If you have a loved one that has been a victim of a dangerous product fatality, contact personal injury attorney Jerome Fjeld, PLLC today.
Did you know in the United States, the cost of dangerous products adds up to over $1 trillion every year?
I don’t know about you, but that is quite an expense for a country to carry the burden of, but it serves as proof that dangerous products continue to find their ways to market where they end up hurting many.
While we live in a technologically advanced world, this just creates the increase that one has for products that keep their lives going at the current pace of things. Unfortunately, the ultimate side effect is that products that are poorly designed or made seem to make their ways through the cracks.
When this happens, it can affect one on a wide scale, ranging from burns or choking accidents, all the way to being electrocuted or poisoned. Of course, there is a wide variety of product categories out there, but that does not change the scope of things when a product that you trusted has failed you.
The bottom line is that companies must be held responsible when they fail to release products that are safe for the public. This is why I have spent over 18 years standing firm protecting the rights of the victims I represented and refused to stand down until the outcome was the most ideal.
The Truth About Liability When It Comes to Dangerous Product Fatalities
Here in Texas, there are 2 different branches of legal regulations. Outlined for you below.
|The Consumer Product Safety Act (CPSA)||The Texas Deceptive Trade Practices Act (DTPA)|
|· Ensures that manufacturers stand behind warranties.||· Assures injured consumers receive due and just compensation.|
|· Makes sure companies have uniform safety standard procedures.||· Ensures the ban on dangerous products from being sold in Texas.|
|· Prevents dangerous and faulty products from being on shelves.||· Helps ensure legal regulations are upheld for dangerous products.|
|· Protects consumers against deceptive practices/scams.||· Prevents deceptive marketing practices from being used.|
|· Reliable safety research and testing are conducted continuously.||· Supervises the marketplace to minimize risks to consumers.|
On a federal level, the CPSA regulates the safety of consumer goods, products, and services. Serving a wide market that was previously unregulated until 1972, when this act received its final stamp of approval from the US government. When it comes to safety concerns and issues, this is the first approach that can be taken.
Now on a state level, for example like here in Texas, there are laws usually in place to protect consumers in cases where damages/injuries may have been caused directly by a product. When it comes to exactly what it covers, it can be anything including, but not limited to breach of warranties, lack of proper warnings provided by the manufacturer/retailer, and dangerous products in general.
Each location comes with its jurisdiction and sets of regulations when it comes to dangerous product laws, but this is a generalized overview of what you can expect. If you are unsure how to approach your dangerous product lawsuit, always reach out to reputable legal help from someone who specializes in dangerous product cases, as the initial consultations are usually free anyway.
I know, I have got many that yearn for those details.
No need to worry, I have you covered in this next section.
The 3 Types of Dangerous Product Lawsuits
When you boil down personal injury lawsuits, it falls into one of three categories. Formally known as dangerous product lawsuit types. To sum it up…
What are the 3 types of product defects?
1. Breach of Warranty – Any claims or impressions made by the retailer or manufacturer.
2. Negligence – Faulty product design that has led to one’s losses and/or injuries.
3. Strict Liability – When it is a general liability issue caused by a defective product.
Over the years of practicing law, I have noticed that many dangerous product lawsuits stem from cases with elements such as the ones listed below. There are others, but these are the most common.
|· Air Bag Defects||· Anti-Depressant Injuries||· Appliances & Electronics|
|· Auto Product Liability Cases||· Chemical Injuries||· Chemical Injuries from Pool Chemicals|
|· Child/Infant Products||· Child Seat Defects||· Crib Injuries|
|· Construction Equipment||· Consumer Products||· Dangerous Drugs|
|· Defective Bed Handles||· Defective Bicycles||· Defective Safety Harnesses/Lanyards|
|· Defective Products||· Design Defects||· Failed Medical Devices|
|· Faulty Ignition Switches||· Fireworks Accidents||· Hip Implant Injuries|
|· Lead Paint Exposure & Injury||· Malfunctioning Air Bags||· Manufacturing Defects|
|· Marketing Defects (Failure to Warn)||· Office Equipment||· Pharmaceutical Related Injuries|
|· Pool & Safety Act Violation Claims||· Pool Entrapment||· Power Steering Defects|
|· Product Recalls|
If you have lost a loved one due to any of the reasons above, or another type of damage from a dangerous product, call my law firm today at 713-572-6446 so that we can expedite your case. And maybe provoke a settlement offer being made to you that is honestly reasonable for the circumstances.
