fbpx

Product Liability Lawyer

We know how to fight back for you.

Request A Free Case Consultation Today!

When the insurance company calls, do not speak to them! They are after their own interests, and it can hurt your case. Act now to protect your legal rights.

Complete the form below and we will reach out momentarily. We are available 24/7.

    Product Liability Lawyers for Victims of Dangerous Drugs & Defective Products

    As consumers, the law seeks to protect us against the damaging effects of dangerous and defective goods. Since it simply isn’t possible for government agencies to test and inspect every single product that goes on the shelves, it does this by imposing strict liability on designers, manufacturers, and sellers who offer defective drugs and products to the public.

    This “strict liability” rule applies in Texas and across the country, and it means that victims of defective drugs and products do not need to prove negligence (as is required in most other injury cases) in order to recover financial compensation. If you were injured by a defective product that you were using as intended, as long as you act quickly, in most cases you will be entitled to seek a financial recovery.

    Experienced Product Liability Attorneys for Victims of Defective Drugs & Products

    Of course, actually recovering the compensation you deserve is a different story. While the law protects consumers, the defense lawyers that protect large corporations and their insurance companies know how to fight victims’ claims for just compensation. Without skilled attorneys who can level the playing field, you are unlikely to recover any money for your medical bills and other losses.

    At Morrow & Sheppard LLP, we know how to take on the big companies. In fact, we used to work for them. Today, we use the insights and inside knowledge, we gained from this experience to fight for the compensation that victims rightfully deserve.

    Get a Free Case Review by Calling Morrow & Sheppard Now.

    We’re available 24/7.

    Defective Products

    Defective Vehicles

    From airbags to tires, nearly every component of a vehicle has the potential to be defective. Lately, it seems like we hear about a major defect scandal on the news every few months, and the National Highway Traffic Safety Administration (NHTSA) is constantly issuing recalls for replacement of defective car and truck parts.

    Consumer Devices and Electronics

    While defects in the latest consumer devices and electronics often make headlines as well, many more dangerous products quietly cause serious – and often fatal – injuries. Defects in tools, toys, appliances, and even child safety equipment regularly lead to catastrophic injuries and claims for financial compensation.

    Building and Construction Materials

    The same also goes for construction and building materials. Construction workers and homeowners alike can face life-threatening risks as a result of defects in wiring, lightning rods, plumbing fixtures, and other items.

    Chemical Hair Straightening Products

    At Morrow & Sheppard LLP, our mission is to advocate for women who have developed uterine cancer or other forms of cancer after regularly using hair straightening products infused with harmful chemicals. Our legal team specializing in hair relaxer lawsuits brings over 20 years of experience in holding large corporations accountable for the dangerous and defective products they introduce into the marketplace, as well as the injuries they’ve caused. We fully understand the emotional strain and financial burden placed upon you and your loved ones as you confront an unexpected diagnosis. We are here to assist in whatever capacity we can.

    Dangerous Drugs and Medical Devices

    Despite the fact that medicines and medical devices are subject to FDA approval, numerous individuals fall victim to dangerous drugs and devices every year. Like other products, drugs and medical devices are subject to frequent recalls. Also like other products, these recalls often come too late. If you or a loved one has been injured by a dangerous drug or medical device, we can help you seek just compensation.

    Below is a list of our frequently asked product liability questions.

    Persons injured by a defective drug or product are often entitled to bring “strict liability” claims.  These claims are different than those ordinarily asserted in personal injury lawsuits.

    Most personal injury claims focus on the behavior of the wrongdoer.  For example, negligence claims require proof that the defendant acted unreasonably, in other words, that the wrongdoer acted differently than a reasonable person would have acted in the same or similar circumstances.

    “Strict liability” lawsuits are different.  These claims focus on the product itself.

    Under strict liability, if a product has a defect — whether in design, manufacture, warnings, or instructions — the manufacturer or distributor is liable, even if the manufacturer was not negligent in designing the product, in manufacturing it, or in issuing its warning or instructions.

    This often means product liability plaintiffs have a lower burden of proof than plaintiffs in other personal injury cases.

    The reason that strict liability exists is that, if proving a violation of the reasonable standard of care was required, manufacturers could band together and act carelessly.  They could then argue that carelessness is the reasonable standard of care in the industry.

    It is also extremely difficult to find expert witnesses who can testify to the reasonable standard of care.

