We Have Product Liability Attorneys

Dealing with Harmful or Defective Products Nationwide

What Is Product Liability?

A product liability claim refers to a legal action taken by an individual or group of individuals against a manufacturer, distributor, or seller of a product. These consumers believe they have experienced an injury or suffered severe mental or physical damage from a product due to its defective design, manufacturing flaws, or poor marketing. They believe the defect directly led to the injury or damage suffered.  If you or a loved one needs to file a personal injury lawsuit due to a defective medical device or other product, you need the best product liability lawyers at your side. At Fleming, Nolen, and Jez, we have a combined 180 years of experience fighting for clients dealing with personal injury claims. Our aggressive and creative approach to representation can help you in your time of need.

Product Liability lawsuits would also include cases against defective pharmaceutical drugs and medications.

Consumers Have Rights

Consumers have a right to know the products they purchase are safe for use and free from defects. Any risks associated with products should be clearly indicated on the packaging or label. When these conditions are not met, laws provide protection for consumers, allowing them to pursue legal action against predatory or negligent companies. A product liability case can be filed against a variety of parties involved in the manufacturing and/or sale of a dangerous item. Defendants in a case may include the main manufacturer, the assembling manufacturer, the wholesaler or the retail store owner.

If you’ve been injured by a defective product, consumer and product liability laws protect your interests and safety. Reach out to Fleming, Nolen, and Jez to discuss your case and find out why our personal injury lawyers based in Houston, TX are the best choice to represent you.

Types of Product Defects

We have handled thousands of defective product cases that have involved a variety of dangerous design defects, manufacturing defects and marketing defects. Regarding product defects, there are three main categories:

  • Design Defects

    These problems occur with the product's design. To prove this type of product liability claim, your personal injury attorney must show that a safer alternative in the design must have been possible at the time the product was made[1].

  • Manufacturing Defects

    This type of defect occurs with machinery issues, bad materials, and negligent assembly of a product. In Texas statutes, a manufacturer can be any number of people involved in the creation or building process, including the product's constructor, producer, fabricator, processor, or assembler[2].

  • Marketing Defects

    Even if each component of a product is made correctly and assembled, inadequate instructions or misleading information on packaging can create liability for a defective product. Sellers are usually exempt from liability in cases involving product liability, but there are circumstances in which they may be held responsible. If the seller of a product participated in the design, altered or modified the product, installed the product, or controlled the labeling or instructions of the product, they could face liability if any of those actions are shown to have caused an injury[3].

  1. [1] Texas Civil Practice and Remedies Code. https://statutes.capitol.texas.gov/Docs/CP/htm/CP.82.htm
  2. [2] Ibid.
  3. [3] Ibid.

Common Product Liability Cases

Defective products are often unavoidable, as you will likely not know of their dangers until it is too late. They can cause injury or harm even after one use, which is why product liability cases are important to establish to recover compensation. While almost anything can be faulty and cause injury, some of the more common cases include:

cpap machines product liability

 

Prescription and Over-the-Counter Medications

Far too often, medications are approved for use and later found to be unsafe, sometimes after being used by consumers for years or even decades. Birth control pills, acid reflux medications, testosterone supplements, and many other prescription drugs have dangerous side effects that cause long-lasting harm. Over-the-counter medications are not required to go through as rigorous of procedures as prescriptions, yet they can be just as harmful to the public.

Medical Devices

Despite approval by the Food and Drug Administration, some medical devices are found to cause adverse side effects or severe harm. Devices such as hernia and vaginal meshes, IVC filters, breast implants, and specific knee and hip replacements have been known to create additional health problems for patients.

Doctors and other medical professionals responsible for the implantation of these devices may also cause harm to their patients.

A product liability lawyer in Houston can help you file a personal injury claim if you’ve suffered injury or complications from a faulty medical device. We believe you have the right to be protected from disproportionately dangerous medical devices and notified of the risks you may face from these products. Our personal injury lawyers will fiercely advocate for you in your product liability lawsuit.

Vehicle Parts

Automobiles have the ability to cause serious harm if any of their many parts malfunction. Fault can lie with the parts manufacturers, vehicle manufacturers, or even a mechanic servicing the vehicle. Drivers rely on their car’s brakes, fuel systems, tires, airbags, electronic parts, and every other aspect to work properly. When anyone of these vital systems fails, it can lead to devastating injury from a car cash.

 

Defective Machinery Equipment

Workers injured while using defective equipment or machinery have every right to hold manufacturers accountable for their injuries, lost wages, medical expenses and pain and suffering. Whether you are an employee injured in an industrial accident or a family member of a worker injured on a construction site, our legal team will put our experience  and skill to work for you.

 

Exposure to Harmful Chemicals in Products

In some product liability cases workers were exposed to harmful chemicals present within the environments they were in (like with Camp Lejeune or with Chemical Plants) or the products they used (like firefighter foam). These chemicals could have been used during the manufacturing process or have appeared in the products due to contamination. 

Do You Have a Potential Case or Question?

At Fleming, Nolen & Jez, our personal injury lawyers have dedicated their careers to fighting for the rights of injured victims throughout the United States. If you were seriously injured through the negligence or wrongdoing of a company or another person, you may be able to file a lawsuit to secure the compensation you deserve. Contact us today to speak with a member of our team to review your case information.