Product Liability Lawyer in Austin, TX
Product manufacturers and retailers have a legal obligation to deliver safe products to consumers. Unfortunately, some 34 million individuals are injured or killed every year due to defective product-related incidents, and the collective annual cost of these injuries is estimated at $12 billion. When a manufacturer releases a harmful product into the marketplace or a seller places a defective or dangerous product in the hands of an uninformed consumer, the possibility of large-scale harm becomes very real. For this reason, all entities along the manufacturing and distribution chain, from the product’s designer to the wholesale retailer who supplies the product to smaller merchants, could potentially be held liable in a product liability claim.
What constitutes a product liability?
Three types of defects can give rise to a product liability lawsuit, and they are distinguished by the point along the manufacturing and distribution chain at which they occur. Design defects are flaws in a product’s intentional design that render it potentially dangerous. An unstable high chair for an infant, for example, could cause serious injury if it tips over easily, or an automobile brake system constructed with components that wear too easily or break due to their positioning could potentially cause serious accidents that injure many. This type of defect affects a product from the very beginning, so if it is not detected before the product is released to the public, there is nothing anyone further down the manufacturing and supply chain could do to remedy it.
Manufacturing defects, on the other hand, occur when a product is not manufactured in exact accordance with the design specifications. Negligent manufacturing practices often give rise to these defects, so while tracing the defect back to its manufacture rather than design can be straightforward for both parties involved in a claim, the burden often falls on the manufacturer to prove that it was not negligent to escape liability.
The third type of defect happens when a product is labeled and packaged for use or consumption. Marketing defects most often take the form of omissions or representations. If the manufacturer of a particularly roll-prone SUV model fails to include a warning label in a noticeable location like the vehicle’s visor warning consumers of this danger, for instance, it might be held liable for injuries and wrongful deaths that occurred in rollover accidents involving that model.
Regardless of where along the manufacturing and supply chain a defect originated, it’s important for consumers who have been harmed by the defect to consult with a product liability attorney to determine how to go forward with their case. The Law Office of Joel A. Levine possesses the experience and resources necessary to hold well-represented manufacturers and suppliers accountable for the harm they have caused.
Enlist a Central Texas Product Liability Lawyer With the Resources and Experience to Fight for You
State statutes governing product liability claims tend to be both comprehensive and strict; in many cases, simply proving that the product is defective and potentially dangerous is all that is required regardless of the manufacturer’s knowledge of the defect. While this means that Central Texas individuals and families harmed by dangerous products will have an easier time finding legal grounds for their product liability lawsuit than other types of personal injury claims, defendants in these matters are often well represented and have extensive resources at their disposal. Product liability claims against national or international manufacturers may take the form of class actions and involve multiple lawyers, or a single successful claim might spur other consumers to come forward and file claims.
At the Law Office of Joel A. Levine, Personal Injury Lawyer in Austin TX, we take dangerous products seriously. We know that they can have a devastating impact on you and your family, and we believe that product manufacturers and suppliers should be held accountable for the harm they’ve caused as well as for breaching the trust of the consumers they depend on to stay in business. Product liability lawyer Joel A. Levine is a versatile and astute advocate for injured consumers who has six years of experience in a broad range of personal injury, business and commercial law, estate planning, tax law, consumer fraud and international trade law matters. A capable defective product lawyer is ideally well versed in multiple practice areas since product liability cases can be complex and draw from business law, trade law and other practice areas depending on the scale of the matter and where along the manufacturing and supply chain the defect lies.
Despite his big-firm talents and superb litigation credentials, Joel remains committed to his principles of honesty, integrity and transparency. At every step of your case, he and our support staff will keep you informed of your rights and options. While other product liability attorneys might take on a large volume of cases and promise big results, we carefully vet the cases we take to ensure that we can give every case the diligence and attention it deserves. Whether your case goes to trial or is quietly resolved at the settlement table, our Austin TX product liability lawyer will work to restore your dignity and quality of life.
External sources: http://injury.findlaw.com/product-liability/what-is-product-liability.html
Helpful Tips for Personal Injury Cases:
Call 911 and provide all pertinent details regarding the accident.
Never leave the scene of the injury.
Always request a police report.
Take as many photos of the scene as possible.
Secure personal information from any witnesses.
Never sign any paperwork without an attorney present.
Obtain copies of all medical documents regarding your injuries.
Contact our office to begin an immediate investigation.
Product Liability Lawyer in Austin, TX
In a busy city like Austin TX, motorists frequently share the road with bicycle riders. Riding a bicycle is a great way to get exercise and enjoy the outdoors. You might also ride your bike to and from work. Some cyclists make a living as interoffice couriers or pedicab operators. Whatever your reason for riding, it's important for cyclists to obey traffic rules, watch out for errant drivers and make safe decisions. Bike accidents have the potential to cause severe and possibly fatal injuries. The risk of severe injuries in a bicycle accident is extremely high because riders have little or no physical protection aside from gloves and a helmet. Some of the most common injuries associated with these types of accidents are road rash, closed head injuries, brain damage, contusions, lacerations and broken bones.
Regardless of how severe the injuries are, the elements of proving a bicycle accident case are similar to any other auto accident. To recover compensation for your injuries, medical expenses, lost earnings, diminished earning capacity and other damages, your bicycle accident lawyer needs to prove that the motorist was negligent. This can be a complex process. First, a professional personal injury lawyer will gather the facts, document the accident scene and work with professionals to establish the conditions and situation that caused the collision. In a case like this, you might be fighting against a league of attorneys who work for the driver's insurance company and who will try to blame you. At the law office of Joel A. Levine, we have been handling bicycle and pedestrian accident cases since 2008. We are committed to recovering the fullest compensation for your injuries.
