Types of Product Defects You Can Claim in a Product Liability Lawsuit

Friday, November 26, 2021

If a defective product causes an injury, illness or death, an impacted victim has the right to file a product liability lawsuit against the manufacturer or distributor of the item. A product liability lawsuit can be based on a legal theory such as strict liability, breach of warranty or negligence. Three types of product defects can be claimed in a product liability lawsuit. Identifying the type of defect involved in your case can help you understand whether you have a valid claim.

Types of Product Defects You Can Claim in a Product Liability Lawsuit 1

Design Defect

A design defect means that something is wrong with the original design of the product that makes it unreasonably dangerous for consumers to use. There is a flaw in how the item was planned or intended that creates a heightened risk of injury or illness. Even if the item is manufactured and marketed correctly, a design defect can lead to a dangerous product that causes serious consumer injuries. An example of a design defect is an SUV that is designed with a center of gravity that is too high, increasing the risk of a rollover accident.

Manufacturing Error

A manufacturing error refers to any issue or mistake that occurs during the production, creation or assembly of an item. It can describe incidents such as a piece of machinery breaking and leaving pieces of metal in a product or an assembly worker mistakenly adding the wrong ingredient to an edible product. Manufacturing mistakes can lead to many dangerous defects. An example is a batch of cough medicine that gets contaminated with a dangerous chemical during production.

Marketing Mistake

The third type of product defect is a marketing mistake. This can refer to any error with the item’s packaging, labeling, directions, warnings, marketing or advertising that increases the risk of consumer injury. It is a manufacturing company’s legal responsibility to warn consumers of any risks that might not be obvious in association with using a product. If a company fails to properly package or market an item, and this leads to an injury or death, the company can be held liable. An example of a marketing mistake is a child’s toy that has small parts that aren’t safe for infants, but that doesn’t list an appropriate age range on the packaging.

What Is Strict Product Liability?

In a strict product liability lawsuit, a manufacturing company can be held liable for a consumer’s injury or death even without proof of negligence. As long as the plaintiff can show that the product contained one of the three potential defects and that the product caused the injury in question, the manufacturing company will be held financially and legally responsible. The strict liability doctrine exists to protect consumers from having to prove negligence when going up against large and powerful product manufacturers.

Do You Have a Case?

If you or your attorney cannot establish a product liability claim based on the theory of strict liability, there may be other grounds available. You may be able to file a lawsuit on the more traditional grounds of negligence, for example, if you have proof that the defendant acted without reasonable care and that this led to a defective product. You may also be able to file a claim based on a breach of warranty. This means that the manufacturing company made a promise to consumers – such as a safety guarantee – and broke this promise.
If you or a loved one was recently injured because of a defective or dangerous product in Dallas, Texas, contact an attorney from The Law Firm of Aaron A. Herbert, P.C. for a free legal consultation. We can carefully review the details of your accident to determine if you have grounds for a product liability case. If so, we can help you go up against one or more parties in pursuit of justice and fair financial compensation.

Posted by Aaron Herbert at 10:39 am

Can I Hold My Auto Mechanic Liable for Negligence?

Wednesday, November 24, 2021

The integrity of a motor vehicle is vital to the safe and proper control of the car. If something compromises how a vehicle operates, such as negligent or wrongful acts committed by an auto mechanic, and this causes a car accident, the crash victim may be able to file a lawsuit for damages. Finding out if and when you can hold your auto mechanic liable for a car accident in Texas may require assistance from an attorney.

Examples of Auto Mechanic Negligence

In personal injury law, negligence refers to the failure to live up to the expected or appropriate level of care. If one person’s negligence results in injury or harm to someone else – including in the form of causing a car accident – the negligent party may be held financially responsible. Many examples of negligence can result in an automobile accident in Texas. One is the failure of an auto mechanic to properly repair or maintain a motor vehicle.
Examples of auto mechanic negligence include:

  • Faulty or defective repair work
  • Performing a repair that causes additional problems
  • Incomplete repairs
  • Improper tire inflation
  • Damaging a vehicle part in the course of making a repair
  • Failing to diagnose an automotive problem
  • Using low-quality or damaged replacement parts
  • Improperly installing a part
  • Disabling safety features or vehicle functions
Auto Mechanic Liable for Negligence

If an auto mechanic fails to perform in a way that a reasonable and prudent mechanic would have in the same or similar circumstances, the auto mechanic may be guilty of negligence. If the act of negligence leads to conditions that cause or contribute to a car accident, the mechanic can be held liable for related injuries, property damage and deaths.

