Victoria Product Liability Attorneys
State & Nationwide Representation for Defective Product Injuries
Product liability deals with injuries resulting from the use of a product that is unsafe due to its design, the manner in which it was manufactured (a manufacturing defect), or the manner in which it was marketed (insufficient warning instructions).
When a consumer is injured by an unsafe product, the manufacturer can, under certain circumstances, be held accountable. If you were injured by a defective product, you may be able to sue the seller or manufacturer for negligence or strict liability. The Victoria product liability lawyers at Cole, Cole, Easley & Sciba, P.C. offer legal guidance to individuals and families who are considering filing a product liability claim.
Injured by a defective product? Contact our experienced Victoria product liability attorneys at (361) 678-3233 for a free consultation today!
Common Types of Product Defects
In product liability cases, there are three main types of defects that can lead to injuries:
Design Defects
- A design defect occurs when the product is inherently unsafe due to its design, even before it’s manufactured.
- Example: A car with faulty brakes due to poor design, which makes it prone to accidents.
- Injuries: Design defects can lead to serious injuries, as the product is unsafe by nature and may cause harm during its use.
Manufacturing Defects
- A manufacturing defect happens when a product is designed safely but becomes dangerous due to mistakes or flaws during the production process.
- Example: A batch of toys with small parts that are improperly assembled, causing choking hazards.
- Injuries: Manufacturing defects may cause injuries when the product is used as intended but performs improperly due to production errors.
Marketing Defects (Failure to Warn)
- A marketing defect refers to improper labeling, failure to provide adequate warnings, or misleading instructions about the product.
- Example: A cleaning product that doesn’t warn users of the harmful chemicals inside.
- Injuries: These defects may lead to harm when consumers misuse products because they were not adequately warned about potential dangers.
Who Can Be Held Liable in Product Liability Cases?
In product liability claims, several parties could be held responsible for injuries caused by a defective product:
- Manufacturers: If a product was designed or manufactured improperly, the manufacturer can be held accountable.
- Distributors: Those who distribute or sell the product may also be liable if they failed to catch defects before selling it to consumers.
- Retailers: Retailers can be held liable if they sold a defective product without warning customers of its risks.
- Third-Party Contractors: Sometimes, the defect arises due to a third-party contractor who was involved in the design or production of the product.
Each of these parties may be held responsible depending on the specifics of the case.
The Importance of Evidence in Product Liability Cases
Evidence plays a critical role in proving that a product was defective and caused harm:
- Photographs: Pictures of the defective product and the injuries sustained can serve as strong visual evidence.
- Medical Records: These documents show the injuries caused by the defective product and the necessary treatment.
- Expert Testimony: Experts, such as engineers or safety professionals, can provide technical insights into why the product is defective and how it caused the injury.
- Product Inspection Reports: Reports from product inspections can help prove that the defect existed in the product at the time of purchase.
It’s crucial to preserve the defective product, gather medical records, and document the injury. The more detailed the evidence, the stronger your case will be.
Strict Liability Claims
Strict liability means that a consumer has the right to not be injured if he or she uses the product the way it was intended to be used and according to the manufacturer’s instructions. The consumer must show that the product was unreasonably dangerous and defective. Typically, manufacturers defend their products by claiming that the consumer used them improperly, failed to heed warnings or follow instructions, or altered the products.
Strict liability and negligence are difficult to prove in court. It is extremely important to seek legal counsel regarding the particulars of your Texas product liability case.
Testimonials
Local Knowledge, National Reputation
At Cole, Cole, Easley, & Sciba, P.C., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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I have gone through hell in the family court system in Texas against the father of my children, who is an attorney in our community with abundant legal resources. After years of fighting for my children, I was unjustly put in criminal contempt for not bringing my daughter to soccer practice despite following the custody agreement and the advice of my attorneys at the time. I asked about appeal options, and while the attorneys felt my case was justified, they said it would be a waste of my time and money and that only two percent of cases win on appeal. However, as a mother and a teacher, I wanted to clear my reputation and fight for what’s right. I hired a law firm to file a mandamus with the Court of Appeals, but the court denied our petition. Not wanting to give up, I decided to go to the Texas Supreme Court. After consulting with a few attorneys who were very discouraging and didn’t want to take my case, one referred me to Attorney Sam Cole. Sam told me my case was a long shot but agreed I was right and would fight for me if I wanted to proceed. He worked with me on my case and on a payment plan that worked for my situation. He always explained everything and answered questions with patience and understanding. He thoroughly researched all that had happened and the law that surrounded the issue. Sam treated me as a person and not just a paycheck, and had I lost in the Supreme Court, I would still be writing this review. However, the Supreme Court did rule in our favor, and after more than 2.5 years of this hanging over my head, I am completely vindicated. I hope the outcome of my case will help prevent this from happening to others in the future.Pamela J.
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Jim has provided legal counsel for me in several situations. I felt well-represented in a very professional way. The most difficult one was when I broke my neck in a car wreck. The insurance of the responsible party did not want to pay anything close to the amount I felt they owed. Jim led me through the process. It was a difficult case, but we settled during negotiations. I was impressed with Jim's guidance and support, and I was very pleased with the settlement. He is a great attorney!Cheryl O.
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My family has used the firm since 2005. As a small business owner, they have helped us deal with many different matters. Among other attorneys, we have dealt with Chuck Cole most often. All the staff has been courteous and professional. We have found them to be an honorable law firm that offers sound advice.Glenda N.
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Professional group that actually cares about the best outcome for their clients. They are not concerned about what they can get out of it, rather, they are concerned that the client gets the fairest outcome. Keep you informed and very considerate about how you feel in certain situations. They make sure you are comfortable with every aspect before moving forward.Bobby G.
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Selecting this group to represent me in a legal matter was the best choice I could have made. They are very thorough and responsive to any and all questions and matters regarding my case. Thanks to them, I received the best customer care.Bryanna R.
Our Values
What Our Work Means To Us
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Client FocusWe communicate with clients clearly and tell them candidly what they can expect, given the specifics of the case.
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Community FocusWe believe in giving back to the Victoria community. We support various organizations financially and with our time.
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Local KnowledgeIn 1954, Emmett Cole, Jr., returned to the crossroads area to found our practice after working a year at a Houston law firm.
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National ReputationWe have provided effective, ethical legal representation throughout Texas and nationwide for more than 50 years.
