defects can result in serious injuries or even death to consumers.
If a defective product has injured you or someone you know, it’s essential to speak to a McAllen accident attorney as soon as possible. They will help you with every step of the process to ensure you receive compensation.
In Texas, the statute of limitations for filing a product liability claim is generally two years from the date of the injury. This means that an injured party has two years from the date the defective product injured them to file a lawsuit. It’s crucial to act quickly, as failing to file within this time may mean you won’t receive compensation for your injuries.
In Texas, the statute of limitations for filing a product liability claim is generally two years from the date of the injury. This means that an injured party has two years from the date the defective product injured them to file a lawsuit. It’s crucial to act quickly, as failing to file within this time may mean you won’t receive compensation for your inj
Liability for a defective product can fall on various parties involved in the product’s distribution chain, such as:
In some cases, other parties involved in the distribution of the product can also be held liable. The key is to identify who was responsible for the defect that caused the injury to establish liability. It’s vital to seek the help of a product liability lawyer, who will guide you through the process, collect any evidence that’s required, and ensure you receive the compensation you deserve.
uries.
Selling a defective product that poses a risk of injury or harm to consumers is generally considered illegal. Various consumer protection laws, such as those enforced by the U.S. Consumer Product Safety Commission (CPSC), prohibit the sale of dangerous or defective products.
Sellers, manufacturers, and distributors have a legal obligation to ensure the products they offer to consumers are safe for use as intended. If they knowingly sell a defective product that poses a risk of serious injury, they may be held liable for any resulting harm and face significant legal consequences.
In a defective product lawsuit, potential defendants can include:
In some cases, other parties in the chain of distribution may also be held accountable. It depends on where in the product’s chain the defect originated and who had a duty to ensure the product’s safety. A personal injury attorney will be able to help you determine liability and guide you through the process to make sure you are compensated for any harm the defective product has caused.
To have a valid product liability claim, generally, you must be able to prove that the product was defective, that you used the product as it was intended, and that you suffered injuries as a direct result of the product’s defect. It is also important to show that you have suffered actual damages, such as medical bills, lost wages, or pain and suffering due to the defective product. Consulting with an experienced product liability attorney can help you assess the strength of your claim and guide you through the legal process.
If a defective product injures you, it is important to take several steps to protect your rights. First, seek medical attention immediately and follow your healthcare provider’s advice. Keep the product and any packaging, instructions, or warnings that came with it, as these may serve as crucial evidence. Document the incident in detail, including how you used the product and how the injury occurred. Take photographs of your injuries and the product. Keep records of all medical treatment and expenses related to the injury. Finally, consult with a qualified product liability attorney as soon as possible to discuss your legal options and to ensure that your claim is filed within the applicable statute of limitations.
At Patino Law Firm, we know how devastating it can be to be injured by a product you trusted to be safe. You could be entitled to compensation, but it’s not a task you have to tackle alone. Our understanding and compassionate product liability lawyers are on your side and can fight to get you the compensation you deserve so that you can focus on your recovery.
Get in touch with your McAllen Law Ninja today by calling 855-LAW-NINJA or filling in our contact form to find out if you have a claim and how much you could be entitled to.
Dr. Louis Patino’s background as a U.S. Army Combat Medic and chiropractor provides him with a unique perspective and experience that not many other attorneys can boast. This helps him explain the realities of living with a catastrophic injury to his clients as well as secure the compensation that will support them financially.
While he knows that no amount of money will likely ever fully compensate them for the pain and suffering they’ve endured and the symptoms they might continue to experience for the rest of their lives, it can give them the support they need as they adapt to life with their injury.
If you’ve suffered an injury due to a product defect in McAllen, San Antonio, Uvalde, Converse, or anywhere else in Texas, you may be entitled to significant compensation that can support you as you rebuild your life.
To book a free, no-obligation appointment with our team, call 855-LAW-NINJA, contact us online, or pop into our office.
It takes less than a minute to get in touch, and you can reach us 24/7.
You can reach us 24/7.
Veteran Law Firm Serving Veterans and Their Families with Honor
Available 24/7
Available 24/7
Fill out the form below or call us on
855-LAW-NINJA / 855-529-6465