    For those reasons, courts across the country agreed that persons injured by defective drugs and products should involve a different basis of liability–strict liability.

    The California Supreme Court explained the reasoning behind strict liability in its landmark Greenman decision:

    Even if there is no negligence, however, public policy demands that responsibility be fixed wherever it will most effectively reduce the hazards to life and health inherent in defective products that reach the market. It is evident that the manufacturer can anticipate some hazards and guard against the recurrence of others, as the public cannot. Those who suffer injury from defective products are unprepared to meet its consequences. The cost of an injury and the loss of time or health may be an overwhelming misfortune to the person injured, and a needless one, for the risk of injury can be insured by the manufacturer and distributed among the public as a cost of doing business. It is to the public interest to discourage the marketing of products having defects that are a menace to the public. If such products nevertheless find their way into the market it is to the public interest to place the responsibility for whatever injury they may cause upon the manufacturer, who, even if he is not negligent in the manufacture of the product, is responsible for its reaching the market. However intermittently such injuries may occur and however haphazardly they may strike, the risk of their occurrence is a constant risk and a general one. Against such a risk there should be general and constant protection and the manufacturer is best situated to afford such protection.

    A person who has been injured by a defective product may bring a strict liability claim.

    This includes defective drugs as well as dangerous consumer products.

    Claimants who have standing to bring product liability claims include:

    • A customer or patient who buys a product.
    • A customer or patent who uses a product.
    • A bystander who did not buy or use the product but was injured by it.

    Developing a dangerous drug or defective product case involves several steps.

    At the end of the day, through these steps, your Texas personal injury lawyer will seek to prove that:

    1. The product or drug is defective.
    2. The product or drug has not been substantially altered.
    3. The defect caused an injury.

    Investigation

    The first phase of your case is the initial investigation.

    Depending on the facts of your case, our attorneys may:

    • investigate whether there have been other issues with the product or drug
    • seek reports of prior incidents and injuries
    • look at the history of product warnings and instructions
    • find out if there have been any product recalls
    • interview engineers who designed the product
    • speak to doctors or scientists who developed the drug or medical device

    Filing A Claim

    If our investigation reveals that you have a good case, we will make a claim on your behalf.  This may involve applying for compensation from a settlement fund, or it may involve filing a court lawsuit.

    If many other people have been injured by the same drug or product that hurt you, and if they have filed claims too, your case may be moved to multidistrict litigation (MDL) so that they can be coordinated.

    In other situations, claims may be combined into a class action.

    Discovery

    After your claim is filed, lawyers will engage in discovery.

    During this phase, your personal injury attorneys will seek documents from the product manufacturer.

    We may also seek to take sworn testimony from the manufacturer or another person with knowledge of the drug or product.  This is called a deposition.

    Also as part of discovery, lawyers from the product manufacturer will seek your medical bills and information about you.  They may seek to take your deposition.

    Experts

    Many times, proving a dangerous drug or product case requires expert testimony.  These experts–often engineers, scientists, or doctors–will use their knowledge and experience to explain why a drug or product is dangerous.

    Mediation

    In many cases, the parties will “mediate” the case after discovery has been conducted and experts have been identified.  “Mediation” is when both sides sit down and attempt to settle the case.

    Trial

    If your case does not settle, it will typically be tried.  This involves many of the things you have probably seen on TV:  jury selection (called “voir dire”), opening statements, witness testimony, and closing arguments.

    Appeal

    The party that loses at trial may seek to appeal the ruling.  This process can take a long time, and the steps vary depending on the jurisdiction.

    product is defective if it is unreasonably dangerous.

    A product is unreasonably dangerous if:

    • It is in a condition not contemplated by the user; or
    • It exposes the user to an unreasonable risk of harm when used for its intended purpose.

    Determining whether a defect exists may involve balancing the product’s usefulness against its risk, or determining whether a safer design could have been used.

    Product liability cases typically involve one or more of the following defects:

    • Manufacturing defects
    • Design defects
    • Warning defects
    • Defective instructions

    A manufacturing defect exists when a product’s construction or quality deviates from intended specifications or planned output in a way that is dangerous.

    A design defect exists when a product’s design is unreasonably dangerous. If the design is defective, it does not matter whether the product was manufactured according to the intended specifications.

    A warning defect exists when the manufacturer fails to warn of a dangerous characteristic of the product.

    Your product liability claim involving a particular product might not be the first.

