Jan 16
Product Liability
Experienced Product Liability Lawyer
As Houston product liability attorneys, we understand that the last thing you expect when you invest in a new product is for that product to harm you. Unfortunately, defects can turn everything from cars to toys to everyday goods into life-threatening hazards.
If you or a loved one have been injured or even killed by a defective device, you need an experienced product liability lawyer to help you. From consumer goods, to vehicles, to industrial equipment, Mithoff Law has extensive experience in investigating and pursuing product liability claims. These claims can involve defects in design, manufacturing, or a failure to warn of potential hazards.
Contact the Houston product liability attorneys at Mithoff Law today at 713-654-1122 or request a free consultation online.
Understanding strict liability and defective product claims
In Texas and many other states, product liability claims typically arise under what is known as strict liability, meaning that a product manufacturer can be held liable for injuries caused by a defective product under certain circumstances. These claims can differ from personal injury cases based on negligence.
Typical types of product liability cases in Texas
In order for strict liability to apply, you and your product liability lawyer must prove that a defect was present and that it contributed to your accident. There are three categories of product defects that can be used to establish manufacturer liability in an injury.
- Manufacturing defects: In Texas, a manufacturing defect typically refers to a product that deviates from its specifications in a way that makes the product unreasonably dangerous.
- Design defects: In Texas, a design defect typically refers to a condition of a product that renders it unreasonably dangerous as designed, taking into consideration the utility of the product and risks involved in its use. Generally, for a design defect to exist, there must have been a safer alternative design available that would have significantly reduced the risk of injury, and that was economically and technologically feasible at the time the product left the manufacturer.
- Warnings defects: In Texas, a warnings defect typically refers to a failure to give adequate warnings of a product’s dangers, which were either known or reasonably should have been known to the manufacturer. Product defects can manifest in all types of products, including power tools, automobiles, and medical devices. The experienced Product Liability attorneys at Mithoff Law can help evaluate any potential claims you may have.
The Mithoff Law advantage
Any law firm can bring a claim against a company, but few have a trial-tested track record of success. Richard Mithoff is nationally recognized as a leading product liability lawyer. He and his team have successfully fought against some of the nation’s largest manufacturers to win jury verdicts and settlements for their clients.
We hire knowledgeable experts to assist us in finding the root, system, or systemic cause of the design failure, and have deployed our strategic advantage to great effect, including an agreement that forced a manufacturer to alter an entire product design to protect other consumers.
We keep our team small and lean on purpose, and our clients know that they can rely on the kind of aggressive, attentive service that leaves no stone unturned in crafting a trial-ready case
Get the justice you deserve: Contact the Houston product liability attorneys at Mithoff Law today
If you or a loved one have been injured due to manufacturer negligence, contact an experienced product liability lawyer at Mithoff Law. Working with relevant industry experts, our trial-tested product liability lawyers will help you conduct a proper and thorough investigation to determine liability and build an effective defective product claim.
We are here and ready to provide you the assistance you need. Call us at 713-654-1122 or request a free consultation online.
Oct 3
Wrongful Death
Houston Wrongful Death Attorney
Mithoff Law is a trial-tested wrongful death law firm with real experience helping surviving family members handle complex wrongful death lawsuits with total respect and sensitivity for these tragic situations.
You do not have to seek justice for the wrongful death of a loved one alone; you need the assistance of a wrongful death law firm with deep experience helping families in the aftermath of a wrongful death.
Between the emotional and financial shock of a wrongful death, you need a Houston wrongful death attorney you can rely on to handle the complexities and stress of a wrongful death lawsuit so that you and your family can focus on healing and rebuilding.
Entrust your case to the wrongful death law firm with a multi-million dollar track record of success. Call Mithoff Law today at 713-654-1122 or request a free consultation.
“Mithoff, a Houston personal injury lawyer, is no stranger to winning big payoffs for large groups of people. He negotiated a $2.3 billion settlement with the tobacco industry for Harris and other counties, and he won $80 million for residents of a nursing home who were killed in a 2005 bus explosion while fleeing Hurricane Rita.”
– Houston Chronicle, November 22, 2017
Mithoff and his team — all highly acclaimed in their own right — have won several high profile legal cases, including:
$80 Million Settlement in Hurricane Rita Bus Fire Cases
When 23 nursing home residents died in a bus crash while evacuating from Hurricane Rita our experienced law firm took on several cases, and served as Lead Liaison Counsel for all of the Plaintiffs. Our attorneys and experts performed an in-depth investigation, reconstructing the accident and determining that the accident was caused by insufficient lubrication on a rear axle which overheated and caused the fire. As Lead Liaison Counsel, Mithoff Law successfully negotiated an $80 million settlement in behalf of the injured and surviving relatives.
