3 Things That Can Ruin Your Case
Who is Liable?
Determining Value in a Products Liability Case
Cost to Pursue a Case
Where Should You File? – County or Federal Court
Tire Defects/ Rollovers
Houston Products Liability Lawyer
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We Have Been Winning Defective Products Liability Cases For Over 20 Years
Houston Texas defective product attorney
Since the founding of Our Law Offices in 1990, our Houston injury attorneys have been helping those injured due to another’s negligence. This article is intended to explain products liability law, highlight some of our successes, and demonstrate how the attorneys at Our Law Office should be your first choice to represent you in your Houston-area product liability claim.
How Do Product Liability Cases Work?
Product liability laws are generally all-encompassing in order to provide potential plaintiffs with all avenues of recovery to ensure that they receive the compensation that they deserve as a result of their injury. When an individual brings a product liability suit, all parties that are part of the chain of distribution will be considered potentially liable. Parties that are considered a part of the chain of distribution are all parties that had some level of involvement with the product from the design, to the sale of the product. This would include any manufacturers, sellers, delivery agencies, and all other similar parties. The thought process behind holding all these parties liable is that it is the responsibility of all parties to ensure that a safe product is being sold.
When you are pursuing a product liability cause of action there are generally two different avenues you will pursue, either a wrongful death claim or an injury claim that arose out of the defective product. Each of these types of injuries will have different recovery options. When you are dealing with a wrongful death cause of action you will typically be seeking reparation for the lost assets the deceased individual would have provided absent the death. These types of assets include loss of income. You will also seek monetary relief for your emotional losses as well as any medical expenses that your loved one may have incurred arising from the defective product injury prior to their death. An injury claim will seek relief for lost wages you may have had to incur from any absence from work. Other payments will be for pain and suffering and medical bills as well among other recoverable damages.
Our Law Offices have handled a multitude of very diverse cases in the product liability context. We have a history of success in these types of cases, whether they are defective medicine, tires, vehicles, toys, or even boats. A few highlights of our past successes: our ability to win a case where a woman suffered injuries to her back and broke several bones as a result of a defective throttle assembly in a boat. Another case where we were successful was where our client was injured while walking through a public park when a nearby bird-feeder burst into flames. We have also won cases for auto defects and many other different product liability causes of action. There isn’t a product liability case that we are not prepared to handle.
Why Experience is Necessary
Experience matters in several different trains of thought. You want an attorney that has been successful in these types of cases because they will know what to do, and how to present your evidence in the best possible light for you.
Most cases will never see the inside of a court room, the settlement offers that you will receive will not only be based upon the quality of your case but mostly on the defendant’s belief in their likelihood of winning the case at trial. Defense lawyers know that any case we represent will not be an easy victory in trial, and they are more likely to avoid trial be increasing their offers.
If you or a loved one has been injured as a result of a defective or faulty product, know that you have rights. The attorneys at Our Law Offices are here to help you get the results that you are seeking. We have handled a multitude of different cases just like yours and may be able to help you recover as well. To discuss your recovery options with us call us; you will be glad you did.
3 Things That Can Ruin Your Product Liability Case
Houston Personal Injury Lawyers » 3 Things That Can Ruin Your Product Liability Case
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Steps to Take and Things to Avoid in Order to Preserve the Value of Your Products Liability Case
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All personal injury matters are a process, not an event. You cannot simply make accusations that a product was defective and be compensated for your damages. With the assistance of a qualified attorney you must effectively prove that the product was defective, the manufacturer is liable, and that this defect was the proximate cause of your injuries. There are many things that you must do to have a successful product liability claim, but here are a few things that can ruin you case: disposing of the product, waiting too long to pursue the claim, and hiring the wrong law firm.
Disposing of Product
When a manufacturer produces a product or a drug, they typically make thousands or even millions of these products. In some product liability cases, all examples of a particular product are defective. In this situation everyone who owns this defective product could potentially be hurt and each person who is injured by the product will suffer the same affects. If you own or possess that particular faulty product then it is presumed that you will suffer the same affects as anyone else. However, a lot of other products fail on an individual basis; therefore you need to possess this particular product to prove that it was defective.