Lawsuits for Faulty Mechanic Work in Texas

After a car accident, there is typically an investigation into the cause of the crash. If it is discovered that a problem with the motor vehicle caused the accident, and not the driver of the car, the parties responsible for maintaining the integrity of the car will be called into question. This includes the auto repair shop that last worked on the car. If any evidence is found that the auto mechanic was negligent, victims who were injured in the car accident may be able to file lawsuits against the mechanic for financial compensation.
Proving a lawsuit based on the legal theory of negligence requires clear and convincing evidence of the following elements:

  1. Duty of care. The auto mechanic had a legal duty to work on the car according to the accepted standards of care in the automotive industry.
  2. Breach of duty. The mechanic did something that violated his or her duty of care, either carelessly or knowingly.
  3. Causation. The mechanic’s mistake was the proximate or actual cause of the automobile accident.
  4. Damages. The victim suffered compensable damages because of the mechanic’s mistake, such as physical injuries or property damage.

Proving negligence in this type of lawsuit typically requires evidence that a reasonable and prudent auto mechanic would have done something differently in a similar situation to prevent the crash. If a lawsuit against an auto shop or mechanic succeeds, the shop’s garage liability insurance will most likely pay for the damage caused by faulty repairs. All auto shops must carry liability insurance to cover repairs connected to substandard work.

When to Consult With a Car Accident Attorney in Dallas

A car accident case involving alleged auto mechanic liability can be complex. The auto shop may refute liability or try to blame you for the crash. Hiring a car accident lawyer in Dallas to represent you is the best way to protect your legal rights if you believe that a negligent mechanic contributed to your car accident. An attorney will stand by your side through every phase of the legal process when going up against a mechanic to guide you to the best possible resolution. To learn more about your legal rights, contact The Law Firm of Aaron A. Herbert, P.C. today.

Posted by Aaron Herbert at 12:25 pm

Can I Recover Compensation for a Hypoxic Brain Injury?

Friday, November 19, 2021

If you or a loved one has been diagnosed with a hypoxic brain injury, don’t hesitate to contact an attorney in Dallas for a free initial legal consultation. You may be eligible to file a lawsuit against the person or party who caused your brain injury in pursuit of financial compensation. Whether or not you have the right to recover financially depends on the circumstances surrounding your injury.

What Is a Hypoxic Brain Injury?

There are two types of brain injuries: traumatic and acquired. A traumatic brain injury is caused by an external source of trauma, such as a bump or blow to the head. An acquired brain injury is caused by internal problems. A hypoxic brain injury is a type of acquired brain injury. Both types of brain injuries have the potential to be severe or catastrophic, meaning they can inflict permanent brain damage on the victim.
A hypoxic brain injury describes damage inflicted to the brain due to decreased oxygen flow to the brain’s cells. An anoxic brain injury describes a complete loss of oxygen to the brain. Brain cells need a constant supply of oxygen to survive and function correctly. Oxygen deprivation can result in the permanent impairment of a brain cell’s function. After approximately four minutes, oxygen deprivation can cause brain cell death.

Symptoms and Effects of a Hypoxic or Anoxic Brain Injury

There is no such thing as a minor brain injury. A hypoxic brain injury at any level is a condition that must be taken seriously. A hypoxic or anoxic brain injury can lead to short-term or long-term symptoms for a survivor, such as:

  • Headaches
  • Slurred speech or trouble communicating
  • Confusion or disorientation
  • Loss of memory
  • Trouble concentrating
  • Trouble balancing
  • Motor impairment
  • Changes in sleep patterns
  • Personality changes
  • Facial drooping
  • Seizures
  • Loss of consciousness
  • Coma or death

Whether or not a victim can make a full recovery from a hypoxic brain injury depends on the circumstances, the diagnosis and the individual. Treatments such as therapy and rehabilitation may help a patient recover.

