Denton Product Defect Attorney

Product Liability Lawyers Protect Those Injured by Defective Products

Not every product we use works as it should. And people can be injured when they use a defective product. Sadly, it is becoming more of a common occurrence than in years past. If this has happened to you or someone you love, you have the right to file a product liability lawsuit against the product's manufacturer.

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But the best way to win your suit is with the help of a Denton product defect attorney with Grossman Law Office. This is because you need an experienced legal advocate if you have any expectation of winning the fair damage compensation you deserve.

Federal laws clearly require companies that design and manufacture products to exercise the highest diligence to make certain that every product they sell is safe for the public, regardless of whether it is created for consumers or is an industrial product. If you and your attorney can prove the product that injured you is defective or otherwise unsafe in any form of use, then it is up to you to file a civil suit seeking compensation if you can prove your injuries and subsequent financial damages against the manufacturer.

There are two types of product liability cases. The first one is designed to prove actual negligence by the manufacturer in the way the product was designed or built. The other involves a term called strict liability, which basically means that the product had no business being manufactured or sold to an unsuspecting market.

Determining Which Negligence-Based Product Liability Claim Applies is the First Step in Filing Your Case

Understanding a negligence product liability lawsuit is pretty clear-cut. But deciding which legal road to take is seldom so simple. A manufacturer can be negligent either in the way a product was designed, or how it was manufactured. And occasionally, both might apply. Deciding which of these two broad areas of the manufacturing process is responsible for the failure of the product is important. And assessing product failure responsibility calls for a very thorough investigation, as well as a lot of research on the part of your Denton defective product attorney. But once a manufacturer is found to be legally liable in either the design or construction of the product, those who are injured by it must be compensated for their damages, which can include medical bills, pain, suffering, disability and replacement of any property that was damaged or destroyed by the defective product.

When a manufactured good is improperly designed, often the reasons involve a certain disregard for the consumer's safety when the product is used as it was intended. Maybe some protective eyewear did not include proper thickness to account for the types of objects that it must guard the user's eyes from, possibly causing it to shatter and damage the user's eyes and face. In such a case, the eyewear may have been manufactured properly. But the manner in which it was designed for the intended use was not taken into proper account. Then the manufacturer was neglectful in designing the protective eyewear and can be held liable for any and all damages to the wearer when it is used in the normally intended manner.

But what if a product is designed properly, but still injures the user? The way the product was manufactured then receives the focus of the investigation. In today's global economy, and in order to remain as competitive as possible, manufacturers are presented with many opportunities to cut corners in order to lower their costs (and raise their profits). Their margins are perilously thin to begin with. Saving even a half cent per-manufactured unit can make a difference between profit and loss if a million units of anything are produced (in this case, a total savings of $5,000). It's a big temptation for manufacturers to lower costs by using less-durable materials or cut corners in the way they assemble the product. Maybe they have employees who don't know their job as well as they should. Or maybe uncertified workers are allowed to operate complicated manufacturing machinery because it means they are paid a much lower wage than an employee who is certified to operate these manufacturing devices. But they're apt to make mistakes during assembly; mistakes that lead to defective product injuries.

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Regardless of the reason, whether there is negligence in the product's design, or the way it was assembled, the manufacturer is legally liable for injuries resulting from normal use of an unsafe product. Proving your damage case, however, is an altogether different matter. And that is very difficult to do without an experienced Denton product liability lawyer.

If the Public is Not Properly Warned of a Defective Product, Negligence can Also be Proven

But there's another way in which manufacturer negligence can be proven when it comes to product liability. They can be just as careless when they don't fulfill their legal responsibility to warn those who buy their products of the possible risks that can be connected to that product. Failure to inform the public of defective products also makes them responsible for damages when people are injured through normal use of their goods.

There's a reason why product manufacturers seem to be falling all over themselves to warn their customers of the possible dangers of using their products with greater frequency today than before. One example can be found in drug companies' television commercials. Lately, the seem to be devoting more time on disclaimers than the benefits of their magical elixirs, even if the words you hear seem to run contrary to the happy healthy people you see on the screen. Another example is the large amount of fine print at the bottom of advertisements in magazines and newspapers that again warn of the possible dangers associated with their products. And then there are those fast-talking announcers, who you can barely understand, in the last five seconds of a radio commercial incomprehensibly warning you of possible dangers (or other disclaimers) that might hopefully release the manufacturer of liability if their product is not used properly. These are all instances of manufacturers (and some product distributors) meeting their legal responsibility to warn customers of the risks associated with their product, even if the letter of the laws that govern such warnings are met more than the actual spirit to which the laws intent.

