Product manufacturers have a legal responsibility to produce products that are safe for their intended purposes. When a manufacturer does not do so and a serious injury or death occurs, the victim of the accident may seek legal recourse against the company in the form of a products liability action.
Mazzola Law Firm, PLLC vigorously pursues compensation and justice on behalf of victims of defective products and their families. We are experienced, knowledgeable and determined to succeed in every case we handle.
We represent people in products liability cases involving:
- Personal watercraft injuries
- Texas Roundup Lawsuit
- Defective vehicles and vehicle components
- Dangerous drugs and pharmaceutical litigation
- Defective consumer products
- Defective industrial equipment and construction tools
- Other product liability cases
Texas Products Liability Attorney
This invitation-only professional organization is composed of and limited to the Top 25 attorneys from each state or region who serve individuals and families who need attorneys to represent them in the American legal system regarding Products Liability claims. Members of the Products Liability: Top 25 exemplify superior qualifications of leadership, reputation, influence and performance in their area of specialty.
Get legal help today. Contact our firm for a free consultation and case evaluation.
Human Error or Design Defect?
It is a fact that “authorities” in various fields attribute 70-90% of all accidents to human error. However, such estimates are misleading in that they assume that an individual should (or should not) have taken a possible action but ignore whether that possible action was likely or reasonable under the circumstances. In many cases, the real source of the error is not the human, but rather the design. In other words, someone created a product where an individual’s safety is dependent on unrealistic or unattainable standards of behavior. Then, when the inevitable error occurs, it is blamed on the human rather than the defective design of the product.
In a statistical sense, human errors are not completely random. While it may not be possible to say exactly when and where the defective design of a product will result in error, it is indeed possible to say whether such an error is likely and the form in which the error will manifest. Product manufacturers often expect the users of its products to compensate for defective design. But the effectiveness of a safety mechanism inevitably declines with reliance on user behavior. People become tired and distracted. They work under pressure to get the job done. They know that warnings are often for legal “cover-your-ass” purposes rather than safety ones. They see everyone else ignoring the warning or not following procedures with no bad consequences. They have learned that warnings are ubiquitous but accidents are rare, and have been operantly conditioned throughout their lives to not pay a whole lot of attention to warnings. That is why warnings are ineffective and should be used as an absolute last resort, and only after first trying to design out, or guard against, the defect.
Building the Case for Compensation
In a defective product case, it is important to identify what exactly caused the product to fail. Our firm will work with appropriate experts in disciplines, such as engineering, materials science, medicine, physiology, and other fields. These professionals can document what and how the event happened to establish the liability of the manufacturer.
We will also work with the victim’s doctor or other medical professionals to determine what specific medical treatment and services are needed, now and in the future. Finally, we will place a value on the victim’s financial losses and any emotional suffering for inclusion in the claim. The Mazzola Law Firm, PLLC will work hard to build a strong case, ultimately designed to recover all damages allowable under the law.
Important — Do not dispose of or repair the product in question. It is valuable evidence that will be of use in any legal effort we undertake.
Contact a Beaumont Products Liability Attorney
Contact our firm for a free initial consultation and case evaluation with Brian N. Mazzola.