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 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.