    Oftentimes, evidence of other similar accidents is admissible to show that a product is defective or unreasonably dangerous.

    No.

    In a product liability case, the plaintiff does not have to show the defendant was negligent or breached any warranty.

    In fact, a defendant may be liable even if it took all reasonable care in preparing and selling the product.

    Sometimes products are so obviously defective and dangerous that a manufacturer will “recall” them.  A recall is a manufacturer’s request to return a product that poses a serious danger to consumers.  Most manufacturers issue recalls because either they are forced to do so by a government agency, or because they hope to minimize their liability from lawsuits.

    Product Recalls in the United States

    Several U.S. government entities are involved in regulating products.  Many have authority to issue recalls.  Most recalls that affect ordinary Americans are issued by the Consumer Product Safety Commission (CPSC), the Food and Drug Administration (FDA), and the National Highway Traffic Safety Administration (NHTSA).

    Federal government organizations responsible for regulating products include:

    Product Recalls Are Not a Prerequisite To Suit

    A recall is not required to bring a product liability lawsuit.  A product recall notice often can, however, be used to establish a manufacturing defect, design defect, or warning defect.

    It is important to identify the product manufacturer in a personal injury products liability case.

    But in some cases, even if the manufacturer cannot be identified, a personal injury products liability plaintiff can still be brought. Such situations include:

    1. Alternative liability: Where two wrongdoers simultaneously commit a bad act and one caused the injury.
    2. Enterprise liability: Where product manufacturers adhere to an industry-wide standard.
    3. Concert of action: Where product manufacturers pursuing a common plan aid or encourage each other, making them equally responsible for the wrong.
    4. Market share liability: Where product manufacturers have a substantial share of the market in a particular geographic area.

    Product manufacturers are typically defendants in a product liability case.

    The store or person that sold you the product may also be liable in certain cases, particularly if the manufacturer has gone out of business, was involved in the design or marketing of the product, or does not do business in the state where your suit is filed.1


    1Texas Civil Practice & Remedies Code § 82.003.

    Product liability claims are often combined with other claims, such as negligence or breach of warranty.

    Depending on the circumstances, your product liability lawsuit may entitle you to recover:

    1. Past medical expenses
    2. Future medical expenses
    3. Lost wages in the past
    4. Lost future wages
    5. Lost past physical capacity
    6. Lost future physical capacity
    7. Disfigurement
    8. Past pain and suffering
    9. Future pain and suffering
    10. Past mental anguish
    11. Future mental anguish
    12. Exemplary damages

    Get a Free Case Review by Calling Morrow & Sheppard Now.

    We’re available 24/7.

    Request A Free Case Consultation Today!

    When the insurance company calls, do not speak to them! They are after their own interests, and it can hurt your case. Act now to protect your legal rights.

    Complete the form below and we will reach out momentarily. We are available 24/7.

      Contact Morrow & Sheppard LLP for a Free Consultation Today

      At Morrow & Sheppard LLP, we represent individuals in Texas and nationwide who have been hospitalized and lost loved ones as a result injuries caused by dangerous drugs and defective products. To find out if you have a claim for compensation, call (800) 489-2216 or request a free consultation online today.

