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Types of Product Liability
From the famousMcDonald’s coffee caseto multiplenationwide auto recall, product liability cases usually hit the national headlines only when someone is severely (or unusually) injured. However, each year, a whopping 34 million people are injured by a dangerous or defective product, and most of these cases never make the news.
Not allproduct liability claimsare created equal, and some cases are much harder to prove than others. Read on to learn more about the similarities (and differences) between the three main theories of product liability.
Design Defects
Design defects mean that the product, as planned and manufactured, is unreasonably dangerous or defective. Design defects are universal in that a product that is defectively designed for one person will be dangerous toanyperson – although not every person who uses the product will necessarily be injured. Many class-action product liability lawsuits involve products with a defective design.
Design defect lawsuits often involve prescription drugs and other pharmaceuticals. Even when a new drug is extensively tested before it hits the market, patients may suffer unexpected combinations of side effects that can have serious and sometimes fatal consequences. Lawsuits filed in the wake of these drugs’ release often allege that the manufacturers should have tested the drugs more thoroughly or on a broader population of test subjects.
To establish that a product was defectively designed, you’ll often need the testimony of an expert witness—someone with a background and experience in the field who can point out each of the design flaws and how they could have been eliminated or made safer.
Manufacturing Defects
In other cases, a product designed to be perfectly safe may be dangerously damaged during the manufacturing process. Manufacturing errors can often go unnoticed until someone using the product is injured, and often affect just a small subset of the total number of products made.
Many of the recent salmonella and e. Coli lawsuits against food manufacturers and distributors are based on a “manufacturing defect” theory of law. While these foods themselves weren’t defective when they were grown, during the picking, cleaning, packing, and shipping process, they were exposed to dangerous microorganisms that can cause serious illness to anyone who consumes them.
Determining whether a product has been defectively manufactured is sometimes clear-cut. But in other cases, it can be a tough investigation, and it often isn’t until multiple people are injured that these victims realize that they’re not alone.
Marketing Defects
The marketing defect category is often better known as the “failure to warn” defect. These defects occur when a product is designed and produced correctly but has an inherently dangerous trait that wouldn’t be obvious to the average user.
Many of the warning labels on products today are a result of successful marketing-defect lawsuits. Once a product has been proven to lack a necessary warning label, manufacturers will rush to include these warnings on future products to avoid further legal liability.
Recovering Damages in Product Liability Cases
To recover damages in a product liability lawsuit, you’ll have to establish three factors: (1) the product was designed, manufactured, or marketed in a defective manner; (2) the manufacturers or distributors knew, or should have known, about the product’s defect; and (3) you suffered tangible injuries when you used the product.
Proving even two of these three factors won’t be enough to tip the scales in your favor. For example, if you can show that a product was defective and that those who sold it should have known of this defect, but you weren’t actually injured, you won’t be entitled to damages. And if you show that you were injured by a defective product, but there was no possible way for the manufacturers to anticipate or prevent the defect, the manufacturers won’t be held liable.
If you or a loved one has been injured by a dangerous or defective product, theexperienced personal injury lawyersatThe Dashner Law Firmcan help. Give them a call or fill out the quick contact form on their website to set up your free, no-obligation consultation today.
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Recent Settlement: $200,000
Slip and fall in Tarrant County, Texas on a sidewalk after a business left their sprinklers on overnight when the temperature got below freezing, which resulted in significant soft-tissue injuries. (Pre-Litigation costs were $1,327.13 and attorney's fees were $66,666.66, medical bills and liens $7,131.92, net to client $124,874.29)
Recent Settlement: $305,000
(Policy Limits) Motor vehicle collision in Harris County, Texas resulting in multiple lumbar and cervical herniations and corresponding neck and back surgeries. (Pre-litigation costs $1,105.03 and attorney's fees $101,666.66, medical bills and liens $98,989.93, net to client $103,238.38)
Recent Settlement: $337,500
Bicycle wreck where client suffered fractured wrist and corresponding surgery. (Pre-litigation costs were approx. $1858.79, and attorney's fees were $112,500, medical bills and liens $18,017.59, net to client $205,123.62.)
Recent Settlement: $300,000
Pit Bull attack with disfiguring scars to client’s upper arm. (Pre-litigation costs were waived, attorney's fees $90,000, medical bills and liens $4,807.19, net to client $205,192.81.)