In cases where we need the distinct product which was defective, the product itself cannot be disposed of before the case ever goes to trial. Our attorneys are skilled and practiced in protecting evidence which is the foundation of your claim. For instance, we have litigated defective auto cases which require the vehicle to be put in storage through the duration of the case. This allows us to properly preserve the evidence, prove that it has not been tampered with, and allows us to use the evidence at our disposal. If you mistakenly dispose of the defective product, or allow it to become altered in any way, the basis for your entire claim could be destroyed.
Waiting Too Long to Pursue the Claim
If you wait too long to pursue the claim, you run the risk of not having all the evidence necessary to prove your case. Many prospective clients have waited too long to hire anyone and by the time they called us, all the evidence had already been completely eradicated. As mentioned above, many product liability claims revolve around one specific piece of evidence. By waiting to file a claim against the manufacturer, the evidence can easily be destroyed or lost.
Additionally, victims can wait too long to file a product liability claim and the statute of limitations can expire. You are allowed a very narrow amount of time to file your personal injury or wrongful death claim. Once this time passes, you are completely barred from filing suit. Many people wait too long to file their product liability lawsuit and ultimately receive nothing because the statute of limitations has passed. But here’s the tricky part. Not everyone can intuitively identify when their statute of limitations begins, so they may very well think that their two years has not run out, but they are basing this on the wrong starting date.
Hiring the Wrong Law Firm
Product liability cases generally involve severe life-threatening injuries and the defendant typically will have many assets. Therefore, a lot of attorneys will see these cases as a payday, but most law firms are ill equipped to take the necessary steps to get to that point. In other words, some firms want the case but they don’t have the means to actually work the case properly. There are numerous reasons why a law firm may be ill equipped to handle your claim:
They do not understand how or where to file a product liability lawsuit.
They do not have the necessary connections to prove your injury.
They do not have the necessary resources to execute your claim.
Many law firms are not qualified to handle your product liability claim because they do not know how to handle such a complex lawsuit. Product liability claims involve being proficient with intricate details of the defective product and the resulting accident. Furthermore, not every law firm has attorneys which are licensed to practice in both state and federal courts. Many product liability claims must be filed in federal court and many attorneys are simply not licensed for federal court. Our Law Offices have attorneys who are licensed to practice in both state and federal court and we are very familiar with handling such complex claims.
Our Law Offices have a great deal of connections which are necessary in the success of your claim. Proving a product liability injury often requires numerous expert witnesses and scientists who are capable of recreating the accident. Without these invaluable connections your claim could be greatly harmed and you may not reach a successful outcome. Our attorneys have used many expert witnesses in past claims to prove injuries and convince the jury of our client’s need for compensation.
And finally, many law firms do not have the capital necessary to pursue your claim. Product liability cases are incredibly expensive and often the attorney will have to pay out of pocket to secure evidence and have experts pursue analysis. Additionally, our attorneys will probably have to travel and, simply put, many law firms do not have this disposable income to adequately pursue your claim.
Our Law Offices are dedicated to helping our clients seek the justice they deserve. We are passionate about helping victims like you and we put your needs before ours. To learn more about important aspects of your product liability lawsuit, contact Our Law Offices.
Responsibility for Injury Due to a Product Defect
Houston Personal Injury Lawyers » Responsibility for Injury Due to a Product Defect
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Who All is Responsible for an Injury Caused by a Defective Product?
Did You Know?
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Our Houston defective product attorneys have won thousands of cases. Call us today to discuss your case.
We trust that the products that we purchase for ourselves and our loved ones are intended to be safe. We believe that if we use a product to clean our house, to entertain our children or to use for our health will not cause us any harm. Products that we purchase are part of our way of life in the Houston area.
Many of the products that are exposed to the public are supposed to be created under the federal guidelines but sometimes they are not. The reason why some of the products are not made according to federal guidelines is that the manufacturers are wanting to rush the product to the markets without properly testing it. When this happens the product becomes defective causing several people to become injured by the product. Meanwhile, the manufactures are still making a profit.
Who is liable?
In theory, everyone who is involved in the chain of distribution can be held liable for the injuries that you suffered and a lawsuit can be brought against them. This can include the people who manufactured, created, designed, sold, and marketed the product.
Sometimes everyone in the chain of distribution can be difficult to identify because there are so many entities involved in the manufacturing and distribution of the defective product. The most common defendants identified are the manufacturer and the retailer. The manufacturer is the company that designed, marketed and tested the product. The retailer is the company or companies that sold it.
Who can sue?