$32 Million Jury Verdict in Trucking Crash
A $32 million jury verdict for persons who were killed or seriously injured and burned when an 18-wheeler slammed into a line of traffic stopped by a minor accident.
$24.7 Million Jury Verdict Against Rental Car Company and Drunk Driver
A $24.7 million jury verdict for the family of a woman who was killed by a drunk driver, despite having multiple citations and a suspended license.
What is considered a wrongful death?
Legally, deaths caused by another party’s negligent or criminal actions may be considered a wrongful death. In this context, negligence can refer to a variety of actions or poor decisions that contributed to or ultimately caused someone else’s death.
Common examples of wrongful death include:
- Dangerous or defective products
- Medical malpractice
- Criminal actions
What to do following a wrongful death
The shock and sorrow surviving family members feel in the wake of a wrongful death can leave you vulnerable and exhausted, which can make it difficult to navigate your legal options.
Before you sign or agree to anything, it is imperative that you contact a wrongful death law firm immediately. Successfully proving negligence and fault in a wrongful death case requires careful investigation and reliable evidence, both of which are easier to obtain when you act quickly.
Furthermore, families hoping to file suit for wrongful death are subject to the statute of limitations set by their state. In Texas, the statute of limitations on a wrongful death claim is typically two years.
Your Houston wrongful death attorney at Mithoff Law
Mithoff Law has helped families recover millions in complex wrongful death cases involving car accidents, workplace accidents, and even aviation disasters. We know that this is the last call you ever wanted to make, and we promise to do everything we can to make this process as comfortable for you and your family as possible.
Don’t let the responsible party dismiss your loss. Call the Houston wrongful death attorneys at Mithoff Law at 713-654-1122 or request a free consultation online.
Oct 3
Pharmaceuticals & Medical Devices
Medical Device and Pharmaceutical Lawyer in Houston
As medical device and pharmaceutical lawyers in Houston, we know that those who rely upon medical devices and pharmaceuticals expect them to be effective and safe to use.
If you or a loved one have been injured following the use of a defective medical device or prescription drug, you need an experienced team of product liability attorneys to help you build and fight your case.
At Mithoff Law, we have decades of experience pursuing and winning claims against the companies that create and sell faulty devices and prescription drugs. When you work with us, you’re putting your medical equipment malfunction lawsuit in trustworthy hands.
Contact a Mithoff Law medical device lawyer or pharmaceutical lawyer in Houston today at 713-654-1122 or request a free consultation online.
“Mithoff, a Houston personal injury lawyer, is no stranger to winning big payoffs for large groups of people. He negotiated a $2.3 billion settlement with the tobacco industry for Harris and other counties, and he won $80 million for residents of a nursing home who were killed in a 2005 bus explosion while fleeing Hurricane Rita.”
– Houston Chronicle, November 22, 2017
The Pharmaceutical lawyers in Houston at Mithoff Law have helped victims and their families obtain significant settlements from pharmaceutical companies, including:
Vioxx litigation
Mithoff Law represented hundreds of clients who made claims regarding Vioxx. The claims were settled for a confidential amount.
The manufacturer of the acne drug Accutane agreed to pay a 9-year-old boy and his mother an unspecified amount to settle a lawsuit that alleged the drug caused the child to be born with several deformities.
Permanent disability from PPA
Shortly after giving birth, a mother took over-the-counter medication containing Phenylpropanolamine (PPA) which caused a severe stroke and permanent paralysis. Mithoff Law helped her and her family to obtain a settlement from the pharmaceutical company.
Common medical device defects
Despite regulation and oversight by the Food and Drug Administration (FDA), dangerous and defective medical devices still make it to market.
Common medical device defects medical device lawyers see include:
- Bad hip and knee replacement parts: The medical device lawyers at Mithoff Law have helped thousands of people who had received defective artificial hips recover damages against the manufacturer.
- Defective pacemakers: Erratic or malfunctioning pacemakers can cause significant, potentially fatal medical distress for their owners.
- Defective heart valve implants: Leaks and breaks can lead to multiple surgeries and/or wrongful death.
