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Homeowners install smoke and fire alarms to protect their property and to save their lives. When smoke alarms function properly, they can be invaluable resources to help protect lives and property in the event of a fire. However, they frequently malfunction and when they do, tragedy can result.

According to the Consumer Product Safety Commission, home fires are the second leading cause of accidental deaths at home. It is also estimated that three out of every five deaths from a house fire occurs because of a smoke alarm failure. It’s critical that smoke and fire alarms are properly installed and maintained.

In many cases, fire alarm failures and smoke detector failures are due to improper installation or defective devices that are not properly working. If a device is not properly installed or if it does not function properly, that can cause the home’s occupants to lose valuable time that would allow them to evacuate and avoid smoke inhalation or risk burning.

If a smoke alarm failed and you or a loved one was harmed as a result, the victims can file a lawsuit against the alarm’s manufacturer or retailer. In some cases, the contractor, landlord, or builder can also be held legally liable. Damages can include compensation for your damaged home, medical expenses, lost wages, pain and suffering, and more.

If you have been involved in a house fire that occurred because of the failure of a smoke or fire alarm, call the Dallas-Fort Worth personal injury attorneys at The Barber Law Firm. We can help. Call today to learn more or to schedule a free consultation.

Pile of Law BooksThere are several factors that you need to take into account if you are considering a product liability case. One of the most important, of course, is whether or not you have a good chance of winning. In order to be able to determine whether or not you have a valid case, it is very important that you speak with a Dallas attorney who has experience in this form of litigation. At The Barber Law Firm, we have that experience, and we may be able to work to help you achieve a successful outcome.

What You Need to Prove

There are four key elements that you need to prove in order to win a product liability case.

  • You suffered a loss or were injured – You may have gone through a harrowing time due to a defective product, but if you did not suffer an injury or monetary loss directly related to use of the product, you will not have a claim.
  • You must be able to prove the product is defective – You may know in your heart that the product you used has a defect, but that alone won’t be sufficient to succeed in your case. You’ll need the help of an experience lawyer in order to prove this element.
  • The defect resulted in your injury – You have to be able to prove that not only were you hurt, but that the defect caused your injury. While this is simple in some cases, it can be quite a bit harder than you may think. If you were driving a car, for example, that flipped over when you were turning a corner, and that car was known to have a flaw that made it prone to flipping, you may think you have an open-and-shut case. However, if you were speeding at the time, the opposition will argue that your speeding was the cause of your injury, and not the defect.
  • You used the product as it was intended – If you were not using the product in the manner the manufacturer intended you to use it, then you may not have a valid claim.

There are several complex aspects to any sort of product liability lawsuit. As a result, it is essential that you have a seasoned attorney represent you in your case. Contact the Barber Law Firm at and let us tell you how we may be able to help. Have you ever sustained an injury due to the use of a defective product? Share your story with us by clicking one of the social media buttons on this page.

Defective Products LawyerWhile defective products lawsuits are effective in helping protect consumers by taking dangerous products off of the market, they are extremely challenging. These are typically very hard-fought cases that involve high-powered opposition. You may not just be going up against the manufacturer, but also suppliers, distributors, retailers and other parties. It is critically important that you have a Dallas attorney on your side who has the experience needed to be able to help you obtain a favorable result in your case. At The Barber Law Firm, we can act as an advocate on your behalf in this kind of case.

A Complex Case

In many instances, experts need to analyze the defective products in order to determine whether or not you have a basis for legal action. Also, there may be others who have the same type of claim as you, and these people may live across several different states. When this occurs, this is known as a class action lawsuit. You may have heard of this kind of case before in regard to certain pharmaceutical products. There are several involved rules that govern this type of legal action, so it is essential that you have a lawyer on your side who knows how to navigate the intricacies.

Formidable Opposition

In most instances when defective products cases are filed, there will, again, be several defendants. If you are filing a case against major manufacturers, retailers and other parties, they will all likely have very large staffs consisting of highly professional defense attorneys working to protect their best interests. In order to achieve a positive result, you will need to not only have experts on your side to testify about the dangers of the product, you’ll also need experienced and effective legal representation.

