Mass Torts

Defective Products Lawyer

Toys, household appliances, laptop computers, and medications are all examples of products many people take for granted. Unfortunately, a product you use every day can end up hurting you if it has a design or manufacturing defect.

If you are injured because a product is defective, unsafe, or fails to meet design, construction, or performance standards, you may have grounds for a product liability case. You may be entitled to compensation for your medical expenses, lost income, pain and suffering, and other damages related to your injury.

At the Law Offices of Michael J. Gopin, PLLC, our dedicated product liability lawyers are all too familiar with the way insurance companies treat victims of defective products. Don’t let them decide your future if you or a loved one was injured through no fault of your own. Call us now for a free consultation, and let us fight for you.

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Michael J. Gopin
Legally reviewed by Michael J. Gopin

Michael J. Gopin has practiced law in El Paso since 1987. Even after more than 30 years, he still remembers his first jury case. It was two weeks after receiving his license, when he represented a person whose life had been forever changed after being blinded in a work-related incident...

What Is Product Liability?

Manufacturers are responsible for ensuring their products are safe for customers to use. When they fail to meet this responsibility, manufacturers can be held liable for the damages caused. In Texas, there are three types of defects manufacturers can be held liable for:

  • Design defects: These defects involve a flaw with the original design of the product. For example, if a manufacturer created a chef’s knife that had a sharp handle and cut people when they held the knife, that’s a problem with the design of the product, and manufacturers can be held liable for injuries caused. Manufacturing defects: These defects occur during the manufacturing process. For example, if there was an error made while manufacturing an auto part, and the defective part caused a car crash, manufacturers could be held liable for that.
  • Manufacturing defects: These defects occur during the manufacturing process. For example, if there was an error made while manufacturing an auto part, and the defective part caused a car crash, manufacturers could be held liable for that.
  • Failure to warn: Some products have inherent dangers associated with them. When this is the case, manufacturers have a duty to warn consumers of those dangers. For example, a medication may include many serious side effects, and consumers have a right to know about those. If a manufacturer fails to warn about the dangers a product could cause, the company could be held liable.

If you have been hurt by a defective product, you must speak to a Texas product liability lawyer who has the experience and the resources to take on a deep-pocketed manufacturer. Call our El Paso personal injury law firm today for the strong representation you need.

Common Types of Product Liability Claims

Sadly, there are many different types of defective products that hurt people every day. These include:

  • Auto parts
  • Auto parts
  • Medical devices
  • Household appliances
  • Chemicals
  • Cleaning products
  • Juul vaping products
  • Contaminated food - Baby Food
  • Industrial equipment and machinery
  • Cosmetics
  • Environmental products, such as pesticides
  • Pharmaceutical drugs
  • 3m Combat Earplugs

These are just a few of the types of products that can cause serious injuries due to manufacturer negligence. However, any type of product can hurt consumers. Do not hesitate to seek legal advice if you have been injured by a dangerous product.

How We Can Help with Your Product Liability Claim

When you put your trust in us to handle your case, you can count on our skilled product liability attorneys to:

  • Review your case for free and determine who should be held responsible
  • Conduct an investigation and collect evidence to substantiate your claim
  • Determine the full amount of damages you have incurred ─ and will face in the future ─ so we can demand maximum compensation for you
  • Communicate with the insurance company to protect your claim
  • Negotiate aggressively with the insurance company
  • Take the case to trial, if necessary

When filing a claim against a manufacturer, there are many people fighting against you. The manufacturer will certainly work against you, and the insurance company and their team of lawyers will, too. Your attorney will act as your advocate and work in your best interests to ensure your rights are protected.

Compensation for Your Injuries

It’s natural to wonder how much compensation you will receive for your injuries after an accident. Some losses, such as your medical expenses, are easy to quantify, because they have an actual dollar value. Other types of these damages include lost incomeproperty damage, and even loss of future earning capacity if you can’t return to the same line of work afterwards.

Other types of compensation aren’t as easy to calculate. These include pain and sufferingemotional distress, and more. Although these damages are harder to compensate than others, they are nonetheless losses and you deserve to be compensated for them. Our El Paso product liability attorney can advise on the full value of these damages based on the circumstances of your case.

Another type of compensation sometimes available in personal injury claims are punitive damages. A judge may award punitive damages for gross negligence, or carelessness, on behalf of the manufacturer. These damages are not intended to compensate you for your losses. They are meant to punish the defendant for their wrongdoing and deter them from similar behavior in the future.

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What to Do If You’ve Been Harmed by a Dangerous or Defective Product

We trust that the products we buy are safe for use as intended, so it can be shocking when a defective product causes a serious injury. As such, it’s normal to wonder what to do and what next steps to take. Taking the proper steps, though, is the only way to protect yourself and any future claim you may file.

First, you must seek medical attention immediately.

If it is an emergency, such as poisoning from defective medication, call 911 or visit your local emergency room. Seeking medical attention right away is important because your health should always be your top priority. However, there’s another reason you should always seek medical attention. This is because if you fail to do so, the insurance company for the manufacturer will argue that you couldn’t have sustained serious injuries because you did not seek medical help for them. This can hurt your claim.

Once you’ve taken care of your health issues, you must then focus on protecting your legal rights.

Start doing this by keeping the product. This will serve as important evidence and can show that the product wasn’t designed properly or that there was a flaw in the manufacturing process. Even if you don’t know the cause of the defect, an attorney will be able to conduct an investigation to determine what the flaw was that caused your accident.