Recent Settlement: $227,000
Slip and fall in a restaurant in Tarrant County, Texas that resulted in a serious elbow injury and surgery.(Litigation costs $13,139.11 and attorney'’s fees $80,800.00, medical bills and liens $16,871.29, net to client $116,189.60)
Recent Settlement: $250,000
Motor vehicle collision, which resulted in a severe knee injury and rotator cuff tear. (Pre-litigation costs were approx. $1,000 and attorney's fees were $83,333, medical bills and liens, $70,071.07, net to client $95,044.29.)
Recent Settlement: $79,500
Motor vehicle wreck where client suffered soft tissue injuries (Pre-litigation costs were approx. $701.06, attorney's fees $26,500, medical bills and liens $15,987, net to client $36,311.94.)
Recent Settlement: $950,000
Motor vehicle collision involving a drunk driver, which resulted in a fractured shoulder and pelvis. (Pre-litigation costs were approx. $13,500 and attorney's fees were $316,666, medical bills and liens $44,568.90, net to client $531,225.13).
Recent Settlement: $735,476
Motor vehicle collision involving an uninsured driver. Client suffered severely fractured leg and corresponding surgeries. (Pre-litigation costs were approx. $1629.05, and attorney's fees were $245,158.81, medical bills and liens $84,916.62, net to client $403,771.97.)
Recent Settlement: $450,000
Personal injury lawsuit involving a slip and fall, which resulted in a fractured ankle and reflex sympathetic dystrophy (RSD). (Litigation costs were approx.. $11,250 and attorney's fees were $180,000 medical bills and liens $52,758.23, net to client $241,950.06.)
Recent Settlement: $2,000,000
Wrongful death 18-Wheeler motor-vehicle collision in Martin County, Texas. (Pre-Litigation costs were $12,397.69 and attorney's fees $666,666.66, zero medical bills or liens, net to client’s family $1,320,935.65)
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Client Reviews
22:37 18 Dec 23
Fantastic law firm.Excellent advice and representation. Iliana, Michelle and Stefanie were not only very knowledgeable but also warm and caring. My case had alot of odd circ*mstances and these ladies went above and beyond. Case was settled, very happy with the results.Need an attorney give them a call you won't be disappointed.
20:03 07 Dec 23
Blake t. Very good nice thanks so much
02:09 28 Nov 23
The Dashner law firm worked my trip & fall case & I’m very grateful. Mr Dashner kept me informed me every step of the way! I definitely recommend their services! Thank you Mr Dashner
21:22 13 Nov 23
The Dashner Law group From start to finish of my case everyone at the firm worked on my case. Answered each of my emails with a quick detailed response. The Dashner Law & his team got me more money than I thought I was gonna get. My trust & confidence in this particular law firm goes beyond every expectation. I want to thank everyone personally especially Iliana, Michelle and Tina for helping & closing my case.
19:52 08 Nov 23
Thank you to the dashner law firm for representing my case. I am 100% satisfied with the service and would recommend to anyone needing help with anything.
19:43 08 Nov 23
I was involved in a slip and fall recently while I was still underage. Thank you to Geoffrey and Iliana for working with me throughout my case and making sure I was in good hands every step of the way.
19:41 08 Nov 23
I’m extremely thankful to the dashner law firm for solving my case. Iliana and her team were especially helpful communicating thoroughly and clearly throughout the whole cast and answering any questions or concerns I had. I would highly recommend the dashner law firm to friends and family.
17:32 26 Oct 23
Good lawyers.. really good help
22:00 07 Oct 23
I’ve recently gotten into a car crash. I was lost on who to ask for help. Came across the dashner law firm, iliana & her team were very on point with communicating till my case was closed. In result of that I highly recommend!
19:36 05 Oct 23
Very glad I got in touch with Mr. Dashner after my auto accident. I realized I needed counsel after talking to the other party's insurance and they weren't very clear about paying for my medical expenses.The settlement in my case was more than expected. Mr. Dashner and Tina helped to get me as much as possible with the insurance. I would not hesitate to recommend Dashner Law Firm to family and friends.
19:50 29 Sep 23
Got me my money quickly. Very nice
15:42 25 Sep 23
I would like to thank The Dashner Law Firm in particular Iliana & her team very professional and most importantly very concerned of my well being she kept me informed about my case from start to my settlement…I highly recommend The Dashner Law Firm to my family & friends! Outstanding service.
Very helpful and professional
22:19 21 Aug 23
Muy recomendable esta firma de abogados ayudaron mucho en el caso de accidente de mi papá, en especial Iliana es una persona muy amable y siempre nos ayudo en todas las dudas que teníamos, Iliana hizo que el proceso fuera más fácil porque ella habla español.