- Mishandled gynecological devices: Defects and/or poor sterilization can lead to infections, infertility, and even miscarriages.
- Failing hernia mesh implants: These common devices have been known to fail, leading to incredible pain and dangerous infections for their users.
Holding pharmaceutical companies accountable for defective products
Despite FDA oversight, dangerous pharmaceuticals still make it to market.
The Pharmaceutical lawyers in Houston at Mithoff Law have helped victims and their families obtain significant settlements from pharmaceutical companies, including:
- Hoffman LaRoche (Accutane): The manufacturer of the acne drug Accutane agreed to pay a 9-year-old boy and his mother an unspecified amount to settle a lawsuit that alleged the drug caused the child to be born with several deformities.
- Permanent disability from PPA: Shortly after giving birth, a mother took over-the-counter medication containing Phenylpropanolamine (PPA) which caused a severe stroke and permanent paralysis. Mithoff Law helped her and her family to obtain a settlement from the pharmaceutical company.
Why hire a Mithoff Law medical device lawyer or pharmaceutical lawyer in Houston
Pharmaceutical and medical device claims require not only legal knowledge, but also a thorough understanding of the industry.
Mithoff Law has decades of experience pursuing claims involving defective or dangerous pharmaceuticals and medical devices, including warnings claims. These claims are often complex, requiring nimble navigation of an extensive regulatory and legal framework. In some cases, pharmaceutical or device manufacturers may even have been aware of problems or dangers associated with a product prior to placing them on the market.
Our team of subject matter experts carefully scrutinizes relevant medical records, design information, or regulatory information when investigating and pursuing such claims. We have experience navigating the legal complex legal framework of pharmaceutical or medical device multi-district litigation, including negotiating claims with settlement trusts or facilities.
Get the justice you deserve: Contact a Mithoff Law medical device lawyer or pharmaceutical lawyers in Houston today
Injuries caused by defective drugs and defective medical devices can permanently impact you and your family, and can even be fatal.
Explore your options and pursue the compensation you deserve with an experienced, proven medical device lawyer or pharmaceutical lawyer from Mithoff Law. We are here and ready to provide you the assistance you need.
Call us at 713-654-1122 or request a free consultation online.
Oct 3
Oil Rig Accidents
Oil Rig Injury Lawyer in Houston
When you or a loved one have been hurt in an oil rig accident, an oil rig accident lawyer can play an instrumental in your efforts to win justice.
The laws governing injury claims aboard drilling rigs and fixed platforms aren’t always simple to navigate, and workers injured or killed on oil rigs through explosions, fires, or as the result of employer negligence often find themselves navigating a complex framework of laws and regulations. An experienced oil rig injury lawyer can help you assess your claim and determine the correct course of action based on the specifics of your situation.
If you’re living in the aftermath of an oil rig accident looking for answers and paths to relief, the Houston oil rig injury lawyers at Mithoff Law are here to help.
Contact the trial-tested attorneys at Mithoff Law at 713-654-1122 or online to schedule free consultation online.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
The attorneys at Mithoff Law have decades of experience handling oil rig injuries, and navigating the complex legal and regulatory framework applicable to such claims. Mithoff Law’s experience includes:
Injury on The High Seas
Mithoff Law represented a worker who sustained severe shoulder injuries when he fell aboard a service vessel that was supporting an offshore pipeline project in the Persian Gulf. The plaintiffs alleged that the vessel had inadequate anti-skid deck plating in the area where the injury occurred. The case was settled for a confidential amount.
Offshore Helicopter Crash
Mithoff Law represented surviving family members of offshore rig personnel who died when the helicopter transferring them from a base on land to an offshore rig crashed. The plaintiffs alleged that there were design defects in the helicopter’s control systems. The case settled for a confidential amount.
Statutes commonly applicable in the context of oil rig accidents
The legal and regulatory framework in the area of oil rig accidents is complex and voluminous. The trial-tested attorneys at Mithoff Law have spent decades navigating that framework, and are familiar with how those laws and regulations are applied in a wide variety of contexts. Commonly-encountered statutes that may be applicable to an oil rig injury (or activities adjacent to offshore rig work) include:
The Outer Continental Shelf Lands Act
The Outer Continental Shelf Lands Act (OCS Lands Act) provides that, for most workers who are injured while working aboard rigs affixed to the outer continental shelf, their injury claims are typically subject to the laws of the state most adjacent to the location of the accident, so long as those laws are not in direct conflict with relevant federal laws.