You should then also document anything you can about the product.

Make sure you write down in a journal how you came to own the product, and how the accident occurred. Writing this down will ensure that your memory doesn’t fade and that you include every detail in your claim. You should also collect sales receipts, warranties, and maintenance documentation that can help prove your claim.

While you’re journaling, also include the extent of your injuries and how they are impacting your life.

If they have kept you from enjoying the things you once loved, it’s important to include those in your journal. If you can no longer work, you should also include this in your detailed outline of your injuries, as all these details can help support your claim.

The next step is to speak to a personal injury attorney who has extensive experience successfully handling product liability cases.

Our attorneys offer a free consultation, so you can get honest legal advice with no obligation to you. If you have grounds to file a claim against the manufacturer, our attorney will help you through the entire process.

Steps in a Defective Product Lawsuit

Understanding the steps that occur in a product liability lawsuit can help you feel more comfortable so you can move forward and claim the compensation you need. When you decide to file a claim, you will go through the following steps.

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Finding a defective product lawyer

The first thing you must do is speak to an attorney who can help you file your claim. A product liability attorney from our firm will advise on all of the steps you can expect and answer any questions you have.

2 / 7
The investigation

After your attorney has reviewed your claim, he will conduct a full investigation. During this investigation, your attorneys will collect evidence, interview eyewitnesses and expert witnesses, and craft a claim for the maximum amount of compensation you deserve.

3 / 7
The petition

Next, your attorney will file your petition with the court. This doesn’t mean that you’re going to court, only that your attorney is ensuring that the statute of limitations doesn’t expire. After your petition is filed, the defendant will have an opportunity to answer.

4 / 7

After the manufacturer and its insurance company receive your claim, negotiations will begin. These will occur between the insurance company and your attorney. The insurance company will start by making an offer. If you and your attorney do not think the offer is fair, your lawyer will make a counteroffer. Your attorney and the insurance company will go back and forth like this until a fair settlement is reached.

5 / 7

If a fair settlement is not reached, the case may move to During mediation, you and your attorney and the manufacturer or their insurance representative will meet with a mediator. A mediator will not intervene or offer legal advice. The mediator will simply try to bring the two sides to an agreement.

6 / 7

If a settlement cannot be reached, your case will go to trial to be heard in front of a judge. The first phase of trial is discovery, in which both sides will exchange their information and present their evidence against each other. After this, the trial moves to the testimony phase where witnesses are examined and cross-examined and evidence is presented.

7 / 7

Many people like to think that once their trial is over, their case is over, hopefully with a verdict in their favor. Unfortunately, the manufacturer still has the right to appeal if the judge or jury issues a verdict against them.

Our attorneys will walk you through every step of the legal process to ensure you understand what to expect.

Product Liability Statute of Limitations

In Texas, you have two years from the date of the accident to file your claim for compensation. This time limit is known as the statute of limitations. Although there are some exceptions to this, this time limit applies to most personal injury claims within the state. If you allow this time limit to expire, you likely won’t be able to file a claim at all.

Even when accident victims are aware of the statute of limitations, they may think they have plenty of time. The truth is, they don’t. Prior to filing, an attorney will have to conduct an investigation, determine how the product was defective, and prove the manufacturer was liable. This takes more time than people often realize, so it’s always best to speak to an El Paso personal injury attorney right away.

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We are experienced El Paso personal injury lawyers. Give us a call and you’ll be taken care of! (915) 333-3333

Michael J. GopinReviewsout of 5 reviews
"Awesome staff.

Worked hard for my case. Bills paid and I got highly compensated.”


Mr. Marshall had a premises liability accident in an El Paso restaurant where he took a pretty hard hit to his shoulder. Thanks to the Law Offices of Michael J. Gopin, he was able to get in a timely matter a settlement that was beyond his expectations!

"I was badly injured in an accident and the insurance was refusing to pay.

Michael Gopin settled my case and got my car fixed, medical bills paid and I got a great settlement too. The staff was caring and attentive to me. I couldn’t be happier. Go see Michael Gopin.”

"I was in bad shape when I hired Michael Gopin.

He and his staff quickly took care of my issues and settled case. I am beyond happy with their services.”


Cruz was involved in a terrible car accident and his car was totaled after the traumatic event. With the help of the Law Offices of Michael J. Gopin, PLLC., fate sided with him and the following legal processes went in his favor.

"Awesome settlement.

Everything smooth and easy. They fought hard for me and negotiated large discounts on my medical bills.”

"The staff and Michael Gopin were totally professional and caring.

My case settled and I received an excellent settlement. This office cared about me. Thanks Michael Gopin. I highly recommend.”


John and his son were involved in a traumatic car accident. Thanks to The Law Offices of Michael J. Gopin, PLLC., the Shamley Family had the support they needed to turn this painful experience into one of hope and triumph.

Related Practice Areas We Handle

Accidents can happen in a number of different ways. If you or a loved one has been hurt in an accident that was not your fault, you should speak to a personal injury lawyer in El Paso, Texas as soon as possible. Contact our law office today to set up a free consultation.

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Talk to an El Paso Defective Products Lawyer Now

If you have been hurt by a defective product, it’s important that you speak to an El Paso product liability lawyer as soon as possible. At the Law Offices of Michael J. Gopin, PLLC, we know how harmful defective products are, and we understand that if you’ve been hurt, you deserve compensation for your injuries.

Contact us today to schedule your free consultation so we can get started on your case.

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