14:49 01 Aug 23
Amazing!!! Helped get my car fixed, whiplash treated, and then a year later was surprised with a settlement check that’s a godsend!! So grateful for Mr. Dashner
21:40 25 Jul 23
Daniel was so friendly and kind. I highly recommended this law firm. My case got closed in less time than I expected. (Less then a year)
13:45 10 Jul 23
Very professional. Helped every step of the way. I was able to talk to him every time I needed to.
17:28 03 May 23
Attorney Hollingsworth is great to work with and was super responsive and addressed our needs. Thank you so much for listening and being so effective at your job!!
21:37 28 Apr 23
Mr. Dashner is an excellent attorney with wonderful staff. I HIGHLY recommend him.
19:03 27 Apr 23
Great people always keeping you in the loop easy to work with.
20:00 21 Apr 23
Blake is an exceptional attorney at Dashner Law, he is very professional and timely, his entire team is very cordial and eager to help in my very specific needs. I am truly appreciative of the guidance of Blake and the team
18:03 11 Apr 23
This is an awesome firm to work with. You will not regret your time with them!
15:12 25 Feb 23
These guys really helped me get through a bad time after my accident. Thank you Tina! Thank you Geoffrey Dashner! Highly recommend them for their experience, communication and track record of success.
17:54 17 Feb 23
Everyone was nice and professional ..process was speedy..would definitely refer The Dashner Law Firm to my friends and family!
23:33 15 Feb 23
I have worked with firms in the past that were advertised on the radio or billboards and I felt like a number-just a means to an end and sometimes forgotten. The Dashner Law Firm is the complete opposite. They are amazing.When I called the day after my accident, I expected to get an answering sevice but Geoffrey answered himself. He was polite and engaging and the rest of the office followed suite. Their focus was on me and my best interest. This is a firm of integrity and transparency. It was a really great experience.
22:55 06 Feb 23
The whole process was stress-free from start to finish.They are very responsive, respectful, and extremely efficient.From the beginning of my case all the way through my case being finalized, I was pleased with the whole process.Iliana, Tina and Maira handled the closing process and They are amazing!!They went above and beyond for me.Every email Iliana & Tina responded right away, they even expedited my final payments so I could have extra cash to pay my school tuitionI highly recommend them to anyone who was involved in a car accident.They are absolutely the BEST!!!
23:00 06 Jan 23
Professional staff!
23:02 05 Jan 23
I had previously left a one star review because, come to find out, the medical provider I went to for treatment after the collision was talking about balance billing me. Mr. Dashner himself called me and explained to me that they can’t do that and told me he would call them and straighten that out tomorrow. I appreciate him taking the time to call me and find out why I wasn’t happy and make sure the place I went to for treatment isn’t trying to pull a fast one one me.
20:14 05 Jan 23
These guys are great! I used them to help me with a rear end car accident. I am very happy with my attorney Mr Hollingsworth. Thank you guys!
14:27 17 Oct 22
I was on the highway and I got clipped by an 18 wheeler. My case was complicated and I needed a lawyer who works on a lot of truck cases. Dashner Law did a great job for me and I am glad I called.
03:41 07 Jul 22
Thank you so much to The Dashner Law firm. Gracie and Blake were extremely helpful to me during this whole process. They made sure to keep me informed with every detail of my case. They executed and applied the most pressure to get me the best outcome. Patience is key :) I will always recommend this law firm as they have always gone above and beyond for me and my family.
21:56 10 Jun 22
Great job Guys good luck 👍
19:22 01 May 22
Dashner Law Firm did a great job with my case! They act with integrity and worked tirelessly to solve my case with the best outcome. They overcame several obstacles along the way and delivered that best outcome I was hoping for. I am very pleased and grateful for everything they did for me. I unequivocally and strongly recommend The Dashner Law Firm.
23:24 11 Mar 22
Thank you to The Dashner Law Firm for handling my case. I was 100% satisfied! Special thanks to my case manager Iliana and Gracie for keeping me informed and always willing to answer any questions I had. Both ladies were great! Highly recommend.
18:16 07 Mar 22
Incredible office and friendly staff that helped me sort out my claim quickly and efficiently. I would highly recommend this firm to anyone.
18:56 27 Jan 22
The Team at Dashner Law firm really helped me get back up on my feet after my car wreck left me feeling like a pretzel. Cant say enough good things about them.
