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PRODUCTS LIABILITY

Products Liability

Injury Lawyer in Beaumont, Texas

Get the real facts about products liability from Jonathan C. Juhan, Attorney At Law

Products liability cases can be filed when someone is injured due to a defective product. There are three categories of product defect: manufacture, design and/or warning. You need a local Board Certified injury trial attorney to handle these complex cases. Jonathan Juhan has been helping injured victims of Southeast Texas for more than 14 years.
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MANUFACTURING DEFECTS
The product is manufactured with defective parts, or is improperly assembled. An example: a vehicle with the wrong size or type brake pads crashes because it cannot stop.

Design defects

The product performs as intended, but causes injury because the design creates a dangerous condition. An example: a chainsaw with no guard over the chain, and flying debris injures the operator.
WARNING DEFECTS
The user of the product is not advised of a danger of the product. An example of this would be a toxic household product, which has no indication the substance is poisonous.

The law of products liability can be very confusing. When a person is injured while using a product, many people believe these are easy cases to win, when they are not. In order to collect money damages, much must be proved by your injury trial attorney.
PRESERVING THE PRODUCT
It is important to keep the product in a safe place, where the condition will not change from the time of the injury. This often adds significantly to the cost of handling the case. However, without the product itself, it is often impossible to prove the defect existed.
HARD TO PROVE
Products liability cases are hard to prove. To win, the injured party or Plaintiff must prove:

1. The Product was defective at the time it left the control of the Defendant
2. The Defect was a cause of the damages and injuries sustained by the injured person
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COMPARATIVE FAULT
In any personal injury lawsuit, a jury may find the injured person was negligent, and his/her conduct also caused the incident. In Texas, if the plaintiff and defendant are both negligent, the jury fines a percentage of fault for each party. If a plaintiff is more than 50% at fault, he cannot recover any damages. A finding of 50% or less fault on the part of a plaintiff will reduce the injured person's recovery by that percentage.
PUNITIVE DAMAGES
Punitive damages can be recovered if the defendant acted with "malice," which means the defendant either (1) intended to cause injury or (2) knew his conduct created an extreme risk of severe injury and acted with conscious indifference to that risk. Malice is very difficult to prove, and many punitive damage awards are reversed by courts of appeal.
EXPENSIVE TO LITIGATE
Litigation requires a significant investment of time and money. An injury trial attorney may spend many thousands of dollars preparing a case. These cases are expensive, so many products liability cases involving smaller injuries are not prosecuted in the Southeast Texas area.
STATUTE OF LIMITATIONS
Texas has a two (2) year statute of limitations in tort actions. All suits not filed by two (2) years from your date of injury (usually the date of the incident) are barred forever. Texas law also requires written notice of a claim must be given to governmental units, often within 90 days to six months of an event. Failure to give proper notice may result in a claim being lost. Limited exceptions to these rules may affect the rights of minors. However, these rules are extremely complex, and most of the deadlines are set in stone. Should you wish to pursue a products liability case, you should discuss these deadlines with an injury trial attorney.
CONTINGENT FEES
Lawyers should only handle these types of cases on a pure contingent fee basis. The injury trial attorney's fee is a percentage of the recovery (usually 33 1/3 to 40%), and no fees or expenses should be charged or collected unless your case is won or settled.

CALL FOR A FREE CONSULTATION WITH OUR EXPERIENCED PERSONAL INJURY ATTORNEY!

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