If someone bought the defective product and suffered injuries then they can bring a products liability lawsuit. However, that’s not the only person that can bring a products liability lawsuit. If you did not buy the product but you suffered injuries because you used the product or someone else used the product and you suffered injuries then you can also bring a products liability claim.
Elements of Products Liability
If you are intending to file a products liability claim for your injuries, then you must first prove that the product was defective, you suffered an injury, the injury was caused by the defective product, and you used the product the way it was intended for it to be used.
Theories of Product Liability
Once you have shown the above elements in a products liability case, then there are several theories that can be raised. You must show that the product was manufactured poorly, the product was defectively designed or the product did not include warnings or instructions about how to properly use the product.
A product that was manufactured poorly is the most common reason because all you need to show is that there was something wrong with the product when it was manufactured. For example, you purchased an expensive coffee pot from a store in the Galleria mall in Houston. You take the coffee pot home and begin to use it. You fill the coffee container with water and then you add the coffee grounds. While the coffee is brewing, the coffee pot gets too hot and explodes causing the glass to cut your arm while the hot water hits your face, causing first-degree burns. Because of the faulty coffee pot and your injuries you can bring a products liability lawsuit against the manufacturer and the retailer who sold it to you.
A defectively designed product involves multiple products of the same type that are flawed or defective. An example of this would be several coffee pots that were made by the same manufacturer and they all exploded causing first-degree burns.
Products that do not include warnings or instructions are just as dangerous as the first two theories. Because the manufacturer has failed to warn you about the dangers then you are unaware of the possibilities that can occur.
Defective products in the Houston market contribute to hundreds of accidents daily. Our attorneys at Our Law Offices have successfully litigated products liability cases against the manufacturers and the retailers for our clients in Houston. Our attorneys have over 20 years experience and will vigorously fight for your rights. Call us any day or night at to receive a free consultation.
How Much is my Product Liability Case Worth?
Houston Personal Injury Lawyers » How Much is my Product Liability Case Worth?
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Determining the Value of a Products Liability Personal Injury or Wrongful Death Case
We have found that the question which is often asked by our clients is “How much is my products liability case is worth?” However, the appropriate question is “How much compensation is enough for me?”
In our opinion, a settlement is not in our client’s best interest unless it covers past and future losses. A settlement might not be enough for the injuries that you have incurred. A settlement might warrant only enough for you to cover your medical bills but it might not be enough to take care of your lost of income, your mental anguish that you are suffering due to the accident, or any other financial needs that might need to be compensated.
Each Case is Different
Imagine that you are driving a SUV and the tire blows out. You are paralyzed from the waste down. Is a million dollars enough? Is two million dollars enough? What about three million dollars? The appropriate answer is: enough compensation is the amount that pays for the full impact that you sustained to your lifestyle. Costs such as the need for special vehicles if you were are no longer to walk, the accessible equipment in your home to make it easy for you to move around, long term treatment of healthcare, and any other additional resources to assist you with the future physical injuries that might occur.
Now think about this example, imagine that your loved one is killed by suffering from a dangerous drug like Pradaxa or from a car accident because the airbags failed to deploy. Your spouse is now gone because of the recklessness of someone else. Your spouse was the primary breadwinner for your family. You were dependent on their income to take care of the household. Is it fair to have enough compensation for your pain & suffering to be without the one you love? Or is it enough to make up for the loss of income your loved one who would have continued to make if they had not died.
What is Next?
Did You Know?
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Our Houston Texas attorneys have won hundreds of defective product cases. Call us today to discuss your case.
There are practical limitations for obtaining these types of results. By hiring an experienced attorney from our law firm, you will be afforded the highest quality of legal services possible. The attorneys at Our Law Offices have been successfully fighting to provide our clients in the Houston area with the adequate compensation that they deserve for over two decades.
Our attorneys understand that your life will never be the same after the accident and enough compensation might not be enough. However, our attorneys will ensure that with the devotion of their time and dedication to your needs, the compensation awarded to you will be enough. Contact our office at to discuss your legal matter further.
How Much Does a Products Liability Case Cost?
Houston Personal Injury Lawyers » How Much Does a Products Liability Case Cost?
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What Costs Can I Expect When Filing a Products Liability Lawsuit?