The Jones Act
Although typically used in cases involving boats, barges, or other large marine vessels, workers injured aboard mobile offshore drilling units, drillships, or service vessels may be able to file an injury claim under the Jones Act. Claims will often turn on whether the injury arises from the activities of a “vessel in navigation.”
Jones Act claims also require claimants to establish their status as a Jones Act seaman (generally, someone who spends a significant amount of time working on a vessel in navigation).
Offshore workers who qualify as seamen may also qualify for health and daily living benefits due to a principle of maritime law known as “maintenance and cure.”
The Longshore and Harbor Workers Compensation Act
The claims of many offshore oil rig workers are governed by the Longshore and Harbor Workers’ Compensation Act. The Act is distinct from the Jones Act, and provides different types of remedies from the Jones Act.
Death on the High Seas Act
The Death on the High Seas Act can also impose additional requirements on maritime injury claims, depending upon where geographically the injury occured.
Common oil rig accidents and injuries
In addition to being at sea, oil rigs are volatile work environments that run on tight schedules and involve highly flammable materials. As such, accidents happen, and the results can be devastating for victims and their families. These are some of the more common oil rig accidents:
- Burn injuries from explosions and fires
- Neurological/brain injuries from swinging pipes or dropped equipment
- Spinal cord injuries from falls or collisions caused by slippery stairs and unguarded crossings
- Amputations
- Wrongful death
Contact a trial-tested oil rig accident lawyer today
If you or a loved one were injured in an oil rig accident and in need of workers’ compensation, an oil rig accident lawyer can help. When you hire a Houston oil rig injury lawyer with the depth of experience of Mithoff Law, you can rest assured that your claims will receive the attention to detail that they deserve.
Speak to an experienced oil rig accident lawyer at Mithoff Law today. Call 713-654-1122 or request a free consultation online and get your case off to the right start.
Oct 3
Medical Malpractice
Medical Malpractice Attorney in Houston
As a patient, you have rights, and the Houston medical malpractice lawyers at Mithoff Law are here to help you defend them. Few things are as important or deeply personal as our health. So when we entrust our lives or those of our loved ones to the hands of medical professionals, we do so with full expectations that they will perform their duties carefully.
Unfortunately, this isn’t always the case. According to a recent John Hopkins study, more than 250,000 people die from medical malpractice each year, making it the third-leading cause of death nationwide. Additionally, survivors of medical malpractice can be left with debilitating, lifelong injuries that drastically impact your quality of life.
Get the experienced representation you and your family deserve. Call Mithoff Law today at 713-654-1122 or request a free consultation online.
“Mithoff, a Houston personal injury lawyer, is no stranger to winning big payoffs for large groups of people. He negotiated a $2.3 billion settlement with the tobacco industry for Harris and other counties, and he won $80 million for residents of a nursing home who were killed in a 2005 bus explosion while fleeing Hurricane Rita.”
– Houston Chronicle, November 22, 2017
Mithoff Law’s medical malpractice success stories
Mithoff Law has helped victims of medical malpractice and their families recover damages in complex cases, the results of which have even changed standard medical procedures.
- Fighting post-operation negligence: Mithoff Law won $1.14 million for the family of a deceased patient who died due to inadequate post-op care while she was supposed to be recovering in the hospital. In this case, our investigation and expert witnesses helped bring troubling issues to light, altering the way patients are cared for after operations.
- Taking Dow Chemical to task for toxic breast implants: Mithoff Law also represents those injured by the manufacturers of defective medical devices. After leaking breast implants caused his clients significant health problems, Richard Mithoff set new precedents with the first successful verdict against manufacturer Dow Corning.
- Billion dollar settlements: When thousands of people were given faulty artificial hips, Mithoff Law took the manufacturer to task, helping to negotiate a billion dollar settlement on behalf of all affected patients, and forcing the recall of 40,000 dangerous artificial hips.
What qualifies as medical malpractice?
Medical malpractice occurs when a doctor, hospital, or other medical professional acts negligently or carelessly, causing injury to a patient. In order to be considered medical malpractice, negligence must occur during the medical process as a part of diagnosis or treatment.
Types of medical malpractice
In addition to basic medical negligence, malpractice can occur in a number of forms. The following are the six most commonly reported types of medical malpractice:
- Surgical errors: Mistakes made during surgery can have devastating, even fatal consequences for patients, from spinal and neurological injuries to undue pain as the result of poor anesthesia. Patients may still have the right to seek damages for surgical errors, even after signing a consent form.
