REAL FACTS ABOUT  PRODUCTS LIABILITY
From Jonathan C. Juhan, Attorney At Law

This section explains important aspects of the law of products liability. These are cases where someone is injured due to a defective product. The three categories of product defect are Manufacture, Design and/or Warning.  You need a local Board Certified Trial lawyer to handle these complex cases.  Jonathan Juhan has been helping injured vicitims of Southeast Texas for 14 years.  These cases are difficult, and you need to know that there are:

MANUFACTURING DEFECTS - the product is manufactured with defective parts, or is improperly assembled. An example: a vehicle with the wrong size or type brake pads, crashes because it cannot stop.

DESIGN DEFECTS - the product performs as intended, but causes injury because the design creates a dangerous condition. An example: a chain saw with no guard over the chain, and flying debris injures the operator.

WARNING DEFECTS - the user of the product is not advised of a danger of the product. An example of this would be a toxic household product, which has no indication the substance is poisonous.
The law of products liability can be very confusing. When a person is injured while using a product, many people believe these are easy cases to win, when they are not. In order to collect money damages, much must be proved.

PRESERVING THE PRODUCT - It is important to keep the product in a safe place, where the condition will not change from the time of the accident. This often adds significantly to the cost of handling the case. However, without the product itself, it is often impossible to prove the defect existed.

HARD TO PROVE - Products liability cases are hard to prove. To win, the injured party (Plaintiff) must prove:
1. The Product was defective at the time it left the control of the Defendant, AND
2. The Defect was a cause of the damages and injuries sustained by the injured person.

COMPARATIVE FAULT - In any personal injury lawsuit, a jury may find the injured person was negligent, and his/her conduct also caused the incident. In Texas, if the plaintiff and defendant are both negligent, the jury finds a percentage of fault for each party. If a plaintiff is more than 50% at fault, he cannot recover any damages. A finding of 50% or less fault on the part of a plaintiff will reduce the injured person's recovery by that percentage.

PUNITIVE DAMAGES - Punitive Damages can be recovered if the Defendant acted with "malice," which means the Defendant either (1} intended to cause injury or (2) knew his conduct created an extreme risk of severe injury and acted with conscious in difference to that risk. Malice is very difficult to prove, and many punitive damage awards are reversed by courts of appeal.

EXPENSIVE TO LITIGATE - Litigation requires a significant investment of time and money; an attorney may spend many thousands of dollars preparing a case for trial. These cases are expensive, so many products liability cases involving smaller injuries are not prosecuted.

STATUTE OF LIMITATIONS - Texas has a two (2) year statute of limitations in tort actions. All suits not filed by two (2) years from your date of injury (usually the date of the incident} are barred forever. Texas law also requires written notice of a claim must be given to governmental units, often within 90 days to six months of an event. Failure to give proper notice may result in a claim being lost. Limited exceptions to these rules may affect the rights of minors. However, these rules are extremely complex, and most of the deadlines are set in stone. Should you wish to pursue a products liability case, you should discuss these deadlines with an attorney.

CONTINGENT FEES - Lawyers should only handle these types of cases on a pure contingent fee basis. The attorney's fee is a percentage of the recovery (usually 33 1/3 to 40%), and no fees or expenses should be charged or collected unless your case is won or settled.

I hope this information helps you understand more about Products Liability cases, and what is involved in any effort to prosecute and win a case in this area of the law.  I look forward to meeting with you or your loved one to discuss your case.  Thank you in advance for your business.