How Product Liability Claims Are Handled Today
Products liability law in Houston and in the U.S. has its roots in 19th Century English law. The laws as many Houston product liability law firms know them today began with the iconic Winterbottom v. Wright case of 1842.
Mr. Winterbottom was a postal carrier who was severely injured when the mail coach he was driving collapsed due to shoddy workmanship. The maker of the coach, Mr. Wright, did not sell the coach directly to Mr. Winterbottom, but rather to the local postmaster, with whom he had a contract.
There was no contract between Mr. Winterbottom and Mr. Wright, and for that reason, the court dismissed the lawsuit. At that time, there was no such thing as product liability, so the only thing the court could rule on was whether there had been a breach of contract. So, since there was no contract, there could be no breach of contract.
The court argued that awarding Mr. Winterbottom compensation would open the door to many more lawsuits on the same basis.
If we were to hold that could sue in such a case, there is no point at which such actions could stop. The only safe rule is to confine the right to recover to those who enter in to the contract, wrote the British Lord who ruled on the case.
But that setback to modern product liability was eventually overcome.
The Importance Of Chlorine
The purpose of chlorine in swimming pools is basically to keep the water clean. Chlorine is commonly used to clean water even drinking water.
Chlorine is a popular choice as an anti-septic in water. Thats because it kills basically anything in the water thats alive. From harmful bacteria to just about any kind of algae, chlorine kills it all!
Of course, this is also why a chlorine imbalance in your pool can lead to problems. When you use too little chlorine, algae starts to grow freely in your pool water, causing the water to appear green and murky.
Q Can I Sue Product Manufactures And Sellers If An Adult Product Injured My Child
Product designers and sellers must make products safe for all foreseeable users. In many cases, this includes children likely to come into contact with the item. Potentially dangerous household products, from pain medication to detergent pods, should contain childproof caps to prevent accidental ingestion. When this isnt possible, manufacturers must generally provide clear warnings that parents should keep products away from children.
Manufacturers could bear liability for serious child injuries and deaths when they do not take these reasonable precautions. Even when they do provide warnings, sometimes this isnt enough. Products must also be safe for their intended use. Manufacturers cannot sell toys for young children while simultaneously warning parents about choking hazards.
Read Also: Tacklife Rechargeable Handheld Pool Vacuum
Contact Our Office Today To Speak With An Experienced Katy Personal Injury Law Firm
If youre searching for an insurance lawyer in Katy, Texas, look no further. Stewart J. Guss and his team have over 20 years of experience handling insurance accidents claims of all kinds. Whether you were in a car accident or a commercial slip and fall premises liability case, were here to help.
At Stewart J. Guss, Injury Accident Lawyers, we have dedicated ourselves to helping victims get the compensation they deserve. We are not afraid to take on large insurance companies that only care about their bottom line.
If you choose us to represent you, you pay us nothing unless were able to get you compensation for your injuries and other losses. Thats right: because we take all our personal injury cases on a contingency fee basis, you will not owe us a dime unless we win your case.
If you suffered an injury in Katy, there is no reason to go it alone. The legal team of Stewart J. Guss, Injury Accident Lawyers, is nationally recognized for protecting the rights of injured victims for more than 20 years. If you were injured in Katy, call now at 800-898-4877, submit your information for a free confidential case evaluation from a legal expert. Were available for you 24/7, 100% free.
When your health is at stake, dont take chances. Make choices. Choose our board-certified personal injury lawyers.
Dont Take Chances Let Us Help You!
Common Product Liability Cases In Sacramento Ca
The most common product liability cases stem from the following:
- Car Defects Faulty airbags, tires, seat belts, etc.
- Defective Kitchen Appliances Defective pressure cookers and other electric appliances that cause injury and property damage
- Industrial Equipment Improper safety gear, defective shut-off switches, lack of warning signs on machinery.
- Cranes Malfunctioning parts, missing components, broken safety latches, motion alarms not installed.
- Forklifts Collisions, Backing into people/objects, objects falling from forklifts causing injury or wrongful death.
- Scaffolding Electrical hazards, falling objects, unmaintained work surfaces.
- Medical Devices Defectively manufactured or marketed defibrillators, stents, implants, other medical devices.
- Pharmaceutical Drugs Undisclosed side effects, improperly labeled prescription drugs, defective manufactured drugs, etc.
Don’t Miss: Unclog Pool Lines
What Does A Product Liability Law Firm Do
What is a product liability lawyer? This is a type of lawyer that represents clients in cases involving defective products. Its important to work with an attorney because product liability cases can present a number of challenges. One of the most challenging parts of a product liability case is determining what type of defect caused the victims injuries. Its imperative to determine the type of defect in order to identify the liable parties in the case. To do this, an attorney may need to conduct a thorough investigation and call upon expert witnesses for their advice. After liability has been identified, the attorney will begin the process of negotiating with the defendant. Without an attorney, you may not know how to accurately value your claim or prove that youre entitled to compensation. Product liability attorneys are skilled negotiators who will aggressively fight to ensure that you receive the compensation that you deserve.