- Birth injuries: Inadequate prenatal care or negligence during birth can lead to severe, even fatal consequences for newborns and their mothers.
- Misdiagnosis: A misdiagnosis of a disease or condition can result in harm to the patient, if the misdiagnosis worsens the patient’s outcome.
- Delayed diagnosis: A delayed diagnosis can occur because of many factors, including inadequate screening. These delays may allow a harmful disease to worsen.
- Failure to treat: Even with a correct diagnosis, sometimes doctors fail to deliver the correct and adequate treatment owed to their patients.
- Medical product liability: When medical products are defective, a treatment issue can begin long before a patient falls ill and visits their doctor. Faulty surgical equipment — including medical products such as meshes, pacemakers, and filters — can injure or even kill patients. In these cases, you may be able to sue the manufacturer for damages as well as the practitioner, depending upon the circumstances.
Contact a trial-ready Houston medical malpractice lawyer at Mithoff Law
Mithoff Law has represented many clients for medical malpractice and has attorneys and subject matter experts that are well-versed in the legal and medical knowledge necessary to pursue such claims.
We have pursued all manner of medical malpractice claims, including claims involving medical specialties as diverse as bariatric surgery, pediatric care, oncology, anesthesiology, and nursing care. The claims we have pursued often involve death or serious injuries, such as quadriplegia, paraplegia, or brain injury. We employ a registered nurse to assist in the review and preparation of claims.
Our team is experienced in navigating the substantial medico-legal hurdles imposed in Texas as a result of tort reform and is prepared to review any potential medical malpractice claim. Let us fight for you.
Call the medical malpractice lawyers at Mithoff Law at 713-654-1122 or request a consultation online.
Oct 2
Admiralty & Maritime
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Oct 2
Chemical Plant Accidents
Houston Chemical Plant Explosion Lawyer
When a Houston chemical plant explosion happens, injuries, loss of life, and damages to property can be staggering. Thankfully, there are safety measures in place to reduce the risk of an accident and experienced personal injury lawyers who can help you explore your options.
The team at Mithoff Law has handled multiple workplace explosion cases ranging from Deepwater Horizon to a sugar plant explosion. We work diligently to hold all parties accountable for any negligence.
If you or a loved one was injured by a Houston chemical plant explosion, call 713-654-1122 or schedule a consultation online to get the help you need.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
What causes chemical plant explosions?
There were more plant and refinery explosions in Texas and Louisiana between 2017 and 2018 than in the previous 5 years combined. Many fires, explosions, and other industrial accidents can often be traced back to:
- Maintenance issues
- Regulatory violations
- Lack of process safety management
- Plant design or construction defects
There are generally a variety of factors that can directly cause or contribute to industrial accidents. Our team leads investigations that include an in-depth analysis of the accident scene, witness interviews, and inspection records to uncover the root and systemic cause of the accident and determine which parties may be responsible.
What makes chemical plants dangerous?
Chemical plants often contain volatile hydrocarbons, liquids, and gases that ignite when exposed to heat or other ignition sources.
Because of the extreme risk involved with working around harmful and combustible chemicals, there are typically many safeguards in place. These safeguard, when followed, are intended to reduce the risk of chemical plant explosions, fires, and other industrial accidents.
Process hazard analysis, job safety analysis, lockout procedures, and the use of safe equipment are a few ways companies can protect their employees.
Governing bodies, such as the Occupational Safety and Health Administration (OSHA) and the Environmental Protection Agency (EPA) have regulations in place for chemical plants to promote safety, and typically conduct their own investigations when a Houston chemical plant explosion occurs.
Common chemical plant explosion injuries
The Department of Labor reports that nearly 3 million people are injured in workplace accidents each year. While Houston chemical plant explosions make up a fraction of the annual injuries, such accidents often result in serious injuries or death.
Plant and refinery fires and explosions can cause:
- Burn injuries
- Broken bones
- Paralysis
- Brain damage
- Amputation
- Back and neck injuries
- Post-traumatic stress
- Death
Medical bills, funeral costs, and lost wages may cost more than the amount of compensation insurance companies or responsible parties offer. If you or a loved one were seriously injured as a result of a chemical plant accident from Deer Park to Crosby, Texas, hire an experienced chemical plant explosion lawyer from Mithoff Law to explore your options.
