Defective Products Attorney

Apr 17

Defective Products Attorney

Product liability it a specific area of law created to hold manufacturers, distributors, retailers and any other individual or business that makes products available to the public responsible for any injuries or illnesses their products cause. Similar to premises liability laws and dangerous drugs regulations, companies who make their goods or services public are legally obligated to act with reasonable care and must do whatever necessary to limit preventable and potential harm.

Our firm can help you in determining if you have a valid personal injury claim concerning product liability. Such claims are generally filed on the basis of three categories: manufacturing defect, defective design, and a failure to provide adequate warnings or product instructions. As these cases depend on a variety of different situations and regulations, it is highly recommended that you seek qualified legal representation before filing your claim.

Product Liability in Texas
Under the Texas Civil Practice and Remedies Code § 82.005, the injured party, or claimant, is responsible for proving that their injuries resulted from a defective product. This means that a strong and highly personalized approach must be developed in order for a claimant to be favorably compensated. In addition, evidence must by thoroughly compiled and scrutinized to prove that:

  • There was a safer alternative design
  • The defect produced the personal injury
  • A safer design would have prevented or reduced risk for injury
  • A safer design was possible at the time the product was made
  • The product does not comply with government standards

Common claims of defective products often involve cars and automobiles with unsafe defects, tendencies to flip over or brakes that fail to work properly. Other examples of product liability claims include tire recalls, faulty electronic equipment, dangerous appliance defects and many others. Newspapers and current event publications are often littered with claims, cases and convictions of companies who expose the public to defective products. Because these defective products can be extremely dangers and have the potential to cause life-altering injuries and fatalities, manufacturers must be held liable.

There are many other highly intricate procedures and requirements in defective products cases and the area of law is itself a frequent topic of debate. Legislation, insurance liability policies and product warnings are also very convoluted and open to interpretation. When you add these facts to the overwhelming resources and legal teams of large manufacturers and corporations, the burden of proof becomes incredibly difficult. Our firm has no fear in taking on these companies and their defective products because we want victims to receive the compensation they require and help keep the public safe from the negligent practices of business and manufacturers.

Work With Us to Fight Unsafe Products
By having our firm help you file a personal injury claim on the basis of product liability laws, you can give yourself the best possible chance for a successful resolution and can help make a real difference by keeping other consumers safe from harm. Bringing defective products to the attention of the law can also help ensure that unsafe goods will be recalled or properly fixed and that others who use the products may avoid injuries. It’s a win-win situation for everyone involved and The Ferguson Law Firm, P.C. knows we have the skills, talent and work ethic to help make it happen.

If you became sick or were injured because of a defective product, we strongly suggest you bring the situation to the attention of our experienced legal team. Do not let these large manufacturers intimidate you and do not allow yourself to be poorly compensated for your injuries. They must be held responsible for the injuries they have caused and make their defective products safer for everyone. To discuss your product liability case, contact us as soon as possible.

Mar 4

Dram Shop Liability Attorney

What is a dram shop?
If you are not familiar with the term dram shop, you are not alone. A dram shop is a legal term used to describe any establishment that sells or serves alcoholic beverages. This can include any bar, tavern, restaurant, liquor store or other form of business that sells alcohol. The word comes from an old term referring to shops that sold distilled spirits by small units of liquid called drams. Liability and regulations for dram shops are governed by a specific body of law that can differ from state to state. In Texas, establishments are prohibited from selling to minors and from serving visibly or seriously intoxicated customers. If you have ever seen someone get cut-off in a bar, you’ve witnessed dram shop liability laws in action.

As opposed to premises liability laws, the legislation which regulates dram shop and alcohol laws were developed primarily to protect patrons and other third-party individuals from being injured or killed as a result of alcohol-related accidents, specifically auto accidents caused by drunk drivers. In recent years, the federal and state crackdown on DUIs and DWIs has led to increased concern and enforcement over the ways businesses are allowed to serve alcoholic beverages. In fact, the first Texas Dram Shop Act did not become law until 1987.

Advocacy groups such as Mothers Against Drunk Driving, or MADD, have also contributed to stiffer laws and harsher penalties. According to MADD, dram shop laws were not designed to decrease personal responsibility, and punishing establishments for over serving customers does not mean individuals are no longer liable for their actions. Punitive damages are often charged to both drunk drivers and serving establishments in order to punish their actions and to cause them to rethink their practices.

