Jim Adler | The Tough, Smart Lawyer

Each year, millions of Americans’ cars are recalled due to defects. Often these defects cause accidents and injuries. Victims can claim financial recovery for their losses by means of motor vehicle product liability laws, which also extend to SUVs, motorcycles, trucks and other vehicles.

Jim Adler & Associates has many experienced product liability lawyers who can fight for victims’ rights to payments for their losses due to a defective product such as a motor vehicle.

What is Product Liability?

As for what is product liability, this concerns the legal liability of a manufacturer which produces a faulty or defective product. If an automaker manufactures a vehicle with bad tires, air bags or other elements, and these cause a crash, the automaker is responsible in a legal sense and can be sued for damages.

All those involved in selling the vehicle also can be held responsible, as can be those who manufactured the component parts involved in the defect and those who installed or assembled the defective products.

Product liability law differs from standard injury law, and that may make it less difficult for injured victims to claim payments for damages. Product liability law mandates that products meet consumers’ ordinary expectations. When the product has an unexpected risk or defect, it fails to meet this standard, and the designers, manufacturers, sellers and marketers may be legally liable for damages it causes.

How Do Product Liability Lawsuits Work?

As for how product liability lawsuits work, generally a plaintiff must be able to prove that a product was defective, and that this defect caused the product to be unreasonably dangerous.

Such defects can involve:

  • Manufacturing defects, which arose while a product was being assembled or manufactured
  • Design defects, which existed from the start, prior to manufacture, and resulted in an unsafe product
  • Marketing defects, which misled consumers due to insufficient warnings of safety hazards or inaccurate labeling or instructions.

Plaintiffs have the burden of proof to establish that such defects existed, whether the manufacturer was negligent or not. This is known as strict liability, where plaintiffs only need to prove that the product itself was defective.

Strict liability means it’s not necessary to prove that a manufacturer was negligent, but simply to prove the fact that the manufacturer was responsible for a defect which caused an injury.

Texas Product Liability Law

Product liability laws are state laws, with no universal federal law. When claims or lawsuits are pressed, they can involve strict liability, breach of warranty or negligence.

To meet the standards of Texas product liability law, claimants in product liability lawsuits must prove two crucial elements (Texas Civil Practice and Remedies Code, Title 4, Chapter 82):

  • The product involved in an accident was defective
  • The product itself caused or contributed to damages of the accident

In Texas, claimants also must base their claim on whether damages occurred due to a manufacturing defect, a design defect or a marketing defect.

For a claim based on a manufacturing defect, Texas claimants must prove that the product deviated from its planned specifications. For a claim based on a design defect, Texas claimants must prove that a safer alternative design existed. For a claim based on a marketing defect, Texas claimants must prove that the product lacked a sufficient warning.

Proving such things may involve gaining the testimony of established experts in these areas.

Types of Product Liability Lawsuits

Among types of motor vehicle product liability lawsuits are:

  • Lawsuits due to defective air bags, such as exploding Takata air bags which hurl shrapnel through a vehicle
  • Lawsuits due to SUV rollovers, which can occur in many vehicles due to design defects
  • Lawsuits due to tires which have blowouts due to manufacturing or other defects
  • Lawsuits due to motorcycles wobbling at high speeds due to design or manufacturing defects
  • Lawsuits due to carbon monoxide poisoning attributed to defective keyless ignition devices
  • Lawsuits due to inadequate roof supports leading to roof-crush damages when a car rolls over onto its roof and the vehicle’s weight crushes the roof, collapsing it
  • Lawsuits due to seatbelt defects which lead to occupants of a vehicle being injured in a crash
  • Lawsuits due to defective door latches which allow a door to open in a crash and allow occupants to be ejected from the vehicle

What If It Wasn’t My Vehicle?

If you were injured by a defective vehicle which you did not own, you still may be able to claim damages based on product liability laws.

That is, if another driver’s vehicle caused a crash which injured you because that vehicle was defective, or if you were riding in someone else’s vehicle whose defect injured you, you still can make a claim for damages based on product liability laws.

Sometimes claims can be a combination of product liability claims and negligent driving claims, when a combination of a bad driver and a defective vehicle caused you injury.

Class-Action Product Liability Lawsuits

Often, it’s individuals who file claims for damages due to product liability. But in the case of massive numbers of vehicles with the same defect, class-action product liability lawsuits may be filed instead.

That means victims band together to file a single lawsuit representing them all. In some cases, other victims may be able to join a class-action lawsuit which already is in progress. Such lawsuits may be less expensive for groups to file than individuals, especially for small claims.

However, if the nature or extent of a victim’s injuries is significantly worse or different from members of a class-action lawsuit, that victim may be better served by an individual liability lawsuit instead. An individual lawsuit may be able to gain greater financial recovery for such a victim.

Get a Product Liability Lawyer

Innocent victims in Texas can get a product liability lawyer to handle their case from Jim Adler & Associates. The Texas law firm has helped thousands of Texans across the state with their injury legal needs for more than 40 years.

Contact us today for a free legal review of your case — at no obligation to you. Then you can decide if you want to proceed with a product liability lawsuit claiming payments for your medical bills, lost wages and pain and suffering.

