Corpus Christi Defective Home Products Injury Attorneys
Many people do not give too much consideration to possible safety issues about a variety of different products they buy for their homes or children, with safety often being assumed by the fact that the product can be sold. In actuality, the safety of many conventional home products and children’s toys does not prove to be an issue until a defect is discovered only after a dangerous product has caused an injury.
When a person is involved in any kind of accident involving a dangerous or defective product, it can be extremely confusing for the victim to know how to proceed with recovering many of the different damages stemming from their accident. Some people will assume that they were to blame for not using products properly when their accidents were no fault of their own.
If you suffered serious injuries or your loved one was killed by a dangerous or defective home product in the greater Corpus Christi area, you will want to quickly retain legal counsel for help recovering all of the compensation that you are entitled to. Brunkenhoefer, P.C. Injury Attorneys handles all kinds of product liability cases for individuals all over Texas.
Our firm’s founder is a member of the Million Dollar Advocates Forum and Multi-Million Dollar Advocates Forum, to which fewer than 1 percent of practicing attorneys are members. You can have us assess all of your legal options when you call (361) 888-8808 or contact us online to schedule a free consultation.
Do I Need an Injury Lawyer?
When you or a loved one is injured by a dangerous or defective home product, you will probably have a product liability claim. You are going to need to prove that a product’s flaw was the cause of your injuries, and an attorney will be able to immediately help you be able to confirm this by conducting an independent investigation of your accident.
The lawyer will be able to determine the exact defect with a product and then ensure all liable parties are held fully accountable. When a dangerous or defective product injures you or a loved one, you should try to save whatever remains of the defective product in a safe place where it will be inaccessible to others and also keep all original packaging and any receipts.
An attorney is going to be able to pursue a just settlement to your case, but Brunkenhoefer, P.C. Injury Attorneys will not be afraid to take your case to trial when necessary. We will fight to make sure that you can get every last dollar that you need and deserve.
Why Choose Brunkenhoefer, P.C. Injury Attorneys To Handle My Case?
The first reason that you will want to pick Brunkenhoefer, P.C. Injury Attorneys to handle your defective home product or toy case is that we will do so on a contingency fee basis. In other words, you only pay when you receive a monetary award.
Robert “Blake” Brunkenhoefer has been practicing trial law since 1992. He has tried cases to verdict in state and federal courts throughout the country,
Mr. Brunkenhoefer is a member of the Texas Trial Lawyers Association, Hidalgo County Bar Association, and Texas Center for Legal Ethics. He has received an AV Preeminent Rating from Martindale-Hubbell, which denotes the highest level of professional excellence.
Mr. Brunkenhoefer was named a Texas Super Lawyer by Thompson Reuters in 2014 and 2015. He has more than two decades of legal experience.
Types of Home Products Injury Cases We Handle
There are many different kinds of essential home products that can be involved in accidents around the home. Some of the most common types of cases we handle include, but are not limited to:
- Foods and beverages
- Air conditioners
- Space heaters
- Washers and dryers
A product liability case will usually be based on the manufacturer’s product having either a design defect, a manufacturing defect, or a failure to warn. Some products may involve more than one of those types of product liability.
What is strict liability?
Strict liability is a legal standard under which a person can be held liable for their actions regardless of their negligence or intent. Product liability in Texas is a strict liability doctrine because a manufacturer of a dangerous or defective product could be held liable whenever a product injures consumers.
The doctrine of strict liability was largely established with the Supreme Court of California decision in Greenman v. Yuba Power Products, Inc., 59 Cal.2d 57 (1963), and it was only two years after that decision that section 402A of the Restatement (Second) of Torts was modified to include the requirements that for there to be liability, a product must be “unreasonably dangerous” as well as defective and the product “is expected to and does reach the consumer without substantial change in the condition in which it is sold.”
Texas Civil Practices and Remedies Code § 82.001(2) establishes that products liability action is defined as any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage allegedly caused by a defective product whether the action is based on strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories.