Bicycle Accident Statistics
The statistics on bicycle collisions are shocking. In Texas alone, approximately 42 cyclists die each year after collisions with cars and trucks. Nearly three-quarters of cyclists are concerned about safety and accidents. However, motorists are often oblivious to the bicycles that are on the road with them. In Austin TX, the police department reports that the city experiences an average of 315 bike collisions annually, including some 280 with injuries. The National Highway Traffic Safety Administration acknowledges that accidents involving bicycles are under-reported. It's estimated that only 10 percent of injury cases are ever reported by law enforcement. Nevertheless, statistics are grave.
- Intoxicated motorists are responsible for 40 percent of fatal bike accidents.
- About half of all reported bike accidents involve motorized vehicles.
- Approximately 75 percent of accidents occur at or near intersections.
- Most fatal bicycle collisions take place between 4 a.m. and 8 p.m.
- One-fifth of fatal accidents occur between 8 p.m. and midnight.
- Cyclists accounts for 2 percent of all accident-related deaths.
Bicycle Accidents and Negligence
To determine responsibility in an accident case, your attorney will review the facts to establish whether the driver's negligence caused or contributed to the accident and subsequent injuries. The driver might be responsible if your attorney can prove that they cut into a designated bike lane, ran through a stop sign, were distracted or failed to observe a cyclist. Your bicycle accident lawyer can secure phone records to see if the driver was talking on the phone or texting at the time of the accident. Violations related to speeding, drunk driving and traffic signals are extremely effective pieces of evidence when establishing the driver's negligence.
Occasionally, cyclists are responsible for accidents. When bicycling in Austin or anywhere in central Texas, cyclists are expected to follow state and city laws. City ordinances and sections of the Texas Transportation Code require bicycles to have functional reflectors and headlights. Under these laws, a bicycle is a vehicle. Therefore, all bicycles are required to follow traffic signals and obey all traffic laws. For example, bicycles are required to use the right-most lane or shoulder and ride in the direction of traffic. A violation of any state or city rule permits law enforcement officers to initiate a traffic stop. Tickets are issued for violations and can become part of the cyclist's permanent driving record. Frequent bicycle violations recorded by the Austin Police Department include missing reflectors, failing to use a headlight after dark, running red lights, failing to obey stop signs, cycling the wrong way on a one-way street and cycling on sidewalks in business districts.
Hiring a Bicycle Accident Attorney
If you have been involved in an accident, you need effective representation from a qualified personal injury attorney. Injuries sustained in a bike accident can be severe and have long-lasting implications. In extreme circumstances, an accident lawsuit can become a wrongful death case if the cyclist dies due to their injuries.
At The Law Office of Joel A. Levine, we provide professional, competent representation and legal assistance to cyclists and other accident victims throughout central Texas. We offer free consultations and a contingency fee plan, so you don't have to pay anything unless we win your case. If you are unable to come to our office due to your injuries, our bicycle accident lawyer will come to you. Whether we provide legal advice or take your case to a jury trial, we aim to make the process clear, transparent and as easy as possible for you and your family. Call us today to take the first step toward recovering the compensation that you deserve after a bicycle accident injury.
Frequently Asked Questions
What types of injuries can result from a bicycle accident?
You can sustain a lot of injuries if you are involved in a bicycle accident. You can be thrown from your bicycle, which can cause everything from cuts, scratches, abrasions and bruises to broken bones to severe head trauma. The extent of the injuries you sustain typically are influenced by what hit you, such as another bicyclist or a car, the speed at which you and the other vehicle were traveling, and whether you were wearing a helmet or any protective gear.
What should you do after a bicycle accident?
After a bicycle accident, you should exchange information with whoever hit you, such as another bicyclist or a driver. Be sure to get their full name, address, driver's license information and insurance information. Another step you will want to take is obtain the names, phone numbers and addresses of all the witnesses who may have witnessed the accident. If possible, take pictures of the accident scene, showing anything that may have led to the accident, such as a driver running a red light or turning into a bike lane. Finally, obtain medical treatment. Bicycle accidents can cause internal injuries, so you should see a doctor if you feel pain.
Should I hire an attorney after a bicycle accident?
It is strongly recommended that you hire a personal injury attorney who has experience with bicycle accident cases after a bicycle accident occurs. Many insurance companies try to place fault on the bicyclist for the accident, trying to reduce or eliminate their insured party's responsibility in the accident. A lawyer can fight to show why the other party was at fault and why they should be responsible for your injuries. Additionally, an attorney can help you recover the maximum amount of money that you may be entitled to by properly valuing your case and fighting for the money you deserve.
How long do you have to file a lawsuit after a bicycle accident?
Each state has a different timeline in which you must file a personal injury lawsuit. In the state of Texas, you generally have two years to bring a lawsuit against another party for damages and injuries you sustained following a bicycle accident. If you fail to bring a lawsuit against the party within this timeframe, the statute of limitations expires, and you can no longer bring a case against the other party. There are a few exceptions to this rule though, such as when a minor is involved, so it is best to talk to a lawyer about the specific timeframe for filing after your bicycle accident.
What damages can you expect from a bicycle accident?
If you have been involved in a bicycle accident, you may be wondering what damages you can collect as an injured bicyclist. There are different damages that you may be able to collect, depending on the circumstances. The most common types of damages that one collects following a bicycle accident as lost wages, money for past, current and future medical expenses related to the injuries sustained in the accident, and money for pain and suffering.
Call us today at 512-982-1510 for a free consultation.