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产品责任律师in Houston, TX

(281)283-8500
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It’s frustrating when a product is defective in a benign way, but sometimes a product’s defect can be actively dangerous – causing serious injury.

克里斯特律师事务所认证

您每天使用产品。从您的食物中您的早餐到您驾驶的车辆上班,如果您使用的任何产品都没有尽可能安全地设计和创建,那么他们可能会导致伤害。由于产品缺陷或危险产品受伤,您可能有权追求赔偿伤害。这被称为产品责任索赔,可以基于许多责任理论。

产品责任案件众所周知。如果您认为,您因产品有缺陷的产品而受到伤害,请在KRIST LAW公司,P.C.联系我们的休斯顿产品责任律师。尽早。使用我们的在线表格或通话281-283-8500.安排您的咨询。

Types of Product Defects

在导致伤害和产品责任索赔的任何方式中,产品可能有缺陷和危险。但是,有三种总类型的缺陷:

  • 设计缺陷– If you believe the product that led to your injuries was defectively designed, you will need to show that the product is inherently dangerous when it is manufactured and used as intended. It is not that there was a fluke in the creation of the product. Instead, the defect arose during the design phase, and all of the products are made in a way that makes them dangerous for consumers.
  • 制造业缺陷- 当产品具有制造缺陷时,它意味着它是以不按照设计的方式创建或组装,并在按预期使用时使产品危险。在这种情况下,如果在设计时制造,产品不会危险。然而,制造过程中的错误创造了一个或多个产品会造成伤害的风险。
  • 未能警告– A product may have a warning defect if there is a risk of harm when the product is used as intended, or in a reasonably foreseeable unintended way, yet it does not have the necessary warnings to inform you or other users about this risk. This is common when a product is designed and manufactured as safely as possible, yet still poses a risk to users.

根据您的情况,您的法律团队可以专注于一种类型的缺陷或多重。造成伤害的产品可能以多种方式有缺陷。例如,可能已经过度设计并缺乏适当的警告。确定您受伤哪种类型的缺陷可能需要深入的调查和专家意见。我们可以帮助产品责任案件中涉及的复杂过程。

Common Product Liability Cases

任何产品都可以设计不当或制造。在没有适当的警告的情况下,甚至可以设计,创造和销售甚至看似无害的产品。但是,有某些通常导致产品责任案件的产品类型, 包含:

产品责任索赔的损害

If you were injured by a defective product, you may have the right to pursue damages through a product liability claim. Depending on a number of factors, you can seek compensation for your:

  • Current and future medical expenses
  • Loss of earning capacity
  • Physical limitations
  • Disfigurement
  • 身体疼痛
  • 精神痛苦

您也可能有权追究惩罚性赔偿金。这些旨在惩罚不法行为者,而不是为了赔偿你。惩罚性损害在产品责任声明中是罕见的,但如果您有证据表明另一方的故意恶意行为,它们可能会提供。

A Common Issue in Product Liability Cases: Comparative Negligence

When you claim a business is responsible for your injuries because it designed or manufactured a defective or dangerous product, you can expect that company to fight back. One of the most common ways businesses’ defend themselves against product liability claims is based on what is known as comparative or contributory negligence. They will claim that your own actions are a significant part or all of the reason you are hurt. If the other party successfully proves you are more than 50 percent responsible, you will be prohibited from recovering compensation.

Theories of Liability

Not every product liability claim is based on the same theory of liability, which is the legal reason why the other party is responsible for your injuries. This is one of the reasons why product liability claims are so complex. You may be able to bring a product liability suit on the basis that the other party is liable for compensating you one or more reasons.

责任理论是:

疏忽

这是最常见的一种liabili理论ty. You may argue that the other party is liable for compensating you because they acted in a way that was careless and unreasonable, or failed to act in a reasonable way, in light of the circumstances. Failing to uphold the appropriate standard of care is negligence. When this negligence results in your injuries, that party is responsible for making you whole again – or at least compensating you in an attempt to do so.

违反保修

被称为违反保修的责任理论是基于合同法,适用于另一方出售有缺陷或危险产品的情况。这种责任理论始于您与卖方之间存在明确或暗示的合同,卖方明确或隐含的承诺,该产品对其预期用途安全。通过证明该产品对其预期用途不安全,您可以建立卖方违反了这一承诺 - 他们违反了保修。

严格责任

Under the theories of negligence or breach of warranty, you are alleging the other party did something wrong. That is not the case under strict liability. In this type of case, you are not seeking to prove that the other party was careless, reckless, or acted in an intentionally harmful way. Instead, you are claiming the product was defective, the defect caused your injury, and the other party is responsible for the product and therefore your injuries.

产品责任法律程序

If you believe you were injured by a defective or dangerous product, contact a product liability attorney as soon as possible. These types of legal claims are complicated and require experienced attorneys and expert witnesses. Our trusted attorneys at The Krist Law Firm, P.C. will guide you through the legal process, including:

第1步 调查

您的法律团队将彻底调查伤势的原因,据称导致您伤害的产品以及您对产品责任索赔的支持的数额。

第2步 要求

Your attorney will make a demand to the at-fault party for compensation for your injuries. Experience with similar cases will help your attorney determine how much compensation should be requested. If you accept the insurance company’s first offer, it will likely not be enough to cover your expenses. However, if you request too much, the insurance company may ignore your demand and refuse to negotiate.

第3步 Negotiations

您的法律团队和故障党 - 或更有可能其保险公司 - 可以为您的伤害谈判适当的财务结算。如果可以达成协议,双方可能会提交多项优惠和要求,如果可以达成协议。

Step 4 Settlement

If you and the other parties are able to come to an agreement, you will receive a settlement in resolution of your claim.

Step 5 提交诉讼

If you are unable to reach an acceptable agreement, then you and your legal team may agree to move forward with a product liability lawsuit. The negotiation process may continue after a lawsuit is filed as well.

Step 6 发现

Once you file suit, you can expect to go through a rigorous discovery period, during which each side exchanges information. During this time you may also retain numerous expert witnesses who can provide information and evidence on your behalf.

Step 7 Trial

At trial, your legal team will fight hard to prove the other party’s responsibility on the basis of one or more theories of liability.

Step 8 判决

You will then receive a verdict from the judge or jury. The verdict will include whether the other party is responsible for your injuries, and if so, the amount of the compensation to which you are entitled.

Step 9 Appeal

If you lose at trial, you and your legal team can review whether there was a mistake of law made during the trial. If so, you may have the right to appeal the decision of the case to a higher court.

产品责任and Wrongful Death

如果您因产品有缺陷而丢失了配偶,父母或儿童,请立即联系我们。Decedent遗产的代表可能有权代表您和您的其他家庭成员提出错误的死亡索赔。

在本索赔中,代表可以追求:

  • 医疗费
  • Funeral and burial costs
  • 丧失家庭成员的财务贡献
  • 丧失家庭成员的关心,支持,维护,建议和律师
  • 丧失家庭成员的爱,陪伴和舒适
  • Loss of inheritance from that family member
  • 身体疼痛and mental anguish

斯科特C. Krist.
所有者和领导审判律师

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Let Our Houston Product Liability Lawyers Help You

If you were injured by a defective product or a dangerous product caused the death of a loved one, do not hesitate to call us at The Krist Law Firm, P.C. We have decades of experience helping individuals recover compensation for injuries caused by defective and dangerous products. We will tenaciously fight for you to receive the maximum compensation you deserve under the law.

Contact us online or call281-283-8500.to schedule a free, initial consultation.