Other types of workplace accidents
Working at a chemical plant can be a dangerous occupation, but that doesn’t mean responsible persons can get away with causing injuries or death. Today’s workforce shouldn’t have to worry about not coming home at the end of their shift due to another’s fault.
Our team has handled accidents ranging from:
Regardless of where you work and what occurred, our workplace personal injury attorneys are ready to review your case and give you the best legal advice possible.
Why trust a chemical plant accident lawyer from Mithoff Law?
Ricard Mithoff and the team at Mithoff Law are not strangers to high-profile plant and rig accidents; their clients have won millions from large corporations involved in Houston chemical plant explosions.
From the Wyman-Gordon explosion case where 50 acts of negligence caused the death of 7 workers to beating Firestone and Sears in a landmark product liability case, Richard Mithoff has delivered substantial results for his clients.
The Mithoff team also counseled for five of the 15 families suffering a loss of life in the BP Texas City refinery fire and explosion, resulting in tens of millions recovered by injured workers and their families.
While every case is unique, our goals are universal. We strive to get the compensation our clients and their families deserve in the shortest amount of time possible so you can focus on healing while those accountable are forced to focus on their actions.
To put your case in good hands, call 713-654-1122 or schedule a consultation online.
Oct 2
Refinery Accidents
Plant Explosions Lawyer
Plants and refineries are essential components of the Houston economy. But with every plant explosion, Houston plant workers are left in need of answers and assistance as they work to recover and rebuild their lives. The plant explosion lawyers at Mithoff Law are here to help those victims and their families.
If you or a loved one were severely injured or killed in a chemical plant or refinery explosion, consider working with a plant explosion attorney with real experience. Call Mithoff Law today at 713-654-1122 or request a free consultation online to get your case off to the right start.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
What causes chemical plant explosions?
Much like other industrial worksites, chemical plants are subject to OSHA regulations due to their high-risk nature. However, chemical plants and refineries are even more susceptible to accidents, and even the smallest of incidents can have life-long repercussions for victims and their families.
Generally speaking, negligence and human error are the most common causes of plant explosions and accidents. Regulations are in place for a reason, and when these regulations are ignored or otherwise treated with disregard, accidents can happen. Simple steps like employee training, proper supervision, and adherence to OSHA regulations can drastically reduce the likelihood of explosions and accidents.
Types of chemical plant and refinery accidents
In a chemical plant or refinery, even a small accident can have catastrophic results. From disasters that can affect entire cities to life-altering and fatal injuries, chemical plant and refinery employees face a number of significant dangers, including:
- Fires and explosions: Many of the chemicals handled by plants and refineries are highly flammable and their use comes with the risk that they may cause fires or explosions. Typically, worn, dated, or otherwise unserviced equipment is involved in chemical plant fires and explosions.
- Exposure to hazardous substances: Many of the chemicals handled at plants and refineries are completely unsafe for human exposure. Should you come into contact with a hazardous substance, the results can be catastrophic—both at the moment of contact and years after the fact.
- Slips and falls: As a fast-paced, high-stress work environment, plants and refinery employees can easily find themselves in precarious situations. But unlike a regular work environment, slipping and falling in a chemical plant or refinery can have drastic consequences beyond the physical impact of the fall—especially if the accident occurs near chemical containers or sensitive equipment.
The life-altering consequences of chemical plant accidents
Plant and refinery accidents can have big consequences both for plant employees and unsuspecting residents who happen to live in close proximity to the plant, particularly in the event of an explosion.
Due to the high flammability and highly toxic nature of the substances being handled, plant accidents have a variety of severe effects, including:
- Severe or fatal burns: Whether by contributing to a fire or through direct contact with the skin, chemicals can cause severe third-degree burns.
- Brain injuries: In some cases, direct exposure to toxic substances can permanently harm the brain in ways that cause mental disabilities that can make work or normal activity all but impossible.
- Respiratory illness: Inhaling toxic fumes due to an explosion or improper storage of harmful chemicals can result in lung impairment and illness.
- Cancers: Exposure to toxic chemicals can contribute to the development of certain cancers including lung cancer, bladder cancer, and mesothelioma.
Call Mithoff Law if you’ve been affected by a plant explosion
The plant explosion lawyers in Houston at Mithoff Law know how devastating a plant or refinery accident can be to victims and their families. We know how uncertain the future can seem in the wake of such a devastating accident and that you likely have many questions. At our firm, we strive to ease these burdens.