What You Should Know About Product Liability Claims
Defective product claims are quite complicated and require a unique skill set and knowledge base. Your product liability lawyer has to understand the mechanical issues concerning the product involved, the medical problems you’re experiencing and all relevant laws.
Fortunately, California has a very strict defective product law. Under California’s product liability statute, you must prove:
- The company you’re suing manufactured the product
- The product contained a defect
- You were harmed
- The defect played a substantial role in causing your harm
What’s notably lacking is any requirement that you prove the company acted maliciously or negligently in the design or construction of the product in question. It is usually sufficient to prove that there was a defect that hurt you, not that the defect was the result of negligence.
Read Also: Big Lots Pool Supplies
What Type Of Financial Compensation Can I Pursue After Being Injured By A Defective Product In Houston Texas
The circumstances that resulted in your Houston product liability injuries will dictate the types of compensation our lawyers will pursue on your behalf. Each defective product case is unique, and based on the product, so are the injuries, which can include broken bones, burns, electrocutions, and that can require life-long care.
The types of damages that may be pursued in a product liability case can include:
- Medical expenses
- Property damage that was caused by the defective product
- Pain and suffering endured as a result of the injury
- Punitive damages if the responsible partys conduct was grossly negligent
- Diminished quality of life
As a consumer, you expect the products you use to work properly not result in injuries that can change your life in seconds. You do not have to face the person, party, or company whose product caused your injuries alone.
Types Of Damages Awarded In A Product Liability Claim
One common question people have when considering taking legal action is the types of damages they can expect to be awarded in a fair product liability settlement.
Successful product liability settlements may involve the awarding of compensatory, general, and special damagesdepending on the scope of the case, the types of losses suffered, and the severity of the injury.
The types of damages awarded in a product liability case are as follows:
- Special Damages: Special damages can be awarded to plaintiffs to cover costs associated with the defective product. This can include medical bills, lost wages, product replacement, and any other resulting financial losses.
- Compensatory damages: Compensatory damages are awarded with the purpose of restoring an injured plaintiff to the condition they were in previous to their use of the defective product. These damages can account for both economic and non-economic losses, and are awarded via a sum that is deemed equivalent to the losses suffered.
- General Damages: General damages are a form of compensatory damages that refer specifically to the non-economic losses that can result from a defective product, such as:
- mental anguish
- loss of consortium
- projected expenses as a result of injury
These can be more difficult to calculate, but may nonetheless be considered when determining a fair settlement to cover or compensate for losses.
Read Also: How To Unclog Pool Pipes
Contact Franklin Law Firm Product Liability Lawyer In Dallas
The attorney you chose to handle your product liability claim can make a major difference in the outcome of your case. Anyone in Texas who has been injured by a product they have purchased should call the professional product liability representatives at The Franklin Law Firm in Dallas for a full free evaluation of your claim potential.
The Legal Theories Behind Products Liability Cases
The next step to making a successful products liability case is proving the elements involved in one of the following three legal theories.
- Negligence: The basis for this type of claim is like any other personal injury negligence claim. You must have an injury that a defective product caused. The products defect resulted from the product companys failure to follow its duty of care.
- Strict liability: In a strict liability case, there is no need to prove negligence. All that is necessary is a showing that the injury resulted from the product and the product was unchanged from purchase to use.
- Breach of warranty: In these cases, all one must prove is that the product did not meet the terms of an implied or express warranty.
When we meet with you in your free initial consultation, we carefully listen to your explanation of what happened and help you understand which legal strategy best applies in your case. We provide you with the information you need to make an informed decision about how to move forward with your claim.
Don’t Miss: How To Raise Free Chlorine In Salt Water Pool
Q Have You Successfully Recovered Damages In Texas Product Liability Cases
Paula Wyatt and her experienced San Antonio product liability lawyers obtained the following recent product liability verdicts/settlements:
- $9,726,995.16 for the family of a victim killed by a defective tire
- $9,076,736.13 for a child burned by a dangerous fan
- $2,017,348.85 after a malfunctioning smoke detector contributed to brain trauma
- $1,891,849.42 for burns caused by a defective Christmas tree
While results depend on the claimants specific losses, we fight to maximize compensation for injured clients and their families. Do not take on multinational corporations without the assistance of dedicated product injury lawyers.
How Are Product Liability Cases Different From Other Personal Injury Cases
Product liability cases involve making a claim or filing a lawsuit against the manufacturer of the product for making an unreasonably dangerous product or failing to warn of known dangers.
