Copyright © 2017 The Merman Law Firm, P.C. All Rights Reserved | Disclaimer The attorney responsible for this website content is Derek Merman. Prior Results Do Not Guarantee a Similar Outcome. Our attorneys are all licensed to practice in the State of Texas. Unless otherwise indicated, attorneys are not board certified. Principal office is located in Houston, Texas.


medical image of a stethoscope

Defective Products

Sometimes, you use a product and it doesn’t work like it’s supposed to;  it’s unfortunate, but it certainly happens. But what if that product harmed or hurt you? Now you need an experienced defective products lawyer to help you.  At the Merman Law Firm, we handle all kinds of these cases. Some of the cases we handle include defective GM ignition switches, transvaginal mesh complications, to DePuy hip recalls.

In order to have a winning case, you will need to prove 3 things:

  • That you sustained injuries or suffered losses because of the product,
  • The product you used is defective, and
  • The said product is responsible for causing you harm despite using it as intended.

Many times after someone is injured by a product not working properly they believe they have a case against the manufacturer.  However, our firm’s experience with defective product lawsuits allows us to more accurately assess your situation so that you can decide whether or not to pursue a claim.   If you believe you have a claim, contact the Merman Law Firm for a case evaluation.

With an estimated 30,000 new products coming out every year, the unfortunate reality is that some of them will have a defect of some sort. Legally, there are 2 types of defects that a product can have. The first type of defect is a manufacturing defect, which is where the defect was not intended and made the product more dangerous than expected. The other type of defect is a design defect, which is just like it states: a defect that is inherent in the product’s design.

Do You Have a Strong Defective Product Case?

You used a product, and it either failed to live up to expectations, or worse—it hurt or harmed you in some way. You’re now considering enlisting the aid of a defective product lawyer, but you don’t want to spend the money on hiring one unless you’re confident you have a valid product liability claim.  While every case is different, there are a number of things you and your attorney will have to demonstrate in order for you to have a successful day in court.  Here’s a look at what you will ultimately have to prove in order to receive compensation for damages or injuries sustained using a particular product, compliments of the Merman Law Firm, P.C.

You Sustained Injury or Suffered Losses Because of the Product

Say, for example, you were using a glass baking dish you purchased from a particular retailer, and that, despite using it as directed, it exploded when you took it out of the oven.  Just the explosion by itself is not enough to pursue damages.  However, if the dish exploded and you ended up rushing to the hospital with glass shards embedded in your eye, then you can prove that you were injured and financially burdened by using that particular glass dish.

The Product You Used Is Defective

In addition to demonstrating that a particular product resulted in an injury or financial loss, you have to provide evidence that the product is defective.  This one is a bit more complicated, and how exactly you should do this depends on the product itself and the specific type of claim you are making.  A defective products lawyer can assess your case more carefully and advise you how to proceed in proving this.

The Defective Product Is Responsible for Causing You Harm Despite Using It as Intended

Think about that broken glass dish again.  Say you set it directly on top of your oven after removing it from inside, and it then exploded and glass shards embedded in your eye.  Was there a warning on the box or in the directions that said you have to place the dish on a particular surface, such as a cutting board or cooling sheet, after removing it from the oven?  Does it say not to place the hot dish directly on top of the oven?  If so, you failed to use it as advised, and you likely won’t be able to pursue a claim.  If you placed it on a cutting board and it exploded and harmed you anyway, you’re in better shape, legally.

If you reviewed the above criteria and still have questions about the validity of a potential claim, contact a defective products attorney at the Merman Law Firm.

For up-to-date information regarding recent product recalls, visit our product recall blog!

CALL FOR A FREE CONSULTATION 855-637-6265