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TX injury lawyerWe expect that the products we buy and use every day are reasonably safe. Unfortunately, this is not always the case. Dangerous products end up on the market all the time - and people can get hurt. From exploding Pyrex baking dishes to dolls with sharp motors in their mouths, product defects are everywhere. As a general rule, a product is considered defective if it is unreasonably dangerous for the standard consumer. The question is what types of flaws render a product dangerous. If you were hurt by a dangerous product, you will want to speak to a personal injury attorney as soon as possible. You may be entitled to receive compensation.

What Three Types of Product Defects Does Texas Recognize?

There are multiple kinds of problems that could render a product unreasonably dangerous. One product may be dangerous because it catches fire, another because it is missing a warning label, and yet another because it contains lead. In Texas, three general categories of product defects are recognized:

  • Design defect - The design of a product is defective if it creates unnecessary risk to users and a safer design could have been used. Products that are inherently dangerous even if they are well-designed, such as chainsaws and fireworks, are not considered to have a design defect just because they are dangerous. The particular design of that item must be more dangerous than similar products, having omitted a safety feature.
  • Manufacturing defect - A manufacturing defect happens when the design of the product was safe, but something went wrong during the manufacturing process. The design may not have been followed correctly, or a component could have been switched to a cheaper but more dangerous substitute. It can be difficult to tell the difference between a manufacturing defect and a design defect. A skilled attorney may need to investigate to make this determination.
  • Marketing defect - This type of defect may also be called a warning defect. When a product presents a danger that would not be obvious to a reasonable consumer, the seller must include a warning label. If a product is only dangerous when used incorrectly, then instructions that enable a consumer to use the product safely should be included. This could also include marketing dangerous products meant for adults, like electronic cigarettes, to children.

It is the seller’s responsibility to ensure that a product he introduced to the market is safe for use by reasonable consumers. It can be difficult to tell which type of product defect caused your injury in some cases, so you will want to consult an attorney who has experience with defective product injuries.

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Imagine this: You are severely injured in a car accident, you go to the hospital and undergo countless procedures, therapies, and treatments, you are told that you cannot work in your condition, and so, to cover the cost of your medical and living expenses, you file a personal injury claim. That is pretty standard protocol for car accident victims. What is not standard protocol is for the hospital at which a victim received the treatment to place a lien on the personal injury settlement, and for said hospital to collect on that lien when the money is awarded. Yet, Texas law allows just that.

Texas Hospital Lien Law

According to Sec. 55.002 LEINS, a hospital may place a lien on a cause of action or the claim of an individual who was treated at said hospital for injuries caused by an accident that was caused by a negligent person. However, the statute stipulates that in order for a lien to apply, the person must have sought care within 72 hours of the accident. The lien extends to a hospital or medical facility that the injured party is transferred to for treatment of the same injury.

Why Hospitals Do Not Just Bill Health Insurance Providers

You may be wondering why your hospital does not just bill your medical insurance provider. That is the same question many accident victims have, and it is one that has a very simple yet unsatisfactory answer. Hospitals would rather not bill insurance providers because doing so decreases their bottom line.

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Most people do not anticipate being involved in a car, truck, or personal injury accident and so therefore, most people are not financially prepared to deal with the aftermath. From sky high medical expenses to missed work, the financial consequences caused by a car accident can be devastating. Fortunately, the U.S. court system allows accident victims to pursue compensation from the liable party via a legal cause of action. However, at an already financially difficult time in the average victim's life, it can be impossible for him or her to pay for an attorney. A contingency fee arrangement effectively resolves that problem.

What is a Contingency Fee?

A contingency fee arrangement is one in which a Dallas personal injury lawyer accepts a client's case without charging a retainer or hourly fee. Rather, the lawyer's fee is an agreed upon percentage of the final settlement or judgement that the lawyer wins for your case. Any expenses accrued during your case, such as the cost of an expert witness, is typically covered by the attorney from money he or she has won from another case and reimbursed via your earnings. If your lawyer is unable to obtain a settlement, you do not owe him or her anything.

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If you were injured by somebody else's negligence in Dallas, Texas, you may be prepared to file a personal injury lawsuit. While you have every right to do so, you should know that Texas personal injury damage caps may affect the outcome of your case or your ability to file a claim at all. A damage cap limits the amount of money a person can win in a personal injury case, making some cases not worth fighting.

If you want to know if damage caps apply to your case, and if you want to know whether or not your personal injury claim is worth pursuing, call Clark Law Group for a case evaluation.

Claims Limited by Damage Caps

Not all personal injury claims are limited by damage caps in Texas, so before you assume the worst, know that caps may not apply to you. Those cases that are limited by damage caps include the following:

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When you choose your child's daycare, you do so with great care and deliberation. You read the reviews, perform a background check on the teachers, ask friends and family about their thoughts, and meet with school administrators multiple times. By the time your child's first day rolls around, you feel comfortable and confident that your child is in great hands. But then you learn the ugly truth the hard way. One or more of your child's caregivers are not who they said they were. They are child abusers.

Child Abuse Statistics in Daycare Facilities

Sadly, millions of children are neglected, abused, sexually abused, and emotionally traumatized each year. These instances of abuse do not just happen in the home, either. According to studies and reports conducted by ChildWelfare.gov and NCJRS.gov, daycares are responsible for approximately 1,760 childhood fatalities due to abuse and neglect and approximately 2,500 sexual assault cases over a three-year span. According to the National Institute of Child Health and Development, 90% of American daycares are considered to be 'fair' or 'poor,' with only 10% providing high quality care. Data gathered in 2006 from 39 states found that 5,321 daycare providers were abusing and neglecting children in their care.

If your child is the victim of daycare abuse or neglect, fight back on their behalf and help put an end to the harmful behavior. Call Clark Law Group to learn more about your legal options. A daycare abuse lawyer can help you seek justice for your family.

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