18:20 21 Dec 21
Estoy contento con la ayuda profesionalque me brindo y la asistencia en todo momento que yo llamaba para hacer preguntas tanto el personal como el abogado,les doy muchas gracias por todo y les deseo una feliz navidad y próspero año nuevo.pastor José A.Rivera
17:39 17 Dec 21
The Dashner law firm team made my process very easy and held my hand along every step.All I did was work on recovering from my accident, And the Dashner team did the rest. I will highly recommend them for anyone that’s looking for a great law firm.
06:11 16 Nov 21
Same day service
18:18 12 Nov 21
Blake Hollingsworth: professional, personable, and honest was amazing. He was supportive and understanding in pursuing my case, and provided the assurance and confidence needed. He’s a tiger in the legal arena.And Gracie was incredibly wonderful. She is the epitome of kindness and supportive. Truly professional with a warm and helpful smile and attitude. This is a great team!!!!
11:02 06 Oct 21
So far i am highly impressed! I have been speaking with them on several occasions, they always are helpful and answer my questions. They haven't collected any money from me!Amazing customer service!
17:01 09 Jul 21
Nuestra familia usó el bufete abogado Dashner la asistente que trabaja para el señor Dashner llamada Iliana es una persona increíble respondió las preguntas y los correo electrónico de inmediato y se aseguró que estuviéramos lo más satisfecho con el resultado de el casó yo recomiendo a este abogado para accidentes automovilísticos y daños personales.
01:54 07 May 21
Dashner Law Firm really help me out in a tight spot! Thank you
21:34 25 Mar 21
Very knowledgeable and take charge person, all about his clients! Great person! Would highly recommend his firm!
16:30 26 Feb 21
Illiana was my paralegal she was very helpful answered all my questions. Called me back just check on me. I was very pleased. Keep up good work.
22:42 09 Nov 20
Dashner Law Firm resolved my case within a timely manner, staff is professional, very knowledgeable, and responsive. Thank you Dashner Law Firm for all of your hard work!
10:31 28 Oct 20
I was injured in a car accident and Mr. Dashner and his associates took very good care of me. I thank them for working digently and taking the time to help me when I needed it the most...Again,Thank you!!!
20:58 19 Oct 20
Could not be more pleased with the service from the Dashner Law Firm and the outcome of my case. I was involved in an accident and was hit from behind while at a stop light. Dashner was helpful, thorough and professional throughout the entire process of engagement to settling my case. I highly recommend them. Eugene Teagle and Gracie Ibarra in particular were AMAZING to deal with. Pros all the way. Thank you Dashner Team.
19:53 06 Oct 20
Highly recommended.. gracie treated me very well as well as all the staff..!!
23:16 19 Sep 20
I hired the Dashner Law Firm to represent me in an auto accident that I was in that resulted in a lot of medical bills. The insured that hit me didn’t have the coverage to cover all of the bills. The Dashner Law Firm worked with the hospital, doctors and chiropractic firms to reduce the amount I owed and was able to settle with the insured’s insurance company to get them all paid. The process was easy and they were extremely professional. I would highly recommend the Dashner Law Firm.
18:19 26 Mar 20
I had a really good experience, they made it easy. Always upfront and honest. Very friendly and answered all your questions and concerns. I got my settlement and I am super excited. Thank you Dashner Law Firm🥳🤗
21:57 18 Mar 20
I highly recommend Mr. Dashner and his professional law firm. If you require legal representation or advice look no further. Mr. Dashner and his team of professionals work very hard to make sure you have winning results. Great service, great work ! Thank you again Dashner Law Firm!
18:51 04 Mar 20
One of the few Personal Injury attorneys out there that treats his clients like clients and not numbers. Truly the best in the game. Only person in the industry I'd literally trust my family with. Highly recommend.
17:31 05 Feb 20
Great attorney's and staff .
17:25 05 Feb 20
Excellent service
17:23 05 Feb 20
I recommend The dashner Law Firm! They do everything to help you along the way and make sure your taken care of. The best part is that they speak Spanish 👍🏻
17:20 05 Feb 20
Great experience with Dashner Law Firm ,kept me informed and updated about my case ,and very good about returning my calls as well . Definitely recommend them to anyone.
17:18 05 Feb 20
Top notch lawyer and their customer service is unmatched!
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Our Texas Injury Law Offices
We have locations in three major cities. If you are in the need of a personal injury attorney, contact Dashner Law Firm today!!
4500 Fuller Dr #209, Irving, TX 75038
4275 Little Rd, #205, Arlington, TX 76016
813 N Main St #608, McAllen, TX 78501