Filing a Wrongful Death Lawsuit for Dangerous Product Fatalities:
The RIGHT Way to Get It Handled Quickly & Simplistically
You could just throw your shoes on, head on down to the courthouse, and file a product fatality lawsuit yourself, but is that going to get you the best end-result? Probably not.
The only way to get the best results possible is to be an active participant in the field in which you are trying to claim a victory. An experienced personal injury attorney knows what it takes to construct and deliver a winning case for dangerous product fatalities. They also know what other parties are going to try to pull when it comes to minimizing the amount of liability they must compensate for.
Simply put, when you retain an attorney for a dangerous product fatality lawsuit, you harness their experience and skills in the courtroom to your advantage. It’s a lot better than a crapshoot, by far.
What It Entails/Means to Hire a Dangerous Product Fatality Lawyer
The best way I could lay it all out and save us all time was in the 3 parts below. Behold.
1. A Chance to Be Value-Driven & Selective in the Process
You get to choose who represents you and who is written off the list during your search for a reputable product fatality law firm, which gives you total control. Stick with those who have proven themselves both inside of the courtroom as well as outside of the courtroom.
You want an aggressive lawyer who is willing to do whatever it takes to deliver his clients the best outcome possible. Proven to go to trial and win the jury over if it comes to it.
2. Hands-Off Management of Legal Affairs: No More Worries!
When you hand over your case to a professional product fatality lawyer, they will handle all the legal affairs from there going forward. This provides you with the opportunity to spend your time doing the things that you need to be doing instead of dealing with a lawsuit. Think of it as “white-glove legal services” if you will.
3. The Nitty Gritty: How Much to Pay Your Fatality Attorney
When it comes to dangerous product lawsuits concerning a fatality-related incident, it is not uncommon for attorneys to work on what is formally known as a contingency agreement. To keep it simple, they require you to pay nothing out of pocket until the lawsuit plays out.
Now when the lawsuit does payout or you come to a settlement, your attorney will get the previously-agreed upon percentage for providing legal representation throughout the matter, and any other legal fees can be subtracted if required. While this seems like it would be a common approach, there are still instances where lawyers charge up-front for services.
Show up prepared, know what will help you solidify your lawsuit’s strength.
Having proof with you previously obtained that the death was a result of damage or injuries that resulted specifically from a product playing a role (whether knowingly or unknowingly). This can include but is not to be limited to medical bills/records, pictures/video, and a summary of what happened as well as any details to witnesses that could be relevant to the case.
You need professional legal help for dangerous product fatality cases.
That is the bottom line, beyond the shadow of a doubt…
Be Aware: Dangerous products tend to come from companies prepared for product issues like this to arise.
This means that they have a team of lawyers standing by to try and reduce how much it is going to end up costing their clients in the long run. They also know how to make a case lose its value, exploit weaknesses of those not legally educated, and persuade others to believe their stance is the right one.
It can be a cruel world, as I have seen for almost 20 years representing clients who have come to me with dangerous product lawsuits to be filed. It is another reason I have dedicated my career to ensuring the public has a fighting chance to get what is due to them. These companies need to pay, regardless.
Frequently Asked Questions About Product Fatalities
Here are the most common questions that come our way here at Bayou City Law when it comes to dangerous product fatality lawsuits. Have a different one? Contact us today!
Do I need a wrongful death lawyer for a dangerous product fatality?
It is the best way to go, but if you are dead set on not hiring a lawyer, you don’t have to. Keep in mind that these types of cases are more complex than other types of personal injury lawsuits. Considering that someone’s life was lost as the result of a dangerous product. For the best possible outcome and probability, a lawyer can bring a lot to the table to make it a valuable choice in the long run.
How long does it take to settle a product liability lawsuit?
In less common occurrences, I have seen product liability lawsuits last a couple (or even three) years at times. Most cases usually come to a settlement within the first 3-6 months, sometimes sooner where the case is clear-cut.
How does a wrongful death settlement work?
When the death of a loved one, including a child, parent, or spouse, is caused at the fault of someone else, a wrongful death suit can be filed. Adopted children are considered when the adoption has been legally documented properly.
Dependent on how many children, parents, and whether the one who lost their life had a spouse, the settlement amount will be distributed accordingly. If the person who passed away had no parents surviving them or children, their spouse would get the entire amount.