We offer the strategic advantage that comes with decades of experience and a small but professional team. Call a plant explosions lawyer at Mithoff Law today at 713-654-1122 or request a free consultation online.
Oct 2
Defective Products
Your Defective Product Attorney in Houston
Mithoff Law has decades of real experience helping victims of defective products and their families pursue winning cases against manufacturers and other responsible parties. From winning the first jury verdict against against Firestone for defective tires, to facilitating the recall of over 1 million bicycles, to settling claims against multiple aircraft, avionics, and/or engine manufacturers for defective product claims arising out of air crashes, Mithoff Law has extensive experience holding product manufacturers and distributors to account, to ensure that the products they sell are safe and do not pose an unreasonable risk of harm to users.
If you or a loved one was injured by a defective product, call Mithoff Law for a free consultation at 713-654-1122 to get help from one of the best defective product lawyers in Texas.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
Product liability cases in general
Product liability cases can differ from personal injury cases based on negligence. In Texas, attorneys pursuing defective product cases must typically establish that:
- You suffered loss or injury directly from the use of the product.
- The product was unreasonably unsafe or unreasonably dangerous when it was designed, manufactured, or sold.
- You or a loved one was using the product as intended.
- You did not know about the defect before using the product.
Deadlines for bringing product liability cases in Texas
The statute of limitations for defective product cases is generally 2 years in Texas. In other words, these cases are time-sensitive and are best pursued soon after you experience injury or harm from the use of the product. Pursuing a claim soon after you or your loved one receives an injury can also cut down on the number of other people who are injured by the same product.
Product liability claims have another deadline to keep in mind outside of the statute of limitations. In Texas, this deadline is established by the statute of repose, and the deadline typically runs 15 years after the day the product goes to market.
Typical types of product liability cases in Texas
Texas generally recognizes three distinct types of product liability, which may hold manufacturers, distributors, suppliers and other parties accountable for defective products:
- Manufacturing Defects: In Texas, a manufacturing defect typically refers to a product that deviates from its specifications in a way that makes the product unreasonably dangerous.
- Design Defects: In Texas, a design defect typically refers to a condition of a product that renders it unreasonably dangerous as designed, taking into consideration the utility of the product and risks involved in its use. Generally, for a design defect to exist, there must have been a safer alternative design available that would have significantly reduced the risk of injury, and that was economically and technologically feasible at the time the product left the manufacturer.
- Warnings Defects: In Texas, a warnings defect typically refers to a failure to give adequate warnings of a product’s dangers, which were either known or reasonably should have been known to the manufacturer.
Our experienced team and network of experts can assist in investigating and determining what types of product liability may apply to your unique situation.
Working diligently to use every resource available, our product defect attorneys have helped individuals and their families gain fair compensation from the companies that failed them.
Get experienced representation from a Mithoff Law product liability attorney
From our years of experience working with clients who have been injured by defective products, we know how overwhelming it can be to tackle a product liability case on top of recovering from your injuries.
Let us focus on your case for you and other consumers so that you and your family can focus on moving forward.
To request a consultation with a Mithoff Law defective product attorney who has proven capable of winning large settlements and will treat you with the respect and dignity you deserve, call 713-654-1122 or contact us online today.
Oct 2
Auto Product Liability
Defective Tire Attorney
As leading motor vehicle product liability attorneys, Richard Mithoff and his team at Mithoff Law have won million dollar cases against Ford, Sears, and Firestone. If you or a loved one was injured in an automotive accident caused by a defective tire, put your case in the hands of a legal team that has won pivotal cases against the world’s largest tire manufacturers and resellers.
Contact the team at Mithoff Law: Call 713-654-1122 or request a free consultation online today to get started.
“Mithoff has been one of Houston’s most respected attorneys for decades, handling such high-profile cases as the aftermath of the 2010 Deepwater Horizon oil spill in the Gulf of Mexico, Enron-related litigation on behalf of J.P, Morgan Chase and highly publicized bus and plant explosions.”
– Houston Chronicle, June 26, 2019
Our product liability lawyers regularly pursue defective tire lawsuits and have a history of winning substantial settlements for clients battling major tire companies.
In fact, Richard Mithoff won the first successful verdict against both Firestone and Sears in the defective tire litigation relating to Firestone tire recalls. As many as 88 people were killed and 250 injured in crashes that may have been related to the firestone manufacturing defects, and winning that case paved the way to ultimately minimizing the number of future accidents.
