Our Services

Commercial and Consumer Litigation

OUR SERVICE

COMMERICIAL AND CONSUMER LITIGATION

Think you don’t need a Dallas commercial business or consumer litigation lawyer / attorney? Think again

As a Dallas Commercial Business Litigation Lawyer, We handle commercial litigation with the same zeal and rigor we apply to the personal injury cases we take on. Where core issues are complex and technical, we are quick studies, capable of translating the arcane and esoteric into ‘jurorese’.

Commercial litigation often stems around contractual issues and other business matters. Some of these disputes involve significant amounts of money, but not all.

We also take on commercial torts, such as business disparagement, misappropriation of trade secrets, and tortious interference claims.

We have the skills required to effectively litigate and try these kinds of cases, and we have flexible payment options, including pure contingency, where you only pay us if we recover for you, and hybrid retainer, where we mix contingent fee representation with reduced ‘pay-as-you-go’ fees.

Do I Need A Commercial and Consumer Litigation Attorney?

Many people want to think that they can solve their own problems, and this becomes especially true when the matter at issue relates to a person’s business. In truth, contract law and many business agreements are extraordinarily complex, and it can be challenging for the average person to understand all of the legalities of the documents involved in most disputes.

When your company is being sued, you need to respond to legal actions in a timely and appropriate manner. Delays in these types of cases can have massive consequences, and commercial litigation can have dire effects on overall business strategy.

This is one of the many reasons to hire a Dallas commercial business litigation lawyer.

Do I have a product liability claim?

If you have sustained an injury as the result of a defective product, then you may have a product liability claim.

What is a product liability claim?

Imagine your friend just purchased a new bike. While riding the bike home, your friend’s handlebars fall off because they were not welded properly. Your friend loses control and crashes into a wall, injuring himself. In a situation like this one, your friend has a product liability claim. 

Product liability claims are different from negligence claims because the latter requires a Plaintiff to prove the Defendant was negligent, while the former requires a Plaintiff to prove that the product itself was defective.

In a sale, the seller and manufacturer of the product make promises to the buyer; these promises are called implied warranties. Included among these implied warranties is that the product is functional—that is, not defective—and reasonably fit to be used for the purpose for which it was sold. Should a person be injured while reasonably using the product because it does not adhere to the seller and manufacturers’ implied warranties, those parties are liable for the buyer’s injuries.

Can a third-party fill out a claim?

The injured party does not have to be the buyer in order to file a claim; anyone who could have reasonably been expected to use the allegedly-defective product can file a product liability claim.

Simple vs. complex liability claims:

Claims under the theory of product liability can range in complexity.

There are simple claims such as a consumer purchasing a food product from a grocery store and becoming ill from eating it because the product was spoiled or contaminated. The supermarket is responsible for the damages, even if it adhered to the proper standard of care, The supermarket can and should look to the product wholesaler and manufacturer to share in liability when presented with a product liability suit.

However, there are more complex cases where a product is defective by design. Due to the need to engage experts to investigate and testify to these design flaws, as well as other elements of pursuing these types of cases, they can be expensive and intensive to litigate. An example of a complex case would be if a cell phone was designed in such a way that the battery was more likely to explode than if the product had been designed differently.

The defense may argue that a product liability claimant contributed to the cause of the injury. Generally, the defense suggests that the injured party misused or negligently used the product, therefore causing the injury. When this contributory negligence is alleged, a jury can choose to apportion a percentage of the liability to the claimant. Should the claimant’s liability be decided at equal to or greater than that of the defendant, the claimant cannot recover.

Another layer of complexity can also be present: if the manufacturer was aware of the probability that its product would be misused in specific ways and failed to remedy the defect, it is subject to liability as well.

Essentially, product liability cases exist because sellers and manufacturers have an obligation to their consumers to sell products that are not defective.

Contact Our Dallas Commercial and Consumer Litigation Attorney Today

Are you involved in a consumer or commercial dispute in Dallas or a surrounding area of Texas? Make sure that you quickly seek the help of a lawyer for achieving the best possible resolution to your case.

Winocour Law has been serving clients throughout the Dallas area since 2002. Call (214) 575-6060 or contact us online to set up a free consultation.

Frequently Asked Questions (FAQs) About Commercial and Consumer Litigation

When is a contract unenforceable?

A valid contract usually requires the person signing it to be competent, which means of contractual capacity. A contract might not be valid if the person signing the contract was a minor who was not the age of majority. Similarly, a contract could also be invalid if a person was forced to sign the agreement under duress. Contracts also cannot be for illegal purposes, so a contract cannot be enforced when it required a participant to violate any federal, state, or local law. If one of the parties misrepresented the terms of the contract to a person signing it, then the contract could also be unenforceable.

Which types of contracts must be in writing to be considered valid?

Texas Business & Commerce Code § 26.01 establishes that none of the following promises or agreements are enforceable unless they, or memorandums of them, are in writing and signed by the person to be charged with the promise or agreement or by someone lawfully authorized to sign for them:

  • A promise by an executor or administrator to answer out of their own estate for any debt or damage due from their testator or intestate
  • A promise by one person to answer for default, debt, or miscarriage of another individual
  • An agreement made on consideration of marriage or nonmarital conjugal cohabitation
  • A contract for the sale of real estate
  • A lease of real estate for longer than one year
  • An agreement not to be performed within one year of the date of making the agreement
  • An agreement to pay or promised commission for the sale or purchase of an oil or gas mining lease, an oil or gas royalty, minerals, or a mineral interest
  • A contract, agreement, promise, or warranty of cure relating to medical care or results made by a physician or health care provider (does not apply to pharmacists)

What is consideration?

Every single contract needs to involve some kind of consideration, which is usually the benefit a party expects to receive by entering the contract. Consideration is often monetary but does not always have to be. Consideration usually involves a party agreeing to do something they are otherwise not legally obligated to do or agreeing not to do something they have the right to do. The actual term consideration does not have to be used in a contract, but the consideration must be fair to be considered legally valid.

What is the difference between mediation and arbitration?

Mediation and arbitration are both forms of alternative dispute resolution that are designed to help people stay out of court. Both processes involve the two sides meeting with third parties to achieve resolutions, but the role of the third parties differs between mediation and arbitration.

In mediation, the third party is called a mediator and this person enters with the goal of trying to help the two sides arrive at a desired resolution by working with both sides. The mediator does not make judgments in disputes but instead identifies each party’s goals and tries to craft agreements that satisfy both parties.

In arbitration, the third party is an arbitrator and they effectively act as more of a judge than a mediator does. The arbitrator can decide issues at dispute and make rulings which can be legally enforceable in some cases.

Can my employer prevent me from working for a competitor?

Non-compete clauses or non-compete agreements are becoming exceptionally common in Texas, and employers may indeed have valid reasons for not wanting their employees to share extremely sensitive data with competitors in certain industries. Courts are willing to enforce non-compete agreements when they are reasonable in their scope.

You will want to be certain that you discuss the possible ramifications of a non-compete clause before signing any such agreement so you can be certain that you fully understand all of the possible consequences.