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People are always inquiring of how much it would cost to pursue a products liability lawsuit. This is not a strange question because a lot of people are reasonably concerned that this type of lawsuit would be cost-prohibitive and that they would not be able to be compensated accordingly for their losses. One of the main concerns centers on the idea that attorneys fees would end up being out of control. However, that is not the case and the purpose of this article is to address these concerns. As you will discover that in reality the risk for you as the injured party is fairly low.
What Does Our Law Office Charge for a Products Liability Lawsuit?
Our law firm works exclusively off of a contingency fee arrangement in product’s liability cases. A contingency fee arrangement basically means that we charge you nothing at all straight off the bat. In the event that your case ends up being successful then we will take a portion of the proceeds that are received as compensation for our services. Therefore, if you don’t get paid – neither do we. Essentially, if your lawsuit is not successful then we will receive nothing at all for our time and services.
Moreover, we assume all financial risk. Our attorneys will invest hundreds or even thousands of hours into a case even though we may not receive anything for our efforts. As previously stated, the way that we get paid is that we keep a percentage of your award in the event that your lawsuit reaches a favorable outcome, but only if the case is successful.
The typical price range for fees rendered under a contingency fee arrangement is one third of the winnings. However, there are certain situations where the fees may be higher if the circumstances make the case more risky for our firm. For instance, if you hire us the day before your statute of limitations expires. We may still choose to take your case but considering that time is of the essence in that situation, a higher fee may be appropriate in order for our firm to be adequately compensated proportionate to the risk we are assuming.
In addition to fees, clients will have to repay any costs that we put into a case. Some clients prefer to pay for court costs out of their own pocket, and when the case is resolved they simply pay us for our attorneys fees alone. But when a client cannot afford to pay out of pocket for attorney’s fees, we will pay the client’s court costs for them and we’ll be paid back out of the winnings.
For instance, in the event that a settlement agreement is not a possibility, we will file suit on your behalf and take your case to trial. In doing so we will have to pay the court a few hundred dollars for the filing fee and we will have to pay for other such expenses including the services of a court reporter and a process server.
The way it works is that we will advance our own money to pay for these expenses in order for your lawsuit to progress. If and only if we win your case for you will you have to reimburse us for these expenses.
In the event that we do not win the case, we will completely absorb the loss of all of the attorney time and expenses that we put into your case. This is an incredibly rare outcome and should only occur if the defendant that we file suit against happens to enter into bankruptcy or some other unanticipated event. Nevertheless, if this occurs we will bear the financial burden of the loss. You will suffer no out of pocket expenses whatsoever.
A vast majority of cases that our firm handles are capable of being settled out of court without having to file suit, which eliminates the need to put expenses into a case.
Why You Shouldn’t Be Scared of Costs
We are bound by the ethics rules of the State Bar of Texas, and just so we’re clear, that means that if we break said ethics rules we may forever be barred from the practice of law (read: we don’t break the rules). One of the rules that we are sworn to abide by is that we cannot unfairly charge a client for costs. We can’t charge interest and we can only ask a client to reimburse us for costs out of their winnings and only when we substantiate the costs to the client.
The costs that we expend to make sure you have a strong case for recovery are usually fairly insignificant compared to the award that will be received if we are successful with your claim. For instance, our firm recently resolved a seven-figure truck accident case and the total expenses that we put into the case after a year of litigation was only $15,000. Now, $15,000 is not a small amount, but compared to the money that we made for our clients and the advantage it gave to our clients, it was put to good use.
What Are Some Typical Costs Associated With Filing a Lawsuit?
An example of costs or expenses would include the filing fee that we have to pay to file a lawsuit. This will usually be about a four $100 fee for a court reporter to appear on day of trial or depositions. In addition, with a products liability lawsuit your case will likely require and report from an expert witness (typically an engineer). Hiring an expert witness to provide testimony to make sure you have all the proof you need to win could range from $2,000 to $20,000.
In sum, the attorneys at Our Law Offices are highly qualified and have more than the necessary experience to ensure that your products liability lawsuit is based on the best theory of recovery available. We can state without reservation that what we bring to the table is worth every penny that we charge. We are the first to admit that hiring a lawyer is not exactly cheap, but it is better than the alternative. Attempting to pursue a product liability cause of action without an attorney would be a near impossible feat. Considering the highly technical nature of these types of lawsuits, you need the best representation available in Harris County. That is exactly what we can offer you at Our Law Offices.