In the Firestone case, our client suffered a serious brain injury and fractures to an arm and a leg when the tread came off her rear tires causing her to lose control of the vehicle. It was the first Firestone case to be tried.
In the Bridgestone and Sears case, we were hired by the family of a man who died in a rollover accident caused by a blowout. “We had internal documents that Bridgestone rated the tire a bad performer but they continued to sell it. Sears was aware of the issue and therefore had partial liability. Due to this extensive documentation, we were able to settle before going to trial,” said defective tire attorney, Richard Mithoff.
A $29M Verdict was awarded and Sears was held 35% liable.
What should I do if my tire blowout caused an accident?
After an accident, the first thing you should do is to make sure everyone in the vehicle is safe. Exit the vehicle when it’s safe to do so, and then follow these steps.
- Call 911: Especially when individuals may have sustained injuries, it is advisable to obtain the assistance of first responders and police at the scene of an accident. Police will typically prepare an accident report that a defective tire attorney can use to evaluate your claim.
- Keep your car from being destroyed: The insurance company may want to tow your car and destroy it, but the vehicle may be an important piece of evidence in your case. Request that your insurer advise the impound lot to store the vehicle until your attorney can provide further instructions.
- Document the scene: Identify and document the location of the accident, the tire tread on the vehicle, the location of skid marks, and the names and contact information of witnesses.
- Call a defective tire attorney: A defective tire attorney from Mithoff Law may be able to assist with gathering additional evidence, determining who may be responsible, and preparing your case for trial.
Don’t wait too long after your accident to have your initial consultation with your lawyer. The state of Texas generally sets the personal injury statute of limitations at two years from the date of the alleged harm, and the more time that accumulates between now and the accident, the harder it is to collect evidence.
Tire blowouts
Tire blowouts are among the most common types of motor vehicle product liability cases. The National Highway Traffic Safety Administration (NHTSA) estimates that over 8,000 car accidents every year can be attributed to tire blowouts.
What most people call a “tire blowout” is usually a tread separation. Tread separation occurs when a tire’s belts separate from each other. This separation causes the tread to partially or completely detach from the tire body often causing the driver to lose control of the vehicle.
The more pieces of tire tread you can safely collect from the scene of your accident, the better. Be sure to look up and down the roadway when collecting these, and do not put yourself in danger.
Other types of motor vehicle product liability
While defective tires are often used as an example of motor vehicle product liability due to the awareness created during the Firestone tire recalls, other vehicle issues are also common.
Mithoff Law attorneys’ have assisted with product liability cases that include:
- Airbags failing to inflate or otherwise deploying improperly
- SUVs prone to rollovers and crushed roofs
- Seatbelt failure
- Loss of engine power
- Unwanted vehicle acceleration
Whatever the issue is with a motor vehicle, our team will work to identify the root cause and responsible parties. We have decades of experience working with subject-matter experts to identify automotive product defects, and will work tirelessly to ensure that responsible parties are held to account.
Why does my defective tire attorney want me to collect evidence?
Physical evidence is often crucial to developing and pursuing a product liability claim. Typical issues to be proven in a product liability claim include:
- Whether the vehicle had a defect that made it unreasonably dangerous
- Injury occurred while the vehicle was being used in an ordinary manner
- The defect in the vehicle caused the injury
- Whether the vehicle was in generally the same condition as when it was sold, or had been substantially altered
We ask clients to collect the evidence available to them, only if it is safe to do so, as evidence such as tire tread pieces can disappear quickly after an accident. A person should never put themselves in harm’s way in an attempt to obtain evidence. Our team will search the area thoroughly, but taking pictures and collecting evidence will help expedite the process.
Do I have a motor vehicle product liability case?
If your accident was caused by improper automotive design, defective materials, or other design, manufacturing, or warnings issues that create an unreasonable safety hazard, a skilled defective tire attorney may be able to help you explore your options and build a case.
A defective tire lawyer from Mithoff Law will work to uncover what caused the accident and to get you the compensation to which you are entitled. As home to some of the best defective tire attorneys in the nation, we have experience handling these fact-intensive claims.
If you or a loved one was injured as a result of a motor vehicle manufacturing issue, call a motor vehicle product liability attorney from Mithoff Law at 713-654-1122 or book a consultation online today to speak to one of our product liability attorneys.