      We Get Results

      0
      Maritime Lawsuit
      0
      Traumatic Brain Injury – Oilfield Injury
      0
      Oil & Gas Burn Injury

      What Our Clients Are Saying

      They were professional and very helpful with everything. If had any questions they would be quick to respond and was able to help me understand it better on things during the whole case. Thank you so much and keep up the excellent work.
      Elena H.
      Elena H.
      1701986605
      I must recommend MS LLP for their superb services. Their team is very attentive and responsive in assisting at all times.
      Pavan L.
      Pavan L.
      1697280661
      Griselda was so helpful and knowledgeable! She made the entire experience seamless and went the extra mile on our case. We are so happy we chose Morrow & Sheppard to represent us!
      Cynthia D.
      Cynthia D.
      1696512742
      John Sheppard and Chris West did an outstanding job in representing me following a rear-end collision. Highly recommended!
      Michael J.
      Michael J.
      1690955511
      Nick and Laura are the best..They helped every step of the way.Can’t recommend them highly enough.Not only do they get results but they care and make you feel like family.
      Jeff S.
      Jeff S.
      1689998003
      They were very professional and understanding. The have patience and do their job well. If I had to return I would with no hesitation
      Cassandra M.
      Cassandra M.
      1681919608
      4 months agoI am Extremely Happy with Morrow & Sheppard Lawfirm. I worked closely with Nick Morrow end Laura on my case With the rest of his staff. They were diligent in handling my law case matter to resolution. Laura end Nick would keep me up to date with the status of my case … More , They... fought for me to get the best settlement possible.. I am happy with the outcome Thank you Nick and the staff Of MORROW END SHEPPARD LLPread more
      Juber M.
      Juber M.
      1679949677
      Chris West is an excellent addition to the Morrow & Sheppard team. His skill set, dedication, and overall reliability he brings to the firm and clients are uncanny. You will not be disappointed.
      Candace M.
      Candace M.
      1662510836
      I highly recommend the Morrow & Sheppard to anyone. They are an incredible group that did an outstanding job to make sure I got the highest settlement for my case. Attorney Daniel and his staff are all outstanding professionals with some serious case law knowledge and skill. His group went the... extra mile for me and because of that, my life has forever changed. Thank you Attorney Daniel and everyone that’s a part of his firm that worked so hard. I really appreciate you!read more
      Melis R.
      Melis R.
      1661459761
      I am Extremely Happy with Morrow & Sheppard Lawfirm. I worked closely with Daniel Sheppard and Chris on my case. They were diligent in handling my law case matter to resolution. Daniel would keep me up to date with the status of my case and Chris would also ensure all my paper work was submitted... in a timely manner. I am Very Happy with the Outcome! Thank you Daniel and Chris. I highly recommend their services and would not hesitate to use them again.read more
      D P.
      D P.
      1657208615
      Very strong and courageous law firm I recommend to anyone who has suffered a injury from companies who need to be held responsible for lack of safety and security, my family is set for life and with these lawyers never backing down and fighting for truth behind every case and seeking the best... future for our family has given our family a second chance at being able to make it in life and holding companies accountable lifting burdens off our lives, very proud and beyond blessed to have had them fight the fight and have a tremendous outcome for our future. Along with a great and kind staff we HIGHLY recommend this law firm.read more
      Nikki L.
      Nikki L.
      1652483519
      I was a client for 2.5 years after a car accident in 2019 and represented by Patrick McGinnis. He was knowledgable, compassionate, and level headed.His assisting paralegal, Ramona Anaya, was reliable, knowledgable, and kind in all our interactions.They went above and beyond to help me navigate... everything that unfolded after my car accident. They were able to secure a favorable settlement before trial.I’m very happy to have had Morrow&Sheppard Firm represent me.read more
      Marceline A.
      Marceline A.
      1647777263
      Professional and knowledgeable with years of experience.
      angel martinez J.
      angel martinez J.
      1646769860
      I had a accident and I chose morrow&sheppard they was great from the start to the finish Chris was real informative and helpful was the whole process and got me a fair settlement they really care about there Clients if you in a car accident call them
      Richard L.
      Richard L.
      1646331335
      After a car accident last year I went to Morrow & Sheppard for assistance. Jose and Chris were exceptionally accommodating and handled my case with professionalism. They're primary concern was my well being and they went above and beyond to ensure I would receive the best settlement possible. A... very efficient and dedicated team!read more
      Amanda W.
      Amanda W.
      1645042828
      I've been in the legal field for a while now and not only do I know John Sheppard & Nick Morrow, I have attorney friends that have worked with them throughout the years. This is a great firm and great people that work at Morrow & Sheppard. I have been reading the reviews on here and it makes me... happy to see that their clients think as highly of them as I do.read more
      Susan L.
      Susan L.
      1644884255