We have been handling personal injury lawsuits all over the state of Texas for upwards of twenty years and will provide you with the same customer satisfaction that we have with every client we have represented in the past. To discuss your potential product liability cause of action, contact us.
Harris County Court vs. Federal Court
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Do You Know Whether You Should File Your Case in Federal Court or in the Local Harris County Court System?
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There are many different courts in Harris County that you could potentially file your case in. Determining which court to file your case in depends on different factors like what type of case it is and what legal remedy you are trying to pursue. However, there are also times when you will be able to file your case in federal court. Our Law Offices has over twenty years of experience and has handled over a thousand cases, many of them in Harris County.
Harris County Justice of the Peace Courts
Harris County Justice of the Peace courts are the lowest level of courts in Harris County and basically serve as a small claims court. When you are suing someone and are claiming damages that are $200 or less, they must be filed in this court. However, you can also file claims up to $10,000 in this court. One of the types of cases you can file in a justice of the peace court is a personal injury claim, so long as the damages requested are less than $10,000. You need to file a personal injury claim within two years of the action that gave rise to your claim.
Harris County Probate Court
Harris County Probate Court is a court that generally deals with probate matters like the distribution of a will. However, certain cases involving personal injury claims can also be brought in front of a probate court. For example, a wrongful death suit that involves survival damages can be brought in a probate court by the victim’s estate on behalf of the victim.
Harris County District Court
Harris County District Courts are courts that have what is called general jurisdiction, meaning that most cases are going to be filed here. Any case that involves damages in an amount greater than $200 can be filed in one of Houston’s 26 District courts, depending on where the incident occurred and where the parties reside. There is no upper limit to the amount of damages that can be awarded by a district court. Most personal injury cases will be filed in district court and must be done so within 2 years of the action that gave rise to the claim.
When Would I Be Able To File My Claim in Federal Court?
There are certain instances where you will be able to file your claim in Federal District Court instead of a Harris County Court. The way you should think of it is you are always able to file your case in a Harris County Court, but you need to be able to prove that you are allowed to file your case in Federal Court. There are two requirements that must be met in order to file a case in Federal Court, the amount in controversy and diversity of citizenship.
The amount in controversy for a case to be filed in Federal Court is $75,000. In other words if the amount of damages you are claiming in your personal injury case is for more than $75,000 than you may have the option to file your case in Federal Court if the next requirement is met.
Diversity of citizen ship means that the two opposing parties, the plaintiff and the defendant, are not from the same jurisdiction, or state. For example, if you live in Houston and are a Texas Citizen, and are in a car accident with someone who is a citizen of Louisiana, if you decided to bring suit against them diversity of citizenship would exist. If both of these requirements are met, then you will be able to file your case in Federal Court.
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You Need An Experienced Attorney to Help You Pick The Right Court
Determining the right court to file you potential claim in can be difficult without the assistance of an experienced attorney. The attorneys at Our Law Offices have over two decades of experience and have helped many of their clients determine the right Harris County Court to file their claim in.
Defective Boats and Watercraft
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Has a Defective Boat or Personal Watercraft Caused an Accident or Other Serious Injury?
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Boating accidents can happen more frequently than you think. Sometimes this is caused by operator error but other times it is caused by a defect in the boat itself. When a boating accident is caused by a defect in the boat and you are injured as a result, there may be a way for you to receive compensation for your injuries. Our Law Offices have over two decades of experience helping clients understand and use their rights.
What is a Defect?
There are three main ways that something can be defective. They can be defective as manufactured, defective as designed, or have a warning defect. The two most common types of defects for boats and other watercraft are design defects and absence of a warning.
A design defect means that the entire line of products is defective because of a faulty design. For example, if a boat uses a certain kind of motor, and that entire line of motors has a tendency to overheat and explode, this would be a design defect.
The other kind of defect commonly associated with boats and watercraft is an absence of a warning. This kind of defect is split into two categories, an inadequate warning and a lack of a warning. An inadequate warning is a warning that does not disclose all of the risks associated with a product. A lack of a warning is a complete lack of a warning about the danger of using a product.
A warning defect can arise in boat and watercraft accident cases because boats and watercraft can be potentially dangerous if not used correctly. For instance, if a boat manufacturer does not warn you that if you drop the anchor on the right side of the boat it may cause the boat to capsize, it would be a warning defect.
What are Some Common Types of Boat and Watercraft Defects?