Hypoxic Brain Injuries and Medical Malpractice

You may be able to recover financial compensation after being diagnosed with a hypoxic brain injury if there is proof that one or more parties reasonably could have prevented your injury with due care. If a defendant committed a negligent act or omissions and this caused your hypoxic or anoxic brain injury, the defendant may be held civilly liable (financially responsible) for your related losses and damages.
To be negligent means to use less than an appropriate amount of care. Two of the most common examples of negligence in association with acquired brain injuries are medical malpractice and birth injuries. A few types of medical malpractice can cause brain hypoxia. For example, if an anesthesiologist uses too much anesthesia or improperly intubates a patient, this could interrupt the flow of oxygen to the brain, resulting in a hypoxic or anoxic injury.
A birth injury could also cause brain hypoxia. A baby’s brain is delicate while still in development. Any interruption to its oxygen supply before, during or shortly after birth can cause permanent brain damage. If a doctor fails to monitor fetal vital signs and notice that a baby is losing oxygen due to umbilical cord prolapse, for example, the doctor may not react appropriately to restore oxygen flow. If there is proof that any type of negligence caused or contributed to your hypoxic brain injury, you may be eligible for financial compensation.

Contact a Brain Injury Lawyer in Dallas

Always contact a brain injury attorney after being diagnosed with a hypoxic brain injury. An attorney can help you with the complicated legal process, including identifying what caused your injury and fighting for a fair financial recovery on your behalf. Although no amount of money can make up for a brain injury, a positive case outcome can give you the ability to move forward with greater peace of mind. Contact The Law Firm of Aaron A. Herbert, P.C. today for a free consultation about your case.

Posted by Aaron Herbert at 12:36 pm

Was Your Child’s Premature Birth Due to Medical Malpractice?

Monday, November 15, 2021

Premature birth, or a child coming any earlier than 37 weeks of gestation, is a relatively common occurrence that can happen for many reasons, or no known reason at all. One possibility is premature birth due to medical malpractice. If you believe that medical malpractice contributed to your child’s premature birth, you may be entitled to financial compensation through a civil lawsuit in Texas. Consult with an attorney in Dallas for more information.

Common Health Issues Associated With Premature Birth

Premature birth is dangerous, as a child needs enough time to properly and fully develop in the womb before being born. Preterm birth can come with many associated health risks and long-lasting issues, including the individual’s organs not fully or correctly developing. Some of the most common health problems associated with premature birth are:

  • Low birthweight
  • Anemia
  • Jaundice
  • Infections
  • Breathing problems
  • Digestive problems
  • Cerebral palsy
  • Cognitive challenges
  • Vision and hearing problems
  • Failure to thrive/death

Some people experience long-term or permanent disabilities related to premature birth. These disabilities can impact a victim physically, developmentally, emotionally and cognitively for the foreseeable future. Although no amount of financial compensation can reverse these damages, holding a negligent doctor accountable can deliver justice and less financial stress.

Was Your Child’s Premature Birth Due to Medical Malpractice? 4

What Types of Medical Malpractice Can Cause Premature Birth?

If a doctor had the power to prevent a premature birth but negligently failed to do so, he or she could be held responsible for all of the victim’s related losses, including lost quality of life, related medical costs and lost capacity to earn. Your family may have grounds to file a medical malpractice lawsuit in Texas for the premature birth of a child if the physician committed any of these preventable mistakes:

  • Failing to diagnose an abnormality in the cervix
  • Failing to properly treat maternal infections
  • Failing to notice the symptoms of preeclampsia
  • Failing to order bed rest for an at-risk mother
  • Prescribing medications that are dangerous for pregnant women
  • Failing to prescribe medications that could slow preterm labor

The burden of proof in a malpractice case is generally to establish that a doctor-patient relationship existed, that the doctor didn’t act according to the accepted medical standards of care (he or she was negligent), that the doctor’s mistake caused or contributed to the premature birth, and that the victim suffered compensable damages as a result. If the premature birth would not have occurred but for the doctor’s malpractice, your family may have grounds for a lawsuit.