Product liability cases are extremely expensive to pursue because of the legal requirements and necessity for expert testimony. A personal injury lawyer will require substantial damages in order to consider a product liability case.
You May Like: Katy Pool Tile Cleaning
If I File A Personal Injury Lawsuit Does It Mean I Am Going To Court
Probably not! As we said, filing a personal injury lawsuit is a way to enforce your rights. Contrary to popular belief, it doesnt always end in a trial. In fact, the vast majority of personal injury lawsuits settle before a case ends up in a courtroom.
Still, experienced Katy personal injury lawyers know that you can never be certain a case will settle without a trial. Thats why the best lawyers always prepare as if the case will go in front of a judge and jury, and continually sharpen their skills to win. If it takes a trial to obtain fair compensation for an injured Katy personal injury victim, our lawyers are prepared for battle.
Proving Fault In A Product Liability Case
If you or a loved one has been injured due to a defective product, you may be eligible for compensation. However, product liability law is complex. It can be an intricate and complicated process to prove fault. Manufacturing companies generally have significant resources at their disposal to protect their interests. In such cases, an aggressive product liability lawyer can defend your rights and seek just compensation by proving third-party liability.
If you wish to learn more about your options regarding a product liability claim, Wenholz | Dow, P.C., Trial Lawyers can provide you with expert legal counsel. By closely examining your case, our attorneys will recommend the best course of action. Oftentimes, a satisfactory settlement can be obtained so you do not have to go to trial. However, if necessary, your attorney can represent you in a court of law and fight tirelessly to secure a positive verdict.
In liability law cases, compensation is dependent on a number of factors. However, if injury was sustained, you may be able to receive recompense for medical costs, loss of wages, and pain and suffering. In the unfortunate event that a loved one was killed by a dangerous consumer product, you may be eligible to receive compensation for funeral costs and pain and suffering.
You May Like: Will A Sand Filter Remove Iron From Pool Water
National Product Liability Lawyers
- Over $3 Billion Won for Our Clients
- Thousands of Lives Changed
Countless Americans are injured every year by unsafe products that were made and sold to the public without proper testing, safeguards or warnings. People affected by these unsafe products have the right to sue to recover lost wages, medical expenses or other financial compensation as the result of serious injury or even death.
There Is No Cost To Contact Our Product Liability Lawyers
If you have been injured because of a defective product, you need an experienced legal team on your side. With a strong record of success in helping injury victims get the compensation they deserve, our product liability lawyers have the skills to bring a successful case on your behalf.
Our practice operates on a contingency fee basis, which means you owe us nothing upfront and we do not get paid unless we recover a successful verdict or settlement for you. Do not wait to contact Janet, Janet & Suggs, LLC to schedule a free, no obligation consultation to learn more about your legal options.
Also Check: Costco Chlorine
Will The Pool Turn Green If I Don’t Add Chlorine
Believe it or not, I have seen this keyword search pop up more than once. There is a short answer: YES, IT WILL turn green if you don’t add chlorine. Pool water must have a sanitizer or something that will kill bacteria and algae. Algaecide alone without chlorine will not prevent the pool from turning green.
Tips For Preventing A Green Swimming Pool
Once you get rid of the green pool water, take the steps necessary to prevent a green swimming pool from happening again. Chances are you dont want to go through these steps again, they arent for the faint of heart!
Use these tips to prevent algae from building up in your pool again:
- Keep up With Pool Maintenance A clean pool means a lower risk of algae growth. Dont just skim your pool, scrub your pool walls and vacuum the floor at least weekly, especially if you notice light green pool water. This prevents the buildup of debris and algae and ensures you dont end up with green pool water.
- Stay on Top of the Filters Check your filter cartridge often. Is it clean residual residue and pool algae? Is it running properly? Water left to sit without filtering will easily build up algae. Check the filter for debris and clean it as often as necessary to ensure its running smoothly.
- Keep the pH Levels Stable Stay on top of your pools pH levels. Check them three times a week. Adjust the pH levels as necessary, keeping them within optimal range of 7.4 to 7.6.
- Check Chlorine Levels Always make sure your pool has the right amount of chlorine . Adjust accordingly to ensure your pool remains algae free.
- Cover Your Pool Its a pain, but always covering your pool limits algae growth. It keeps debris out of the pool when no one is using it. Plus, it keeps the hot sun out of the pool, which can encourage algae growth if the pool water temperature changes quickly.
You May Like: Aria Pool Las Vegas
Is Your Filter Running For Long Enough
If your pool pump is not running for long enough each day then it is possible that the water is not being filtered sufficiently enough allowing the water to become green.
You have to let the pool filter run for long enough each day to at least filter the total volume of the pool once. This often works out at around eight hours.
To work out how long yours should run for read my article How long should you run a pool pump