How Do I Sue a Company for a Faulty Product?

Suing a company for a faulty product may seem unusual, but each year, faulty and defective products, ranging from medical devices to toys, are linked to millions of injuries across the United States. Unfortunately, in many cases, consumers injured by these products do not truly understand their rights, including how to pursue compensation for their damages, such as medical bills, lost wages, and more.

In Texas, you are able to pursue and recover compensation if a company’s negligence has led to damages caused by a defective or faulty product. However, building a strong claim can be complicated. Product liability cases are notoriously complex, with multiple parties involved, highly technical rules and regulations, and aggressive insurance companies that will fight you at every turn.

At Patrick Daniel Law, we’re here to provide you with the legal support you need to level the playing field when suing a company for a defective product. Our Houston product liability attorney is Strategic. Meticulous. Merciless. in supporting those injured by defective products, especially those who have suffered catastrophic injuries due to a company’s negligence.

If you were injured by a defective product in Houston, Texas, or anywhere nationwide, please call us today at (713) 999-6666 for a FREE case evaluation.

Can You Sue a Company for a Defective Product?

Yes, according to Texas law, you have the right to pursue compensation from manufacturers, and potentially sellers, if you have been injured and suffered damages due to a defective or faulty product.

However, it’s important to recognize that every defective product claim is unique. Defects generally occur in one of three ways:

• Defective design
• Manufacturing defects
• Failure to warn

The first step when suing a company for a faulty product is to determine which type of defect applies. For example, if the product had a design defect, you must be able to provide proof of a safer alternative design.

There are also certain conditions that apply for inherently dangerous products, such as firearms or medications, that must be taken into account. In other words, while you certainly have the right to sue a company for a defective product, doing so typically requires a thorough investigation and a deep understanding of the laws and regulations surrounding product liability claims.

Who Can I Sue?

Beyond the different types of defects to be aware of, you must also take into account the various parties that could be held liable. These include:

• The Manufacturer: If the manufacturer designed or produced a product in a way that made it dangerous or failed to properly warn consumers of inherent dangers, they could be held liable for damages.
• The Seller: If a retailer, wholesaler, or distributor alters a product, improperly modifies warnings, misrepresents the product, or knows it has a defect, they may also be held responsible for any resulting damages.
• Parts Manufacturers: With many products, such as automobiles, numerous manufacturers are involved in producing the various components. If one of these manufacturers created the defect, then they may be held responsible.

As with the type of defect, determining who should be held responsible is a critical part of the process that will help determine how your claim should proceed.

What Are the 4 Things Needed To Prove Negligence?

In Texas and elsewhere, negligence claims typically require four things to be true:

• Duty: A party or parties owed you a duty of care.
• Breach: They neglected this duty in some way.
• Causation: This neglect directly led to injuries.
• Damages: These injuries led to damages.

To recover compensation, you must be able to prove that each of these is more likely than not to be true.

For example, if a product had a proven defect, but it’s not clear that the defect is what led to your injuries, then it will be difficult, if not impossible, to recover compensation. You must be able to prove the full chain of facts and events to establish liability.

How To Pursue a Defective Product Claim

The most important thing to keep in mind when building a claim is that the details are everything. Opinion and speculation will not win compensation; facts and evidence will.

As such, some of the critical steps in pursuing a product liability claim include:

• Preserving and documenting everything related to the product, your injuries, and treatment
• Performing a thorough investigation to determine how the defect occurred
• Filing your claim within the 2-year statute of limitations
• Calculating how much compensation you deserve for your damages
• Negotiating with insurance companies and, if necessary, filing a lawsuit to take your case to court

Generally, the first course of action should be to pursue a claim against the negligent party’s insurance company to recover compensation outside of the legal system. However, if the insurance company refuses to negotiate in good faith, suing the company for a faulty product may be the best way to recover compensation for your damages.

Is Suing a Company for a Faulty Product Worth It?

While there is often a good deal of work that goes into building a successful product liability claim, it’s important to recognize that it may be the only way to recover the compensation you need and deserve for your damages, including:

• Medical bills
• Lost wages
• Out-of-pocket expenses
• Pain & suffering
• Mental anguish
• And more

This is where an experienced product liability attorney can help by handling the heavy lifting of building your claim while giving you the insight and guidance needed to move forward with confidence.

What Does It Cost To Sue a Company?

The court and filing fees involved in suing companies are generally negligible. However, it’s important to understand how your lawyer’s fees work before you hire them.

Some key things to expect:

• Consultations should always be free. Be wary of lawyers who charge for them.
• Most personal injury attorneys, including the product liability lawyer at Patrick Daniel Law, work on a contingency fee basis, meaning you only pay for legal services if and when they recover compensation on your behalf.
• If they do recover compensation for you, either through settlement or lawsuit, expect their fees to be a percentage of your total compensation amount, which is usually 33% to 40%.

There may also be fees involved in hiring expert witnesses or discovery costs, but these needs vary on a case-by-case basis and are best discussed with your attorney.

Do I Need a Houston Product Liability Lawyer To File a Claim?

Product liability claims are some of the more complicated civil cases you can face. Beyond identifying the negligent party and establishing liability, you must also deal with insurance companies that will do whatever they can to limit how much compensation they pay out.

They may quickly offer you a settlement that is far less than you actually deserve or try to access your medical records to poke holes in your treatment. Too often, claimants without representation do not understand that they are not required to comply with these heavy-handed tactics.

That’s why working with experienced legal counsel can help you avoid these traps and ensure you pursue the compensation you need and deserve for your damages.

Contact Patrick Daniel Law Today for a FREE Consultation

At Patrick Daniel Law, we believe that any company putting profits over people should be held accountable when their negligence leads to serious injuries and damages. If you have suffered such an injury, we’re here to defend your rights and help you obtain the justice you deserve.

We always offer FREE case evaluations and only charge for our services when we recover compensation. Contact us today to get started. We can review the details of your product liability claim and develop a strategy for moving forward. Suing a company for a faulty product isn’t as daunting when you have a skilled legal team on your side.