Texas Medical Malpractice Laws

A medical malpractice claim in Texas must be brought within no more than two years from the date the malpractice occurred or was discovered. This is called the statute of limitations. There is also a statute of repose of 10 years. This means that regardless of when the medical malpractice was discovered, a lawsuit must be brought within 10 years of the date of the act. Filing later than your deadline will most likely result in the loss of the right to recover.
Once you file a medical malpractice claim, the burden of proof lies with you, the plaintiff. You or your attorney have the requirement to prove that medical malpractice more likely occurred than not. You must do this using clear and convincing evidence of medical malpractice in connection to your child’s premature birth. It can be difficult to prove a medical malpractice lawsuit in Texas. The best way to protect your family’s rights during the legal process is to hire an attorney.

Contact an Attorney to Find Out if You Have a Case

Your family deserves justice. Working with an experienced attorney can optimize your chances of holding a negligent doctor or hospital responsible and recovering fair financial compensation for your family’s related costs. Find out if your family has grounds for a premature birth lawsuit in Dallas by contacting The Law Firm of Aaron A. Herbert, P.C. today. We offer free initial consultations.

Posted by Aaron Herbert at 11:49 am

How Can a Lawyer Help a Brain Injury Victim?

Wednesday, November 10, 2021

If you or a loved one gets diagnosed with a brain injury after a preventable accident in Dallas, Texas, hiring a personal injury lawyer can help you in many different ways. If you are entitled to bring a brain injury claim against one or more parties for causing your injury, an attorney can stand by your side through every phase of the legal process. A skilled and experienced brain injury lawyer in Dallas can do many things to help you through this difficult time.

Preserving and Collecting Evidence

An attorney can take the necessary steps to investigate the incident that gave you a brain injury and search for signs or evidence of fault. Evidence is crucial for your brain injury lawsuit. It refers to information, photographs, statements and other data that proves that what you are claiming is true. To win a personal injury lawsuit, you need enough clear and convincing evidence to show that the defendant named is more likely than not responsible for causing your brain injury. This is known as a preponderance of the evidence. An attorney can help you collect this evidence before it is too late.

Filing a Claim

Filing a brain injury claim in Texas has an involved process. You must acquire, fill out and submit the required paperwork before the state’s deadline, known as a statute of limitations. This deadline is two years from the date of the injury, in most cases. An attorney can take care of the paperwork and filing requirements on your behalf so that you don’t make any mistakes that could interfere with your ability to recover financial compensation.

How Can a Lawyer Help a Brain Injury Victim? 7

Hiring Brain Injury Experts

Many brain injury cases require a relevant medical expert, such as a neurologist or neurosurgeon, to testify on the plaintiff’s behalf. Medical experts can provide testimony to support key case elements, such as the type of brain injury suffered, the symptoms the victim is experiencing and the victim’s prognosis for recovery. An attorney will have connections to qualified medical experts in your region to help strengthen your claim.

Establishing the Damages

In addition to proving that a defendant is at fault for causing a brain injury in Texas, you will also be required to prove your damages. These are the losses that you suffered in the accident or because of your injury. They may include:

  • Past and future medical expenses
  • Losses of income and earning capacity
  • Pain and suffering
  • Emotional damage
  • Psychological harm
  • Permanent disability
  • Lost enjoyment or quality of living
  • Out-of-pocket costs
  • Punitive damages

An attorney can help you prove your losses through evidence such as photographs, medical bills, an injury journal, expert testimony and eyewitness statements. Then, your attorney can argue for maximum financial compensation for these damages using aggressive legal strategies.

Negotiating a Settlement or Going to Trial

It can be difficult to go up against an insurance company on your own as a brain injury survivor or family member. Insurance companies use many tactics to take advantage of clients, including undervaluing injuries and rejecting valid claims. An attorney can go up against an insurance company on your behalf, either negotiating for a fair settlement or taking your brain injury case to trial, if necessary. Unlike an insurer, an attorney will want to maximize your financial recovery, as he or she won’t get paid unless you do.

Providing Emotional Support

One of the most important benefits of hiring a personal injury lawyer during a brain injury lawsuit is receiving emotional support. Your lawyer will be there to answer your questions, provide counsel that you can trust and protect your best interests every step of the way. Your attorney will be your advocate in all things. You can focus on your recovery or on building a better future for you or your loved one while an attorney handles the legal side of your case. Hiring a lawyer can give you greater peace of mind when you need it the most.
To learn more about how a brain injury attorney can help you, contact The Law Firm of Aaron A. Herbert, P.C. today.