Personal Injury Claims and Dram Shop Liability
Under § 2.02 if the Texas Alcoholic Beverage Code, establishments are explicitly prohibited from selling alcohol to customers who are “obviously intoxicated to the extent that [they] presented a clear danger to [themselves] and others.” Dram shop laws are extremely serious and state government takes an active role in reducing the number of alcohol related injuries and fatalities on Texas roadways. When injuries result because establishments fail to obey dram shop laws, personal injury claims can be filed.

The Ferguson Law Firm, P.C. has worked with many cases involving dram shop liability and injury-causing accidents. In the past we have provided legal representation for the wife of a man who was permanently disabled after his vehicle was hit by a drunk driver who had been over served by a nearby bar. Because of the drunk driver and irresponsible bar, the wife was left to take care of her paralyzed husband and their small children. Situations like these are sad, tragic and truly unnecessary, and in the event that they happen, innocent victims and their families have every right to be fairly and adequately compensated.

First-Rate Trial Lawyers
If you or a loved one were involved in an accident caused by a driver who had been over served or if you were injured as a result of a business failing to act with reasonable care according to dram shop liability laws, you may be entitled to receive compensation. It is recommended that you seek legal aid as soon as possible after the accident to ensure that your case will have the best chance of obtaining a successful outcome. Dram shop liability is a relatively new area of law in Texas, and it is best to have the experienced legal assistance our firm can provide to tackle any discrepancies that may arise.

Feb 25

DWI – Accidents and Injuries

There is no simpler way to put it: drunk driving will not be tolerated. Federal and state governments and countless organizations have ushered in a new era of DWI laws and are making extensive efforts to change the way we view drinking and driving. Increasingly stiff penalties have reduced the number of DUI and DWI cases nationwide, but Texas continues to lead the nation in drinking and driving deaths which accounts for almost 50% of all traffic accident fatalities. Someone is either hurt or killed in a traffic accident involving alcohol nearly every 20 minutes in the Lone Star State.

These sobering statistics have earned a great deal of attention and have contributed to the development of many new laws and liability regulations. For example, dram shop liability laws were created to hold establishments that sell alcohol responsible for serving minors or over-serving visibly intoxicated customers. Dram shop laws do not free drunk drivers from liability, and when accidents are caused by someone who is under the influence, they must be held responsible.

Helping Victims
As unfortunate as it is to say, The Ferguson Law Firm, P.C. has seen our fair share of alcohol-related motor vehicle accidents. We have worked closely with victims and families whose lives were horrendously and permanently altered because of accidents caused by individuals driving while intoxicated. One of the cases we have worked on involved a woman whose husband was permanently disabled after his vehicle was hit by a drunk driver. The driver had been over served by a local bar. Because of this, both the drunk driver and irresponsible bar were prosecuted and convicted for their severe negligence. Substantial compensation was recovered on behalf of our client, but it only serves as partial consolation for a woman left to take care of her paralyzed husband and their small children.

Establishing close relationships with clients who have experienced similar situations, listening to their stories and eventually providing them with the justice and compensation they deserve helps us to know that we are doing the right thing. Nothing is more unfortunate than when victims injured in drunk driving accidents are not able to pay for the necessary medical treatment their injuries require. Our firm makes it a point to defend against unfair compensation and will do what it takes to ensure that justice is served.

The Ferguson Law Firm, P.C.
Have you or a loved one been injured in an accident caused by a drunk driver? If so, contacting a personal injury attorney from our firm immediately after the incident can ensure that you have the best chance of receiving the compensation you require and that you will be fairly reimbursed for any medical procedures, treatment, therapy or emotional damages you suffered. Compensation in drunk driving cases varies from case to case, and dram shop liability laws can complicate liability issues. To discuss the circumstances of your accident, fill out a free case evaluation form or call the firm directly.

We know these can be some of the most difficult times in your life, and we want it to be known that we are here to help in any way that we can. Not only can our firm provide you with experienced legal assistance when filing a claim, we make ourselves easily accessible. When you have questions, we have answers. When you have a problem, we find a solution. Even if you have an emergency related to your case, or a new case, and need to speak with an attorney at 2:00 a.m., we will answer. Dedication, commitment and fighting aggressively to defend the rights of our clients have always been our firm’s priorities.