Houston Defective Products Attorney


Everyone has heard the stories of defective products that have harmed people.  From electric blankets that overheat and catch fire to laptop batteries that can explode.  Consumers are surrounded by more mechanical and electrical products than ever before.  Sometimes to cut corners or costs, companies start selling products without adequately testing them for safety.  It could be that during the testing, the company did not even consider certain scenarios.  Either way, if you or a loved one has been injured due to a product you purchased, then the manufacturer, distributor or even the seller may be held liable.

The Molina Law Firm has been representing injury victims for over 30 years helping them navigate the sometimes complex legal fight against corporations and ultimately insurance companies.  Remember that when you retain Attorney Rick Molina, you pay nothing up front and we only collect a percentage of the compensation you receive only when we have won your case.  Don’t go against the insurance carriers alone.  Attorney Rick Molina will aggressively represent you and fight on your behalf.  We have the knowledge, resources and experience to get you all the compensation for your loss, pain and suffering.

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We are here are ready to help.  If you have been involved in an accident with serious injuries, contact us for a free case evaluation.

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What constitutes a product defect?

There are two main types of product defects under federal law: design defects and manufacturing defects.  A design defect is a flaw in the original blueprint of the product that causes a hazard for users.  If a design defect is found then most likely all of the products manufactured will be defective and possibly dangerous.  To successfully file and win a design defect case that resulted in your injury, the plaintiff must prove:

  • that the design was unreasonably dangerous prior to production,
  • that the design defect could have been plausibly anticipated and
  • that the manufacturer had the option of a superior design that was economically feasible and would not alter the purpose of the original design

Manufacturing defects are flaws that are created in the process of manufacturing the product and not intended to be part of the design of the product.  This manufacturing defect could be found in small number of products or an entire manufacturing cycle depending on when the defect was found.  A manufacturer is liable for any manufacturing defects that results in faulty construction.  To win a case, the plaintiff needs to prove that the defect responsible for the injury was present when the product left the manufacturing facility.

If this seems complex, it is because it is.  To successfully file a defective product liability case, it is very important to retain legal counsel from an experienced personal injury attorney.

Types of Product Liability Lawsuits

The claimant must show that carelessness in the design or manufacture of the product led to his or her injuries. The injured party first must demonstrate that the defendant had a duty to sell a safe product. The consumer then must show that the defendant breached this duty. A “breach of duty” can be shown if the plaintiff can prove that the defendant knew or should have known that the product was defective. The plaintiff must also prove that the defective product caused their injuries.

In general, products liability cases are pursued under the theory of strict liability. With these claims, the injured party is only required to prove that a defect in a product exists and that an injury was sustained as a result. If a defect exists, the manufacturer may be strictly liable for any resulting damages, regardless of whether they exercised extreme caution and care when manufacturing the product.

When a good is sold, there are two warranties the buyer relies on: the express warranty and the implied warranty.

  • Express Warranty: Any representation about the product and its safety made by the manufacturer or retailer.
  • Implied Warranty: An implied promise by the manufacturer (or other liable party) that the product, if used as intended, will not cause any harm.

The breach of warranty cause of action covers any person who would reasonably be expected to use to product.

defective product lawsuit

Product Liability Statistics

Product liability claims are filed everyday.  Although there are several governmental agencies tasked with protecting consumers from harmful products on the market, it is usually left to consumer organizations to detect and follow up on defective products.  Some statistics include:

  • In 2014, 7% of all personal injury cases were product liability
  • Injuries caused by toys fluctuates wildly from year to year, in 1997 there were 141,000 in 2001 there were 255,000.  In 2006 there were 30,000
  • The average award in 2018 for a product liability claim was over $7 million

Free Consultation. No fees unless we win your case

We are here are ready to help.  If you have been involved in an accident with serious injuries, contact us for a free case evaluation.

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Frequently asked questions about bicycle accidents

There are many factors that contribute to how much you can expect to be compensated in a defective product claim.  When it comes to damages, they are in three broad categories:

  • Special Damages are those actual out of pocket expenses you are accruing such as medical bills, costs to repair your motorcycle or cost to replace your motorcycle in the event of total loss.
  • Compensatory Damages are intended to make the plaintiff “whole” again after the accident or injury. They can be split into two different categories: actual and general.
  • General Damages attempt to reimburse the plaintiff for losses that cannot be easily calculated, monetarily. These typically include the following: pain and suffering, mental anguish, medical expenses, value of future lost wages, loss of consortium and loss of life’s enjoyment.

Depending on your case, an injured consumer can seek damages and compensation from one or more liable parties that includes the complete chain of product development from the company who designed the product, to the manufacturers, distributors or retail outlets.  Typically, a personal injury attorney will include all parties involved in the chain of distribution as defendants in a defective product liability case.

Yes it is.  Food injury related cases has been on the rise lately as you can see from people getting sick eating anything from vegetables to meats.  There have been huge recalls related to illnesses that are food-borne.  Blue Bell Ice Cream, notably, went through a very rough patch when listeria was found in Blue Bell ice cream.

Cases in food poisoning and product liability can be tough since you have to connect your illness or injury to the food.  An experienced personal injury attorney can help.

Talk to Attorney Rick Molina Today!

When you have been involved in a product liability case, the damages may be significant and your injuries can be serious.  It is important that you hire an experienced personal injury attorney to represent you so that they can determine how much you have lost and get you compensated properly.  Attorney Rick Molina and the Molina Law Firm is here to help.  We will aggressively represent you by thoroughly investigating the case, gathering all pertinent information, determining present and future pain, suffering and loss then maximizing your compensation.

We work on a contingency basis so you pay us nothing up front and a percentage when we win your case.  We have helped hundreds of people over the past 30 years to get back on their feet after serious injuries and we can help you!

Houston Personal Injury Attorney Rick Molina