Time is of the essence when pursuing defective products case. Contact The Barber Law Firm so that we can let you know how we may be able to help. If you have ever been harmed by a dangerous product, let us know by sharing your story using one of the social media icons at the right side of the page.

Although the basic premises and public policy of product liability law are relatively easy to understand — companies who negligently put dangerous products on the market should be held responsible for the harm they do in order to deter such accidents in the future — the area of law is quite complex and ever-changing. No two injury claims are exactly the same, and the differing circumstances surrounding each individual event can make it difficult to predict the outcome of litigation. To get the best perspective on the merits of your case and an overview of current products liability litigation, contact one of the skilled Dallas injury attorneys at The Barber Law Firm.

Escola v. Coca-Cola Bottling Co.

As with many other areas of law, litigation involving manufacturer liability for products they manufacture has been shaped by landmark cases in the field. For example, the famous case of Escola v. Coca-Cola Bottling Co., decided in 1994, established the common-law rule that strict liability was to be the standard in defective products case, rather than a standard such as negligence. The case involved a bottle of Coca-Cola that exploded in the plaintiff’s hand, resulting in a gruesome injury that affected both muscles and nerves.

Liebeck v. McDonald’s Restaurants

A more recent case that captured the attention of the news media due to its sympathetic plaintiff was Liebeck v. McDonald’s Restaurants. This litigation involved a 79-year-old woman who suffered third-degree burns on her thighs and groin as a result of the scalding temperature of McDonald’s coffee that spilled on her lap. After a week in the hospital and multiple skin grafts, the plaintiff accrued nearly $200,000 in hospital charges. What made the case particularly disturbing was that McDonald’s had already been sued hundreds of times over its too-hot coffee, and the court found the company engaged in reckless conduct worthy of nearly $3 million in punitive damages. However, a judge lowered the amount to about $500,000 on appeal, demonstrating the unpredictable nature of jury verdicts and payouts in manufacturer liability cases.

If you have a claim you wish to pursue, consult the experienced attorneys at The Barber Law Firm, who make a point to stay up-to-date on the latest issues in this area of law.

Generally, a person who is injured by a product he or she used could have a claim against the manufacturer or the retailer for product liability. Those claims usually fall into one of three categories: (1) defective design; (2) defective manufacture; or (3) failure to provide proper warnings or instructions. It’s important to understand the difference in these types of claims, as that can help you understand whether you may have a case for product liability or not.

Defectively designed products. In this type of product liability, a product’s design is inherently dangerous or defective. These claims originate when an entire product line is correctly made, but the design itself is dangerous. Some examples of design defects include prescription drugs with very dangerous side effects, a curling iron that catches on fire when left on too long, or a vehicle that flips easily when traveling at a high rate of speed. In order to pursue a claim for a defectively designed product, you must show that your injury was caused by the defective design.

Defectively manufactured products. In this type of product liability, the product is properly designed, but it was flawed because of an error while manufacturing it. This means that the entire product line would be fine, but your particular product was defective. Some examples of defectively manufactured products are a vehicle that’s missing its brake pads, a jar of peanut butter containing a toxic substance, or a trampoline with broken springs. In order to pursue a claim for a defectively manufactured product, you must show that your injury was caused by the defect.

Failure to provide adequate warnings or instructions. This type of product liability involves a failure to provide warnings or instructions about the product’s proper use. Usually, this means that the product is dangerous in some type of way that’s not obvious, but no warnings were given about the hidden danger. Some examples would be a medicine that doesn’t give warnings that it shouldn’t be taken in combination with another medicine or a dangerous chemical that’s sold without instructions on how to store it.

Product liability claims can sometimes be complex. It can often be difficult to know whether you even have a valid product liability claim. If you have been injured by a defective product, contact Dallas product liability attorney Kris Barber at 972-231-5800.

What Our Clients Say

“The Barber Law Firm helped my friend and me get through the nightmares of dealing with the insurance companies to get the health treatment we both needed, along with taking care of the damage to the car. I would highly recommend The Barber Law Firm to anyone that is in search of legal aid. Thank you for helping us through those tough times!”
- Yannis M.
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The Barber Law Firm, PC, is a personal injury law firm serving Dallas, TX and surrounding areas. Our job is to put you at ease as we navigate the legal channels of your Dallas personal injury case. Visit our homepage.


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