Posted by Aaron Herbert at 11:44 am

The Basics of Spinal Cord Injury Claims

Monday, November 8, 2021

If an accident in Texas gives you or a loved one a spinal cord injury, you may be able to file a personal injury claim. Bringing a claim against the person or a party who is at fault for causing your injury can result in financial compensation for your related expenses and losses. However, a spinal cord injury claim can be complicated and require assistance from a qualified attorney in Dallas. Breaking down this type of case into the basics can help you understand what to expect.

Grounds for Filing a Claim

First, recognize the legal grounds for filing a spinal cord injury claim under Texas law. Not all spinal cord injury survivors have the right to bring causes of action or recover financial compensation. To be able to file this type of lawsuit, you must have reasonable grounds to hold someone else accountable. Three potential grounds include:

  1. Negligence. Negligence is the most common option. It is the failure to exercise proper care, resulting in harm or injury to others.
  2. Strict liability. Strict liability means that someone is financially responsible for an accident regardless of actual negligence or intent to harm.
  3. Breach of warranty. A breach of warranty refers to a failure to fulfill a promise or guarantee.

You must identify your type of case and the legal basis of your lawsuit before you can proceed. If you were injured in a car accident, for example, you will most likely base your claim on negligence. If you were injured by a defective product, on the other hand, you may be able to base your case on strict product liability or a breach of warranty.

How to Prepare for a Spinal Cord Injury Claim

Once you know the legal grounds for your lawsuit, you can start to collect information and evidence to support your claim. Preparing for your spinal cord injury lawsuit in advance allows you to preserve key evidence, such as statements from eyewitnesses before the details become fuzzy. Do your best to collect the following evidence leading up to a lawsuit:

  • Photographs
  • Video footage
  • Copies of accident reports
  • Eyewitness statements
  • Medical documentation
  • Proof of your losses

An attorney can help you collect the evidence that is necessary to prove your claim. The requirement for a successful spinal cord injury claim is a preponderance of the evidence, or clear and convincing evidence that demonstrates that the defendant is more likely than not responsible for causing your injury.

Filing Your Claim

You must file a personal injury claim within your state’s statute of limitations. This is a law that places a deadline on the ability to file. In Texas, the statute of limitations is two years from the date of the accident or injury discovery. You should wait until you reach your point of maximum medical improvement (the point where your doctor believes your spine injury will not improve any further) to file for fair compensation, but be sure not to surpass the time limit.
When you are ready to file, an attorney can help you fill out and file the necessary paperwork in your county’s civil court. On your claims paperwork, you will need to identify the defendant(s), describe the grounds for your claim and list your losses. The defendant will then be served this paperwork and your claim will be initiated.

Compensation Available for a Spinal Cord Injury

Most spinal cord injury claims achieve settlements outside of court. If an insurance provider refuses to treat you fairly, however, your case may have to go to trial. A successful settlement or judgment award could pay you for many losses associated with your injury, including past and future medical bills, lost wages, and pain and suffering. The compensation that your family receives could allow you to move forward with less financial stress.
For more information about spinal cord injury claims in Texas, contact The Law Firm of Aaron A. Herbert, P.C.

Posted by Aaron Herbert at 3:21 pm

3 Home Fire Safety Prevention Tips for Winter

Sunday, November 7, 2021

Wintertime home structure fires are shockingly common in the U.S. They cause thousands of serious injuries and deaths every year. Fire departments respond to an average of 354,400 house fires per year – the cause of about 11,220 injuries and 2,620 deaths annually. The winter months of December through February account for 30% of all home fires. As the temperatures start to drop and you prepare for the holidays, make sure you are not doing anything that could increase your risk of a home structure fire.

What to Do If You’re Injured?