How long do I have to file a defective product liability lawsuit?
With product liability cases, a person typically has two years from the date of a cause of action (the accident that causes injuries) to file a product liability lawsuit.
There are certain exceptions provided for minors or people who are incapacitated, as they will usually have two years to file from the date they become able to file lawsuits.
The statute of limitations is only one concern in a product liability case, as these can also involve a statute of repose. The statute of repose relates to a date after which no claim can be filed, and the statute of repose for product liability claims in Texas holds that no person can recover damages caused by a product 15 years after the product was initially purchased.
What kinds of compensation can be obtained in a defective product liability lawsuit?
If a defective home product have injured you, you should know that the insurance company will try to resolve your case very quickly by offering you a lump sum settlement, usually before you have even had the chance to speak to an attorney.
These offers are usually a mere fraction of what victims are entitled to, so it is wise not to accept the offer they extend to you. A lawyer is going to be able to negotiate a far more fair and full settlement to your case.
When negotiations prove to be unproductive, the attorney can file a lawsuit to try your case in court. If you successfully prove the manufacturer’s liability by a preponderance of the evidence, you could be awarded many different kinds of damages. You could receive economic damages for actual costs you have incurred or will incur like:
- Medical bills
- Lost income from time off of work
- Loss of future earnings (if disabled)
- Rehabilitation costs
- Home modifications
- Property damage
You could also be awarded noneconomic damages that relate more to emotional or psychological harm such as:
- Pain and suffering
- Post-traumatic stress
- Loss of consortium
- Scarring, amputation, or disfigurement
Punitive damages are also possible in Texas, but are exceptionally rare on their own and even more rare in product liability cases.
Home Products Injury Statistics
The advocacy group Kids in Danger found in a February 2015 report that recalls of children’s products declined 34 percent in 2014 to 75, the lowest number of recalls since 2003 when there were 66 recalls. The 338 incidents reported before the 75 children’s product recalls was an average of almost five reported incidents before the recall, described as a “significant improvement” from 2013 when there was an average of 14 incidents reported before recalls.
According to the Insurance Information Institute (III), there were $2,689,115 in product liability insurance net premiums written in 2017, which was an increase of 11.0 from the $2,422,721 written in 2016. Dating back to 2008, the year with the highest net premium total was 2015 with $2,796,761 and the lowest was 2010 with $2,050,619.
Approximately 240,000 toy-related injuries were treated in emergency departments, and there were seven reports of toy-related deaths among children younger than 12 years of age in 2016 according to the United States Consumer Product Safety Commission (CPSC). The CPSC also reported 34 deaths associated with playground equipment being investigated between 2009 and 2014, with incidents including 19 hangings or other asphyxiations, 12 caused by second products, eight head or neck impact injuries, five slides, and five swings.
There were also 62,300 emergency department-treated injuries associated with nursery products among children younger than five years of age in 2016, according to the CPSC. There were also 284 deaths associated with nursery products among the same age group between 2012 and 2014.
According to the CPSC, there was an estimated average of 48 electrocution deaths associated with consumer products between 2010 and 2013. There was also an estimated 30,700 people treated in emergency departments every year for product instability or tip-over injuries from 2014 through 2016, and these injuries included 19,500 injuries associated with furniture, 10,100 associated with televisions, and 1,100 associated with appliances.
Contact a Home Products Injury Attorney in Corpus Christi
Did you sustain catastrophic injuries or was your loved one killed by a dangerous or defective home product in Corpus Christi or a surrounding area of Nueces County? Do not wait to contact Brunkenhoefer, P.C. Injury Attorneys to speak with a compassionate, qualified defective product attorney right away. We’ll help you understand your rights and options and will aggressively seek to hold the manufacturer accountable for harm they’ve caused you or your family.
Our firm is available 24 hours a day, seven days a week. Call (361) 888-8808 or contact us online to receive a free consultation.