Answers To Your Product Liability Questions
After a serious accident involving a product purchased in the marketplace, you most likely have many questions. Product liability is a complex legal area, and without prior experience in cases like these, everyone has questions.
At The Law Offices of Tyler & Peery, our attorneys have a wealth of experience handling all types of personal injury claims involving dangerous and defective drugs, and other products. We serve clients in San Antonio, Texas, and the surrounding areas in product liability and dangerous drug litigation. Please read some of the frequently asked questions and answers below, and discuss your case with an experienced lawyer from our firm.
Who is responsible for dangerous drugs that harm people?
That depends. In general, there are three main categories of possible liability:
- Design defects, when the engineers designing products cut corners or are negligent in their design, creating inherently dangerous products.
- Manufacturing defects, when the workers at the factory cut corners, use inferior supplies or make mistakes that render products dangerous.
- Failure to warn, when inherently dangerous products lack adequate safety instructions and warnings, or retailers fail to explain the dangers of a product to purchasers.
Who is liable in a specific case depends on the facts involved. It is important to talk with a lawyer to determine who is at fault in your case.
Can I sue a drug company if I have been harmed by a prescription drug?
Similar to liability in other products, drugs can be rendered dangerous at all points in the process. Some cases involve inadequate testing for dangerous drug interactions and long-term side effects. Others involve prescription mistakes, when either the doctor or pharmacist gives you a drug that is dangerous to you. Determining who is at fault involves a complex evidentiary analysis.
But the short answer is: Yes. If the drug manufacturer’s negligence was the direct cause of the damages you suffered, you can bring them in as defendants in a lawsuit.
Can gun manufacturers be sued for injuries caused by their products?
The answer here is a qualified yes.
While the Protection of Lawful Commerce in Arms Act (PLCAA) prohibits lawsuits against gun manufacturers for injuries and other damages caused by criminal misuse of firearms, you can still bring a claim if we can show clear evidence that the firearm was defective due to a manufacturing defect.
What if I was injured by a product when using it incorrectly?
While using a product incorrectly could limit your options for compensation in some cases, you still could have a chance of winning a claim even if you were injured using a product incorrectly.
For example, if the product was dangerous and had inadequate warning labeling, or if the instructions did not clearly spell out how to use the product safely, you could still bring a dangerous product claim.
Contact An Attorney
The answers to all of these questions often depend on the specific facts of a given case. If you or a loved one has been injured by a product or drug, talk with one of our lawyers. We will look at your case and help you determine whether you have a viable claim.