If you suffer an injury in a home fire despite your best efforts to prevent one, act quickly to get yourself to a hospital for professional treatment. Use first aid when necessary to cool and cover burns until you can get help. Run room temperature water (not cold water) on the burned area and cover it loosely in soft fabric to help prevent infections. Let your friends and family members know you survived the house fire. Help get other injured people and household pets to hospitals. Then, get medical care.
Professional health care could help you avoid infection and properly heal your burn injuries. Keep evidence relating to your home fire and burn injuries for an insurance claim later, including medical records and hospital bills. Once you are back on your feet, file a homeowners insurance claim with a full description of your damages and the sum you are demanding to settle the matter. Then, hire a Dallas personal injury attorney to help you negotiate for a fair property damage and/or burn injury insurance settlement.

Be Careful What You Cook

Cooking fires are the number one cause of home structural fires, causing 49% each year from 2013 to 2017. Cooking incidents cause an average of 173,000 house fires, 5,020 injuries and 550 deaths annually. Always supervise the food you are cooking. Leaving food unattended is a leading cause of kitchen fires. Put a responsible, sober individual in charge of cooking or supervising cooking. Drinking alcohol while cooking can drastically increase the risk of a disaster such as a major kitchen fire.

Replace Old or Damaged Electrical Appliances

Old, outdated and defective electrical appliances could spark a home fire in a matter of seconds. Hire a professional to inspect your furnace, water heater, HVAC system and other major household appliances at least once per year for signs of trouble. A professional can clean and maintain your systems to help prevent fire hazards, such as a buildup of dust or grease. If an appliance has wear and tear or damage that increases its fire risk, replace it with a safer model. Before you use an appliance that you have not used in a while, look for outward signs of damage, such as cracked or frayed electrical cords. Electrical failures and malfunctions are the third-leading cause of home fires in the U.S.

Posted by Aaron Herbert at 4:59 pm

What To Do After a Dog Bite

Wednesday, November 3, 2021

What Happens if a Dog Bites Someone?

Dogs provide security, companionship, and unconditional love.  However when a dog rages out of control, dog bite injuries can be serious, permanent and even deadly. There are specific facts and conditions that need to be shown to hold a dog owner liable and you need a Fort Worth dog bite lawyer that knows and understands Texas dog bite laws and what to do after a dog bite.

Traumatic Dog Bite Injury

If you or a loved one suffered a dog bite injury, it can be very confusing and definitely scary. Life changes drastically. You may be out of work while hospital and doctor bills fill your mailbox. You wonder how you are going to pay them. You are in pain and unable to play with your kids, complete your chores around the house, or go out with friends.  There are both physical and psychological scars after a dog bite attack.  Some of the most common injuries associated with animal attacks are as follows:
  • Facial Scarring and disfigurement
  • Nerve damage – paralysis and in severe cases spinal cord injury and paraplegia
  • Eye injuries – K9 trauma sustained to the eye
  • Severe infections including rabies, pasteurella and hepatitis
  • Amputation of the limbs fingers and nose
  • Brain injury due to trauma sustained to the head
  • Broken bones and knee ligament injuries from falling down due to an attack
  • Emotional trauma – individual victims frequently experience bouts of sustained port traumatic stress (PTSD), depression, and anxiety

Compensation After an Animal Attack

When these things happen to you through no fault of your own, you may be overwhelmed by worry and a sense that life just isn’t fair. Victims of serious injuries inflicted by the negligent or intentional acts of others are entitled to full and just financial recovery. But in order to ensure a dog bite victim receives the maximum compensation, steps should be taken immediately after a dog bite injury to deal with a dog bite as quickly and safely as possible.

What to Do After A Dog Bite:

  • Seek medical attention immediately for the injuries and to ensure no rabies shots are needed
  • Get the name and contact information of the dog owner(s)
  • If the bite occurred at a residence or business, get the address and name of the property owners
  • Report your injury to the police and animal control and request a copy of the report
  • Take photographs of your injuries, of the dog and the location where the injury happened
  • Do not accept any settlement or admit fault with the owner’s insurance company
  • Save any clothing damaged by the dog
  • Contact an attorney you can trust 
If you or a loved one have been injured from a dog bite or animal attack, Board Certified Personal Injury Attorney Aaron A. Herbert will explain what to do after a dog bite attack,  fight to protect your legal rights, and seek the compensation you deserve. No fees or expenses unless we win your case, call 24/7 (855) 655-HURT or (210) 435-7968 for a free consultation.
Posted by Aaron Herbert at 2:35 am