There are some common types of design and warning defects in boats and watercraft. One defect is a failure of the hull of the boat. This means that the hull is made in such a way that it’s not able to protect the boat or is easily damaged. If the hull of a boat fails, this usually leads to it sinking.
Another common defect is engine failure. This means that there is something that causes the engine or motor of a boat to either malfunction or become destroyed. The best-case scenario is that the engine simply stops working and you are stuck. However, the worst-case scenario is that the defect causes the engine to catch fire or explode resulting in serious damage to the boat and possibly to you.
Yet another type of defect is instrument failure. For example, imagine you are driving your boat on Lake Conroe, but the boat’s depth gauge is defective and fails to warn you that you are about to enter shallow water. As a result of the defective depth gauge you then crash your boat on the bottom of the lake resulting in damage to your boat and injury to you.
You Need An Experienced Attorney
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Like all product liability cases, boat and watercraft defect cases can be very complex because of all the elements that have to be satisfied in order to prove a design or warning defect. Also, there are some defenses, like misuse, that the defendant can use to try and avoid liability.
The attorneys at Our Law Offices have over twenty years of experience and have dealt with many products liability cases involving boats and other watercraft. They have helped many Houston clients determine their rights under the law and get the compensation they deserved. If you were injured in a boat or watercraft accident that was caused by a defect, call today for a free consultation.
Accidents Caused by Defective Tires
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Has a Defective Tire or Blowout Led to an Accident Causing Injury to You or a Loved One?
Tires are infamous for being the cause of a car accident. Manufacturers have repeatedly been forced to recall tires on all types of vehicles due to some sort of defect which is likely to cause an accident which may harm you and your family. A tire can be defective due to negligent construction, faulty design, or by the way in which it was wrongfully implemented. Under the right (or rather wrong) circumstances you can suffer significant injury or, in some cases, even death. This article will explain how we expect our tires to perform, what happens when they fail to meet that expectation, who is entitled to file suit, who may be responsible for your accident and it will specifically discuss tire problems associated with SUVs.
What We Expect From Tires
The tires on your car are probably one of the most crucial aspects of your vehicle. They are the one thing that directly connects your car to the road. Your tires grip the ground when driving, turning, and stopping and if they fail to function properly, the result can be catastrophic.
Every tire will eventually fail; this is inevitable. The tread on your tires will wear down over time and will, one day, need to be replaced; however, tires should function properly for a reasonable amount of time and all tires should function in a fairly similar fashion. Tires will generate consistent grip until their capacity has been exceeded, but you are generally given a judicious amount of warning up to this point by way of tire screeching.
Additionally, we expect the tire to withstand a great deal of weight we put on it. If a tire fails simply from transferring weight onto it, then the tire is not functioning adequately and is considered defective. We require tires to perform properly in varying weather conditions including very cold and extremely hot roads. If a tire does not function as expected in these foreseeable circumstances then it is likely that the tire is faulty and its inherent defect is the cause of the car accident.
What Happens When a Tire Fails?
The first thing that happens when a tire fails is that one corner of the vehicle automatically falls to the ground due to the almost instantaneous deflation. This shift in weight consequently compromises the grip of the remaining three tires. A large portion of steering a vehicle and being able to turn is reliant upon being able to transfer weight between the four wheels to effectively maneuver. Anytime one of the four tires fails, the entire car is put in danger and has a high probability of crashing.
Who Can Bring a Claim?
If one of the tires on your car failed and caused you to crash, then you and every person in your vehicle at the time of the accident has standing to file a personal injury claim. If the tire of another vehicle failed causing it to collide with you, then you would also have standing in this situation. Basically it does not matter whether it was your tire, or the tire of another car, if you were injured due to the defective tire you the court will allow you to bring a claim against the tire manufacturer.
Furthermore, if your loved one was killed due to a defective tire you may have standing to file a wrongful death lawsuit against the tire manufacturer. In this instance, you were not personally or directly injured by the faulty tire; however, as a result of your loved one’s death you have been indirectly injured by the manufacturer’s negligence and have a valid claim against the responsible company. It is important to note that when you file a wrongful death claim you are suing for your own personal damages, and not filing a suit on behalf of your deceased loved one. In contrast, a claim for survival damages is filed on behalf of your loved one for the suffering or financial loss they endured prior to succumbing to their injuries.