      I was injured and my business closed down due to an accident in 2016. Daniel Sheppard became my greatest asset. He hired professional experts for their views and opinions as well as conducting numerous depositions. Daniel is hard working and no nonsense when handling your case. Daniel keeps you... informed on what's going on and what to expect. I'm from Louisiana and my case was in Texas. Daniel Sheppard worked alone side my other attorney Yuri Beck, and the both of them did a fantastic job representing me and settling my case. Daniel Sheppard of Morrow & Sheppard in Texas and Yuri Beck of Hunter & Beck in Louisiana are my lawyers for LIFE.read more
      Dale S.
      Dale S.
      1641306249
      Nick Morrow and John Sheppard were the lead attorneys on my case to hold an apartment complex with inadequate security responsible for the death of my son. The two of them were focused and determined to represent me and my son's children with tenacity. As the case continued over time, it became... apparent that we were not merely clients that were a means to a financial end to them but people who had experienced a life changing and devastating loss. They realized that as a result of our loss, there needed to be accountability that could only be obtained through legal actions. Throughout the legal process, Nick Morrow and John Sheppard were not only professional and transparent but also compassionate and empathetic as they lead us through the difficult and sometimes confusing legal maze. Every person in their office that was involved with our case exemplified an extension of the genuine concern that began with attorneys Morrow and Sheppard. I have and will continue to recommend this firm to individuals who find themselves in need of legal representation.read more
      Rosie E.
      Rosie E.
      1637691483
      The legal team at Morrow and Shepherd worked hard to help me win my case where a motorist who caused the accident changed her story and lied about the accident. A previous attorney kept telling me that I would probably have to pay some of the medical costs out of my own pocket.Daniel, my... attorney, assured me that he would it is best to make sure this did not happen and that he would fight to get me the best compensation possible. He was true to his word.I'm happy with their work, happy with the compensation and would definitely use them again.The Legal Assistant, Chris, was always professional, friendly and polite and a pleasure to work with.A big thanks to the team!Donread more
      Don D.
      Don D.
      1637459541
      Nick and his group have helped where they can and are working hard to get a resolution to my injuries. I spoke with 4 different law firms prior to choosing Morrow & Sheppard LLP.ThanksJeff
      Jeff N.
      Jeff N.
      1637263706
      I was referred to Daniel Sheppard because of a car accident I had been in. I was very impressed with how he told me about the process of how things worked and the things to expect. He was very forth coming and always supportive. The experience was a positive one and ended on a great note! I highly... recommend him.Elizabeth Varonread more
      Elizabeth Swanson V.
      Elizabeth Swanson V.
      1630632338
      Before I engaged John Sheppard, I was concerned that I might lose my case. However, John came onboard, turned things around, and set me on a good course to win. He got up to speed quickly on the facts and determined exactly what we needed to do. He is great at strategy, filing discovery and... other motions, and arguing before the court. I was extremely pleased with the outcome of my case. If you need legal help in a personal injury action, commercial law or whatever, hire him immediately! He is a pleasure to work with, will thoroughly explain all to you in a manner you can understand, and will get you the best possible outcome. A+++read more
      Christine E.
      Christine E.
      1620696016
      I was seriously injured and they represented me and I was so happy with the outcome and would recommend them to any others seeking professional lawyers. They also set me up with the best doctors. My son and I have now put this lawsuit behind us thanks to Morrow & Sheppard.
      BB C.
      BB C.
      1619117628
      Phenomenal lawyer. I can not heap enough praise on these guys,.
      Stephen T.
      Stephen T.
      1604460522
      Nick Morrow is a GREAT lawyer that really knows his job. He made me feel comfortable about hiring him to handle my case. He’s trustworthy and very compassionate about his work. His staff is awesome also, everyone was nice and friendly to me when I visited the office. The settlement I received... exceeded my expectations, it was four times what I expected. I would highly recommend Morrow and Sheppard to anyone needing legal representation. Thanks again Nick!!read more
      III 4.
      III 4.
      1590613690
      I was injured working offshore. Morrow & Sheppard handled my maritime case and won a great settlement for me. If you have been injured at work, Morrow & Sheppard are great offshore injury lawyers.
      tim C.
      tim C.
      1575080397
      Morrow & Sheppard won my family a multimillion dollar settlement in a wrongful death case after my kids’ father died. The settlement money will help make sure my family is taken care of, and that my kids can go to college. If you have a wrongful death case or a loved one dies at work, call Morrow... & Sheppard. They will take care of you.read more
      Dwana M.
      Dwana M.
      1574871960
      Morrow & Sheppard helped me when my employer breached my contract. They took the case from start to finish, and won our trial. If you’ve been injured or wronged at work, call Morrow & Sheppard.
      Ky Evans - Celebrity Strength Coach (The LIFT L.
      Ky Evans - Celebrity Strength Coach (The LIFT L.
      1573772010
      I suffered a work injury when the work vehicle I was riding in was involved in an accident with another car. Morrow & Sheppard took my case and won a great settlement for me. If you need a work injury attorney, I highly recommend Morrow & Sheppard.
      Dinah R.
      Dinah R.
      1573519189
      js_loader

      Recent Dangerous Drugs & Products Blog

      Go to Top