Also, American markets are being flooded with foreign goods. And though those foreign manufacturers are not subject to US defective product laws, the American companies that market and distribute them are. So if one of those products is found to be defective, the domestic company that sells them is liable for any injuries those foreign products cause to American consumers.

Be that as it may, it's safe to assume that all of these companies have learned, the hard way, either by the experiences of others, or first-hand, that they must warn their customers of any conceivable dangers that might result from the use of their products.

Strict Liability Claims: or "What Were We THINKING When We Decided to Make That?"

Sometimes a manufacturer is diligent when designing and assembling a product. But once it hits the market it becomes all too clear that the device was simply a bad idea to begin with. This often comes about when news reached the manufacturer that some people end up using it improperly or in a in a way they never intended it to be used. And because it's used in other "imaginative" ways the manufacturer did not foresee, injuries occur. In the early 60's, manufacturers of roller skates never thought that enterprising youngsters would nail them to pieces of plywood and create skateboards. And when children started getting hurt, roller skate manufacturers found themselves being sued. But they re-tooled and started making skateboards, along with reams of disclaimers stating that daredevil kids bought and used the devices at their own risk.

But a new industry was born, and also created a legal term, "acceptance of risk disclaimers." And though part of that story is beside the point, it does underscore that fact that even if a manufacturer issues a recall, it is still legally responsible for their products, even if they might be reasonably modified for use in a way not intended or foreseen. And another thing that was learned in the roller state incidents: product recall is not a shield from liability for damages suffered by those who are injured when using a product, whether it's defective or not. So those who are injured can be awarded damages through a strict liability claim.

Another well-known example of a product that fell under strict liability guidelines occurred when a company manufactured and sold a game called "Lawn Darts." The object of this outdoor game was for players to throw large darts that looked harmless enough, but for their sharp pointed metal ends, across a lawn toward some target on the ground. But it doesn't take a genius to see that these game pieces could easily become missiles of tragedy if they're used improperly, or the players aren't paying attention when one is zeroing in on them: accidently or otherwise. And even though the manufacturer quickly issued a recall and then changed the front end of the darts from a sharp pointed edge to a large suction cup, it didn't relieve them of responsibility for damages from injuries that arose from this "game."

Both of these stories are ideal examples of a product that's designed and manufactured properly, but is still a danger to the public because it was ill-conceived, regardless of how it is used. And both underscore how an experienced Denton product defect attorney can apply a strict liability claim when a product is patently unsafe, even if it is designed and manufactured properly.

The product liability attorneys with Grossman Law Office understand the nuances of product liability law and the way they are applied to each specific case. We can quickly determine the best choice among several legal options that are open to you if you are considering a product liability lawsuit and have true grounds to bring such a suit. We will thoroughly investigate the matter and fight for your right to be fairly compensated for injuries suffered when it turns out you have used a dangerous product and assumed it was safe.

Class Action Product Liability Suits: We Represent You, Not Someone in Some Far Away State

These days, if you watch any television at all, you can't avoid seeing some of the many lawyer commercials who are "trolling for clients" who might have been hurt because of some substandard product. But if you take time to read some of the fine print at the end of the commercial, you will note that the lawyer you are supposed to call is in California or New Jersey or some other state far from your home in North Texas.

This is likely a commercial in the interest of some class action product liability lawsuit. A class action suit is just what it sounds like. It involves a "class" of people, in this case, those who have suffered an injury of either the same type, or at the hands of the same manufacturer, and suing that manufacturer as a group. Class action suits have their advantages in some states because a large "class" of plaintiffs often gets to go to the front of the line when it comes to filing their case and being placed higher on the court's docket. Then, when the class wins (or their lawyers have settled) they get to take a fair piece of a very large monetary compensation package. Some class action suits have produced eight and even nine figure injury awards. A class action suit can be a remedy for you, if you can find enough people who have suffered the same injuries or have the same manufacturer in their cross hairs. But it's not easy money. Nor is it one of those situations where you just get on the filing list, hoping to get a nice payday when it's all over.

The law firm who produced and aired the commercial will often recruit a firm or two in each state where the commercial appears, because that lawyer is not licensed in that state. Many times, these "front" attorneys in each individual state do almost no work when it comes to preparing the case, but still get a nice fee to do little more than "client intake" work. The way we see it, such firms are really getting nothing more than a sales commission, not actual legal fees. All that these intake firms do is interview prospective plaintiffs to the class action suit, fill out forms, maybe take a deposition or two and get a cut of the legal fees for their minimal contribution to the class action lawsuit.