Who Should I Sue?
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There are multiple people who may be responsible for your injuries. Who you can sue depends entirely upon what specifically caused the problem. Was the tire designed poorly? There is an n engineer who designed the tire. If the tire was defective in the design, meaning that it was not balanced correctly, it called for too little or too much air for the tire then it would be considered faulty and could cause a massive car or truck accident due to this defective design. Did the manufacturer negligently produce it? This might occur if the manufacturer used the wrong material in the construction of the tire.
Or did the manufacturer install the wrong tire for the specific car? For instance, a Prius requires a very different tire than a Ford F150. If the manufacturer installed a tire that does not properly fit the car or is not strong enough to hold the weight of the car, then it could explode while you are driving it or it could become separated from the car while it is in motion. Our attorneys can help assess your accident and inspect the tire to determine which part was defective and, in turn, who is responsible.
Unique Problems With SUVs
It seems like we most often hear about tire problems in SUVs. There are continually reports on the news about horrific accidents involving SUVs which were caused by defective tires. The reason for this is largely due to the theory of weight transfer. Remember, each tire greatly impacts the transfer of weight throughout the vehicle; when one tire is compromised the balance of the car is also compromised.
With SUVs sitting much higher off the ground than other vehicles, the transfer of weight has a much greater effect on the vehicle. SUVs are heavier, they sit higher above the ground and when for example, the front right tire explodes then the entire weight of the car is suddenly thrust to the front right side of the vehicle. This is another reason why many SUVs roll over in accidents such as this. They have such a great amount of force moving in that compromised direction and the vehicle is incapable of remaining balanced.
Must I Have Personally Purchased the Tire to Have Standing?
No. Under the theory of products liability, it is irrelevant whether you personally purchased the defective product. All that matters is whether you were injured by the faulty tire. Essentially, the benefit of the purchase extends to everyone who has been harmed by the defective tire. And as mentioned above, you do not even have to be physically injured in order to file a products liability claim against the tire manufacturer. If your loved one was wrongfully killed due to this defective product, you will have standing for a wrongful death claim based on product liability.
Investigating a Defective Tire Claim
The most important aspect of investigating defective tire claims is this: WE NEED THE TIRE. Without the actual tire which we believe to be defective, we will have no proof that the specific tire in question was defective and that defect is the proximate cause of your injuries. It is also for this reason that you need to contact us immediately. The sooner you contact Our Law Offices the faster we can locate the tire, preserve it as evidence, and test it for defects.
First, we will visually inspect the tire. Our attorneys are very experienced defective tires and it is sometimes very obvious just by looking at the tire that it was faulty. Sometimes by assessing the cosmetic issues of the tire we can either confirm the defect which we believe to have caused the accident and potentially eliminate other possibilities. After a visual inspection, if we still believe your accident was the result of a faulty tire, we will then have our engineers conduct tests and thoroughly analyze the tire. After they have methodically and systematically studied every part of the tire, our expert engineers will then render an official opinion. If the engineer’s findings are favorable to your claim we will then use their findings as foundational evidence to support your claim. At that point we will file a product liability lawsuit against the manufacturer and any other responsible parties in order to seek damages for your injuries.
After commencing a claim, our attorneys will then conduct a thorough investigation during discovery. In discovery we will request and carefully review internal documents from the tire manufacturer, tire engineers, and car manufacturer which may prove that the responsible party had knowledge of the tire’s defect yet still allowed it to be put on the market. We may find reports from when the tire was in the testing stage which establish that the tire did not perform adequately and therefore was defective in design. Or we may uncover documents from the manufacturer which show that the tire should have been constructed with one specific type of material, but through our expert engineer’s inspection we have proof that the faulty tire was constructed with inferior material proximately causing your accident.
If you have been injured or your loved one has been killed due to a car accident caused by a defective tire, Our Law Offices can help you. Through our experience we have learned many unique skills to investigating defective tires and proving your claim in court. We have a great deal of experience dealing with manufacturers and car companies which is invaluable when fighting for your compensation. We understand how these large companies work and we know how to best hold them accountable for their failures. Our Law Offices have helped hundreds of families injured in car accidents and we want to help you too. We know that you and your family are probably experiencing an incredibly difficult time right now and we are confident that we can help you reach a favorable outcome in your personally injury claim. If you believe that your car accident was caused by a defective tire, call Our Law Offices.