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San Antonio Product Liability Attorney

According to the National Safety Council, 2021 saw an almost 7% increase in product liability claims. Their website states that 11.7 million people sought emergency medical care because of defective products in 2021. Most of the products were presumed to be safe. If you or someone you love is hurt because of a defective product, schedule a free consultation with a San Antonio product liability lawyer of The Aguirre Law Firm, PLLC.

Why Choose The Aguirre Law Firm, PLLC?

The Aguirre Law Firm, PLLC, is a San Antonio personal injury law firm with two decades of experience. Our product liability lawyers are dedicated to providing you with representation that is:

  • Attentive and personalized;
  • Honest and competent; and
  • Aggressive and responsive.

At The Aguirre Law Firm, PLLC, our goal is to resolve your product liability claim as quickly and inexpensively as possible. We will fight to ensure you receive the highest compensation possible for your claim.

Schedule your risk-free consultation with a skilled product liability lawyer at The Aguirre Law Firm, PLLC, now! The sooner you speak with one of our San Antonio injury attorneys, the faster The Aguirre Law Firm, PLLC, can get you the compensation you deserve!

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Meet Product Liability Lawyer and Founder Alex Aguirre

alex aguirre

Alex Aguirre is the founder and lead attorney of The Aguirre Law Firm, PLLC. Aguirre has over two decades of experience and has had much success getting his clients the justice and compensation they deserve. Early on in his career, Aguirre was an insurance defense attorney and acquired much knowledge about common tactics insurance companies use against personal injury claims. He now leverages this knowledge and has recovered millions for his clients in doing so. Aguirre has received several honors and awards for his legal expertise, including a “Super Lawyer” ranking from Thomson Reuters, which less than 5% of attorneys in Texas receive. Outside of his legal practice, Aguirre and his team are committed to giving back to the local San Antonio community through support and service.

Client Testimonials

“The Aguirre law firm was very professional. They helped me with my case and services needed. They were fast and worked in a timely manner. Highly recommend this law firm. Every step of the way, they were informative and kept me up to date.”

Efri F.

★ ★ ★ ★ ★

“This law firm did an outstanding job representing me. Not only was I treated with respect but received continuous updates on my case. The friendly staff made me feel welcomed and made it easy for me to recommend them to others.”

Glenn H.

★ ★ ★ ★ ★

Read more testimonials here.

San Antonio Product Liability Resouces

An Experienced San Antonio Product Liability Attorney Can Help You

A product liability attorney from The Aguirre Law Firm, PLLC, will meet with you to review your claim at no cost. If you qualify to file a product liability claim, your attorney will ensure you understand the claim filing process and start your case immediately.

Product liability claims are typically insurance claims filed against corporations and their insurers. These insurers have legal departments ready to defend claims against their clients. You must have an experienced legal team working on your behalf as well.

The Aguirre Law Firm, PLLC, has the knowledge and resources to pursue corporate insurance companies looking to protect their profits. We will do the following and more to build the strongest possible product liability case for you:

  • Provide you with medical, mental health, and accident-related referrals, if needed;
  • Interview witnesses and obtain statements regarding your injuries;
  • Gather evidence related to your accident;
  • Analyze your medical records with experts to determine the full extent and costs of your injuries;
  • Calculate your total losses, including property damage, physical pain, mental suffering, and lost wages;
  • Research recall notices from the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), and independent reports about the defective product;
  • Negotiate a full settlement that covers your current and future accident-related costs;
  • File a product liability lawsuit to preserve your personal injury claim; or
  • Pursue your case in court if a fair settlement is not forthcoming.

At The Aguirre Law Firm, PLLC, we will communicate with you and keep you informed as your case progresses. Product liability claims are complex and take time to construct, so meet with an experienced San Antonio product liability attorney at The Aguirre Law Firm, PLLC, today!

What Is a Product Liability Action in San Antonio?

Chapter 82 of the Texas Civil Practices and Remedies Code defines product liability cases in Texas. It states that a product liability action is “Any action against a manufacturer or seller for recovery of damages arising out of personal injury, death, or property damage that was allegedly caused by a defective product – whether the action is based in strict tort liability, strict products liability, negligence, misrepresentation, breach of express or implied warranty, or any other theory or combination of theories.”

If you believe you may have a product liability action, contact our San Antonio product liability lawyers at The Aguirre Law Firm, PLLC in order to hold the liable parties accountable.

When Is a Product Considered Defective?

A product is considered defective when it is inherently or unreasonably unsafe for normal use. The defect generally falls into one of the following categories:

  • Design defect – This is a flaw in the actual design of the product. This flaw makes it unsafe for normal use.
  • Manufacturing defect – This happens when the design is appropriate, but a flaw occurred when the product was actually created.
  • Marketing defect or labeling defect – This occurs when there isn’t an adequate safety warning, instructions, or side effects. Because it’s missing this crucial information, the product is unsafe for normal use.