We've been approached by many out of state class action firms quite a few times. But we decline all overtures unless we do real legal work on behalf of OUR clients that we take on the case's behalf. Short of that, we don't bird-dog for other law firms. There are synergistic elements to class action lawsuits that can make them very satisfying to the law firms that are truly involved and not just pushing papers (and clients) up someone else's line. We also believe this kind of "faux legal representation" is not always ethical. Sometimes the out of state attorney-of-record might have the sort of reputation we are uncomfortable with. And we are all judged by the company we keep.

We have enough experience by ourselves to handle a class action product liability suit. And we have been the attorneys of record in class action suits in the past, when it was appropriate. But we prefer to be the primary counsel of record. Who knows? With the help of a Denton defective product attorney with Grossman Law Office, your product liability case might be the first wave of what could become a class action suit. We want you to know you will never be someone else's number to us. So if you see a commercial for an out-of-state lawyer, think of what you might be getting yourself into and call someone local. It's always your best bet.

An Experienced Denton Product Liability Lawyer Protects You From Powerful Opposing Forces

Would you be surprised if we told you that those who pursue a product liability claim without competent legal counsel, or worse, without any attorney at all have very poor prospects of successfully winning damages from defective product manufacturers? Probably not.

Those who choose such a course end up getting stuck. This is because you will find yourself opposed by the defendant manufacturer who's worried about the impact of your lawsuit on his already razor-thin profit margins. The manufacturer (or distributor if the product is of foreign origin) will be represented by a courtroom full of excellent attorneys. But behind the scenes is the manufacturer's insurance company who is helping them because the insurance carrier is the one that will likely be stuck with the bill. And all work together to deny you damages.

The opposing attorneys use every trick they can think of to convince a jury that your lawsuit has no merit. And if they fail with that tactic, they'll then claim that the damages you seek are excessive and unreasonable. And somewhere in there they'll accuse you of frivolous civil action against them and wasting everyone's time. They also do everything they can to delay your day in court with mountains of motions and other arguments in hopes of delaying the inevitable trial, while at the same time offering you so insulating a settlement amount that it couldn't possibly pay all your damages, pain and suffering the defective product has caused you or someone in your family; maybe even your small child.

And sometimes these manufacturers, lawyers and insurance companies KNOW a product is unsafe but decided it was easier to pay a few substandard insurance claims than change their ways. But that still doesn't stop them from trying to frustrate you at every turn. If you fight them alone, or with an attorney who is not well-versed in product liability law, you do it at your and your family's peril.

And if you're thinking about taking up the offer of a relative or friend who is a lawyer to represent you, you might want to seriously reconsider that idea. For even though he or she might be looking out for your best interests and pledge to fight hard for your rights in a defective product case, unless this person is an experienced at beating defective product manufacturers and their insurance companies, your attorney's good intentions might result in your side taking a knife to a gunfight. And you only get one chance to collect damages. There are no do-overs.

Often, your poorly-selected lawyer might have a difficult time emotionally detaching him or herself from issues surrounding your case because of that personal association. Personal injury law is quite intense and extremely contentious. Your attorney must be pragmatic and focus solely on the facts of a case in what will certainly be a pressure-packed situation. What happens if that friend or relative attorney doesn't win the case, or accepts a less-than-fair settlement out of either ignorance or because he's thinking with something other than his brain when you need that the most? How will you feel about your friend of relative then? You will be very wise to keep your family members and friends out of your legal business when deciding who will represent your defective product liability lawsuit most effectively.

The Product Liability Lawyers of Grossman Law Offices are Prepared to Help You

Denton defective product attorney Michael Grossman and his associates at Grossman Law Office have helped many people who have been hurt by unsafe and defective products for more than 20 years. We know all the ways in which manufacturers and their attorneys try to prevent you from collecting the damages you deserve, once we understand that your injury justifies bringing such a liability claim.

Do you have a legal question?
Enter your phone number below and let's talk.
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We thoroughly investigate every case and make it as strong as possible. We are dedicated to helping you recover, physically and financially, by getting the largest, and fairest, damage award possible. Our North Texas product liability lawyers have a long and successful track record of representing our clients in court, as well as negotiating fair damage settlements without the need to litigate. And because most of these opposing lawyers (and their insurance companies) know us, our ability to develop strong cases and our reputation for aggressively representing our clients in court, many prefer to settle for a fair compensation amount than take us on in a courtroom.

If you suspect you have been injured by a defective product, contact a Texarkana product defect attorney at Grossman Law Office, toll-free at 1-855-262-0404. If you prefer, send us an email, or fill out the contact form at the top of this page.

We encourage you to ask any and every question you can think of so you'll completely understand defective product injury law, and how your case might best be pursued. We also encourage you to talk to several other law firms as well. The more of those you speak with, the more comfortable you will become with us. We can provide you with all of the legal leverage you need to force manufacturers of dangerous products to be responsible for their actions and compensate you fairly for the injuries that their products have caused you.

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