Notify Jim Adler, “The Texas Hammer,” today, and seek the payments — and justice — you are legally due by means of a motor vehicle product liability lawsuit.

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Testimonials

Erick Becker
Erick Becker
01:20 06 May 17
I am a Patrol Deputy for the Sheriff Office and while working one night, a drunk driver crossed the center stripe on the highway and struck my patrol vehicle head on with his pick up truck. Needless to say we (the drunk driver and I) were both lucky to survive, as the accident occurred at highway speeds. Following my release from the hospital, I knew that I would need to have someone represent me. My employer was happy to represent me in regards to prosecuting the driver for criminal charges but, can do little in respect to the recovery of financial losses for medical bills, pain and discomfort, time lost from work etc... This is how my relationship with Jim Adler and Associates began. Yep, you probably guessed correctly when you think of what made me choose the "Texas Hammer" to represent me. Those half obnoxious, half way entertaining commercials and radio announcements most Texans have been seeing and hearing on the TV and radio for years instantly came to mind. Yes, I wanted to "hammer" this S.O.B. for trying to kill me but, more importantly I was worried about the costs associated with the life long injuries I had sustained as a result of this drunk driver's negligent behavior. I contacted Jim Adler and Associates and so began our relationship. I was immediately surprised by the prompt attention and the expression of genuine concern for my well being that I received from the employees of Jim Adler's office. Now as you can imagine, lawyers are not a breed that is held in very high regard by people in my profession but, my experiences with Jim Adler's office and his employees have forced me to amend my way of thinking, at least on the civil side of the house anyway. I have to chuckle when I say that because my experience as a client of Jim Adler's firm has been exceptionally pleasant. So before I venture down one of the stereotypical and infinite number of rabbit holes associated with the relationship between members of law enforcement and lawyers; I will do my best to stay focused on my experience with Jim Adler & Associates. Upon being informed that my case had been accepted by Jim Adler's office; I was contacted by Iris Sanchez who informed me that she was to be my case manager and any questions, comments and concerns could be directed to her. I was pleasantly surprised to receive regular calls from Iris assisting with my medical appointments and future follow up appointments. Iris had informed me that Jim Adler's son, Bill Adler would be handling my case and I was even more surprised to receive several calls from Bill to discuss my case. Now you might be thinking "what's the big deal" with the person who is representing you contacting you? In reality, you are correct in that it isn't a big deal but, what is noteworthy and what separates Jim Adler's Office from the multitude of other lawyers is the genuine expressions of concern and the desire Bill Adler conveyed to me to do their best to help me. I felt an immediate connection and instantly realized I had made the correct choice in contacting Jim Adler & Associates to handle my case. One thing I think lawyers and police officers can agree on is the proverbial wheels of justice turn very slowly. Months go by and our professional relationship is never neglected. Through the unwavering attention of Iris Sanchez and Bill Adler himself, I never felt "out of the loop" so to speak and always had a clear understanding of where my case was at in regards to the legal process. In conclusion, I know my brief description of my experiences with Bill Adler and, his assistant Iris Sanchez, cannot provide the credit they deserve. Together they have done an outstanding job representing their firm/employer. If you are seeking a great firm to represent your legal interests and, take comfort in establishing a professional relationship that feels more like a friendship than a casual business acquaintance, then I highly suggest Jim Adler & Associates.
Tierra Clark
Tierra Clark
18:52 19 May 17
My lawyer Bill Adler and case manager Iris Sanchez are amazing! They constantly call and check on you . They keep you up to date through the process. They care about you as a person and not just a client. The wreck was a life changing experience that I've never been through before. I'm just glad I had the right people like Bill Adler and Iris Sanchez to help me through it. Truly satisfied.Thanks and God bless y'all!
Lorenzo Preston
Lorenzo Preston
17:23 26 Jan 17
Jim Adler only offer nothing less than a great experience. They are a very well-established organization. They are outstanding on keeping you up to date with cases. There's no beating around the bush with this organization as they are only straight forward with the whole process. They treat their customers like family as well as go above and beyond to fight cases for you only leaving you with nothing but the best experience. Easy 5-star rated organization. I would highly recommend this one organization you not look over.
Tori Barroga
Tori Barroga
14:17 11 May 17
I was dropped from a previous law firm regarding my case before I called Jim Adler. They immediately took up my case and worked hard on it - I was always up to date with each step they took and the benefits or consequences of each. In the end, I am highly satisfied with the outcome and would not have it any other way. It took some time but I truly appreciate and want to thank everybody who helped me on this journey and worked tirelessly on it.
Bernard Orozco
Bernard Orozco
17:16 23 Feb 17
I am very happy with Jim Adler & Associates. I did not know anyone who has ever used the Law Firm before. The staff is very friendly and treated me as if I were family. At times it got very stressful being without a job. They helped me when I was confused about the process. Mrs. Theresa Rodriguez stayed in contact with me constantly. Checking on me to see how I was doing and to let me know how things were going on there end. The Attorneys that handled my case know exactly what they are doing to take good care of me. Thank You so much Attorney's Mr.Michael Gomez and Mr.Trey Smith.
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