Product Liability Lawyers in San Antonio

Product liability refers to the legal obligation to ensure products are safe for consumers. If a product is defective and causes injury, the responsible party can be held accountable. The manufacturer is typically the liable party, but sellers can also be at fault if they alter a product in such a way that constitutes a defect, such as removing warning labels or instruction booklets warning end users of potential hazards.

A product warranty is a promise made by a manufacturer or seller regarding the quality and safety of a product. There are two types of warranties: express warranties, which are explicitly stated, and implied warranties, which are legally assumed even if not written down.

General liability insurance is a type of insurance available to companies. This type of policy protects businesses when a product liability claim is brought against them, covering:

• Personal injury costs, such as medical expenses and lost wages
• Property damage costs
• Funeral expenses when a product defect causes someone’s wrongful death.

Without general liability insurance, businesses face having to pay damages out of pocket, which can have a significant impact on their cash flow.

Unlike other types of insurance, such as car insurance, Texas law does not require businesses to have general liability insurance, but it is recommended.

Product liability and information liability are similar in that they both involve pursuing a lawsuit against a company for failing to provide a safe product. The key difference is that product liability refers to physical products — from household items and toys to medication and vehicles — while information liability concerns harm resulting from false or misleading information.

Several parties can be liable for a defective product, such as: 

• The designer
• The manufacturer
• The parts supplier
• The distributor
• The retailer.

A product defect can be introduced during any part of a product’s lifecycle, and if the defect causes you harm, a San Antonio product liability attorney can help you secure the compensation you deserve.

Strict liability is a legal concept that asserts that you do not have to prove negligence to recover compensation. It is enough that the product is defective. This differentiates product liability claims from other personal injury claims, such as a car accident lawsuit.

However, to meet the burden of proof, you must prove the defect exists and that it caused your injury, which is where a product liability claim can be challenging.

A defective product is one that has a flaw in its design, manufacturing, or labeling that makes it unreasonably dangerous to the user. This can include anything from a car with faulty brakes or a toy with small parts that pose a choking hazard to a medication with inadequate warnings about side effects.

Yes, you can sue a company for a defective product if the defect caused you injury. A successful lawsuit can help you recover compensation for medical expenses, lost wages, pain and suffering, and more.

Often, a company that has manufactured, designed, or sold a defective product will want to discuss a settlement. During this part of the personal injury process, the at-fault party will offer a sum to resolve the case and prevent legal action.

Keeping a product liability claim out of court can benefit all involved — going to trial is always a risk and can be costly and time-consuming. It can also be in the best interest of a company to settle, as settlements can be kept confidential. However, it’s vital to ensure that any settlement covers your financial losses and appropriately compensates you for your suffering, especially if you face a lifetime of pain or medical treatment because of your injuries.

Our product liability attorney in San Antonio is a seasoned negotiator who can secure the best result for you. If we believe you have a strong case and deserve much more for your injuries, we can also file a lawsuit and represent you in court.

At the Patino Law Firm, we work on a contingency fee basis, meaning we only get paid if we win your case. You won’t have to pay anything upfront, and you won’t owe us anything if we don’t recover compensation for you.

You can book a free, no-obligation case review with our product liability lawyer in San Antonio to see if you have a claim, understand how much compensation you might be entitled to, and determine whether we’re the right firm for you.

The statute of limitations for personal injury claims in Texas — including product liability claims — is two years from the date of your injury to file a claim. However, the sooner you act, the sooner your attorney can begin to gather evidence to support your claim.

You can recover several types of damages in a product liability claim, which include the following:

• Medical expenses: These include surgery, hospitalization, medication, and physical therapy or aids.
• Lost wages: Catastrophic injuries often result in victims being unable to work for years or even ever again. You’re also entitled to claim future losses as part of your claim.
• Emotional anguish: This refers to the psychological impact of an injury, such as when injuries caused by a product defect result in depression, anxiety, or post-traumatic stress disorder.
• Pain and suffering: This refers to the physical and emotional injuries product defect accident victims often suffer. An example might be experiencing chronic headaches (physical) and insomnia, as well as frustration (emotional) after a traumatic brain injury.
• Loss of consortium or companionship: These damages compensate spouses, domestic partners, parents, and children for the loss of companionship and affection of their loved one. This type of damages often applies in wrongful death cases, but you do not need to lose your loved one to recover this compensation. If your relationship with your loved one has irrevocably changed because of their injury — such as if they cannot communicate with you or you become their carer — you may be able to claim.

You can use our personal injury calculator to estimate how much you might receive in compensation. However, our product liability attorney can give you a more accurate estimate based on the facts of your case.

Some products are naturally more dangerous or prone to error than others. These can include the following:

• Pharmaceuticals, such as medication that becomes contaminated due to a lack of leak testing, or drugs that are approved by the Food and Drug Administration (FDA) but later found to be dangerous.
• Defective tools, such as saws, fans, drills, nail guns, angle grinders, and other power tools, can cause life-changing or even fatal injuries.
• Toxic food products or containers.
• Dangerous children’s products or toys that are a choking hazard, imbalanced (such that a heavy object might tip over and crush a child), or have sharp edges.
• Car parts such as brakes and airbags are commonly defective — millions of recalls happen across the country every year.

If a product defect has caused you or a loved one catastrophic injuries, you could be entitled to significant compensation. Our personal injury lawyers in San Antonio can help you get the settlement you deserve.