A product manufacturer has strict liability, also called strict product liability, over its products, meaning a design defect, a manufacturing error and any marketing/labeling inconsistency is fully the manufacturer’s responsibility. Medical expenses for any serious injuries or wrongful death as a result of a manufacturer’s dangerous product should be fully compensated, covering both physical and emotional damages to those involved.

Common Product Liability Claims

Some of the most common product liability claims in San Antonio are:

  • Vehicle tires
  • Medical devices
  • Prescription medications
  • Appliances
  • Defective auto parts
  • Defective oilfield equipment
  • Defective heavy machinery
  • Power tools
  • Everyday products such as talcum powder and weed killer

If you believe that you have a case, schedule your free consultation with the San Antonio product liability attorneys of The Aguirre Law Firm, PLLC right away.

How Is a Product Liability Claim Proven?

Certain elements must be proven for a product liability claim to be valid. It must be proven that:

  • You received an injury by normal or instructed use of the product
  • The dangerous product that injured you was defective in some way (design, manufacturing, or labeling)
  • Your injury was caused because of the defect existing in the product
  • You used the product the way you were instructed to use it or in the way that it is meant to be used

Compensation Available to Victims of Defective or Dangerous Products in San Antonio

Victims who can prove their injuries resulted from a defective or dangerous product may be entitled to compensatory damages. Compensatory damages may include both economic and non-economic damages. In rare cases, victims of defective products may be awarded punitive damages at trial.

Economic damages are damages with fixed or billable dollar amounts. Economic damages may include:

  • Medical bills and prescription drugs;
  • Physical and occupational therapy;
  • Mental health counseling;
  • Nursing care or long-term facility care;
  • Lost wages;
  • Loss of earning potential; and
  • Property damage.

Non-economic damages are personal losses without calculable costs. However, non-economic damages may be significant in a product liability accident claim and may include:

Punitive damages are only awarded in cases where a defendant’s actions were egregious or without regard to the consequences to consumers. The purpose of punitive damages is to punish or set an example for a defendant and discourage similar behavior in the future.

A jury determines punitive damages at trial. Texas caps punitive damages at the greater of $200,000 or two times the amount of economic damages plus the amount equal to non-economic damages up to $750,000.

Statute of Limitations for a Texas Product Liability Claim

A statute of limitations for a personal injury claim is the deadline by which a lawsuit must be filed to preserve a claim. An injury victim who files a claim outside of their prescribed statute of limitations is typically barred from receiving compensation for their losses.

The statute of limitations for filing a Texas product liability claim is two years from the date the injury occurred or within two years of the discovery of the injury if for some reason it was not immediately known.

Statute of Repose in a Texas Product Liability Claim

A statute of repose is distinct from a statute of limitations. The statute of repose in a product liability claim applies to the amount of time an injury victim has to file a lawsuit against a product manufacturer or distributor.

The statute of repose in a product liability claim is 15 years from the date that a product is first sold. Once 15 years pass from the date a defective product is first sold, a manufacturer or distributor of that product may not be sued in Texas.

While the statute of limitations for a defective product will vary by individual, the statute of repose will be the same for those harmed by the same defective product in Texas. An exception may apply for products with a written warranty.

What to Do if You Are Harmed by a Defective Product in San Antonio

If you or your loved one are harmed by a defective or dangerous product in San Antonio, seek medical attention immediately. Taking care of your injuries and receiving recommended follow-up care from your medical provider is the best way to preserve your health and a future legal claim.

Next, be sure to do the following:

  • Preserve any available physical evidence. If the product is available, keep it, its packaging, and its receipt safe until you can give it to your product liability attorney;
  • Take photographs of injuries, property damage, and the item itself;
  • Write down the names and contact information of witnesses to the accident;
  • Report a defective product or medication to the appropriate authority or the product manufacturer to prevent harm to others. Your attorney can assist you in alerting the necessary authorities;
  • Speak with an experienced product liability attorney right away. You will need a personal injury attorney who specializes in product liability claims.

Product liability claims have a strict deadline. Do not wait to get started on your case. Call the experienced product liability attorneys at The Aguirre Law Firm, PLLC, now for your risk-free consultation!

Contact a San Antonio Product Liability Lawyer Now

Proving both negligence and liability in product liability lawsuits can be difficult, and to recover damages at the maximum compensation available to you takes expertise. The San Antonio personal injury lawyers at Aguirre Law Firm, PLLC are here to help. For more than 20 years, we’ve put our experience to work representing injury victims in San Antonio and the surrounding areas. If you believe that you or a loved one was injured because of a defective product, schedule your free case evaluation with our product liability attorneys now.

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