Product Defects

Every year, thousands of consumers sustain serious injuries from dangerous and defective products. Many of these injuries could be avoided if the manufacturers or distributors of these products took additional steps to ensure consumer safety. The main incentive to increase product safety is to avoid potential liability in product liability lawsuits, which provide compensation for the personal injuries sustained from the use of a defective product. If you have suffered injuries due to a defective product you may be able to file a claim against the manufacturer to recover damages. You do not necessarily have to prove that the manufacturer was negligent.

Product liability refers to a manufacturer or seller being held liable for placing a defective product into the hands of a consumer. Responsibility for a product defect that causes injury lies with all sellers of the product who are in the distribution chain. Potentially liable parties include: the manufacturer; a manufacturer of component parts; the wholesaler, and the retail store that sold to the end consumer.

In a product liability cause of action, products with inherent defects which harm any consumer of that product are potentially liable to the injured party in a product liability lawsuit. Product liability lawsuits can be based on any number of different theories, such as: negligence, strict liability, defect in design, and or breach of warranty.

Product liability claims, often called strict product liability, can be established if you are able to prove three things:

• The product was defective
• The defect existed prior to the manufacturer releasing the product
• The defect caused your damages

Manufacturers and their marketers must label the product in such a way as to warn of all dangers associated with its' use. They must specifically state how that product should be used and warn you of the hazards.

Whether dealing with a manufacturing flaw or defect, a design flaw or defect, or where a product is unreasonably dangerous because of inadequate instructions or warnings, we ensure that injured consumers or the family and heirs of deceased consumers receive fair treatment under Texas law for injuries caused by dangerous and defective products.

Please contact us if you or a family member has been injured by a dangerous or defective product such as:

• Air bags
• Alcoholic beverages
• Auto crashes
• Chemical Products
• Dietary supplements
• Firearms
• Food and agricultural products
• Household products
• Machinery and tools
• Medical devices
• Medical products and devices
• Motor vehicles
• Pharmaceutical products
• Prescription drugs
• Recreational products
• SUV rollovers
• Tires
• Toys and Child products
• Vehicles

Responsibility for Defective Products:

The rules on who is responsible for a defective product, and what must be proven in court to hold them liable, vary from state to state. In most states, the parties who may held liable include:

• The manufacturer
• The designer
• The manufacturer of component parts
• Someone who modified the product
• The wholesaler
• The dealer or retail seller

What kind of defects can cause product liability?
There are three primary types of product defects:

• Design Defect: defects that are present before the product is manufactured
• Manufacturing Defect: defects that occur during the construction phase
• Warning Defect: when inaccurate information is given or a failure to notify consumers of hidden dangers

Who can you sue for a Defective Product?
If a product does not work properly or causes harm to the user, then any of the following parties may be liable:

• The company that designed the product
• The company that manufactured the product
• The company that sold the product

What can you recover with a Product Liability case?
If you have a defective product, you may be able to recover the cost to replace the product. If the defective product also caused personal injuries, you may seek compensation for your:

• Medical Bills
• Missed Work
• Pain & Suffering
• Loss of Consortium - lost time and companionship with your spouse
• Loss of physical capacity
• Pain, suffering, and mental anguish
• Punitive Damages - extra money to punish the defendant if they acted exceptionally irresponsibly.

If you believe that you or someone in your family has been injured due to a defective product, or defective consumer good, contact us today.