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Product Defect Lawyers
Our product liability attorneys at Texas Personal Injury Lawyers are well-versed in the legislation that protects consumers from the suffering caused by defective goods. When a user is injured as a result of a faulty product, numerous parties may be held liable for releasing a product they were aware or should have been aware posed an injury risk to users.
The location in which the product liability claim is filed will determine those who are responsible for the chain of commerce as the defective product travels from manufacturer to customer. A person or business may be held liable for a variety of items, including medical devices that malfunction and food that causes food poisoning.
If you or someone you know has been hurt by a faulty product, you may be entitled to compensation. Our law firm’s attorneys have a track record of winning product liability cases and getting reimbursements for their clients. Please complete our free, no obligation case evaluation form now if you would like us to help you.
Manufacturing, Design, And Marketing Defects
Depending on the kind of defect, a person who has been hurt by a faulty product may have grounds to bring a court action against the manufacturer, wholesaler, or dealer. The two most prevalent types of product flaws under federal law are design flaws and manufacturing flaws.
Manufacturing Defects
These are the result of faulty assembly and were not intended to be included in the final product. This form of flaw is unusual only in a tiny fraction of a company’s manufactured items. A manufacturer is responsible for any manufacturing issues that arise as a result of faulty construction, even if they exercised due diligence throughout the production process, according to the principle of strict liability. The claimant must establish that the defect cited as causing their harm was present at the time of production.
Design Defect
A design flaw is a problem with the product’s original blueprint that makes it unsafe and exposes users to danger. This sort of fault will almost certainly be present in all of a company’s manufactured items.
The following questions are used to determine whether a design defect exists:
- Was the product’s design inherently dangerous before it was manufactured?
- Was it conceivable that the product’s design might be harmful to a potential user?
- Is it possible that the manufacturer utilized a more effective design that was both cost-effective and met the product’s goal?
If any of these concerns are answered in the affirmative, the injured party might have grounds for a design defect claim, and they should contact one of our attorneys as soon as possible.
Failure To Warn
A manufacturer’s failure to disclose potential hazards may also be subject to a product liability claim. If warnings or instructions could have prevented injury from foreseeable factors and/or if the warnings themselves, when followed correctly, caused harm, any link in the distribution chain can be held liable.
Warning Labels
The American National Standards Institute (ANSI), which is in charge of regulating safety symbols and product safety signs and labels, substantially modified their warning label standards in 2002. The new requirements encourage signage that is easier to understand, contains more information, and uses pictures to illustrate safety concerns.
According to the ANSI standard, a warning label should:
- Inform the consumer of existing hazards
- Inform the consumer of the severity of the risk involved with the particular product
- Inform the consumer of the effects of the hazard
- Inform the consumer how to avoid the hazard
A warning should be as eye-catching as possible and placed as near to the danger zone as feasible. The label should be designed with the product’s expected life span and typical settings in mind. Three color-coded keywords have been assigned by ANSI to notify the customer of the hazard’s degree of severity:
Danger (red)
A hazardous event that will result in significant bodily harm or death is imminent.
Warning (orange)
A potentially hazardous circumstance that may end in serious injury or death.
Caution (yellow)
A potentially hazardous condition that could end in moderate or slight injury.
To improve visibility, one of these phrases, as well as the risk’s description, should be printed on a white square field. The label may be duplicated beneath the keyword by cutting across the boxes and grouping them together. The version for this section should include a symbol or graphics area (e.g., a red circle with a slash through a depiction of an act of carelessness) as well as a message portion that emphasizes data relevant to the hazard.
As a result of the aforementioned variables, it is important to establish whether the warning label on your product is adequate. The following are some examples of questions that may be used to assess if your product’s warning statement is accurate:
- Was there a high chance that the product would do you harm?
- Was the product being used for its intended purpose?
- What level of knowledge would the manufacturer assume the user had? (The degree of responsibility to notify varies as the product gets more complicated.)
- How much did the label relies on the user’s experience and expertise?
- Was the warning straightforward and obvious to comprehend?
Types Of Product Liability Lawsuits
Product liability claims are divided into three categories.
Negligence
The claimant must demonstrate that the product’s design or production was careless, causing his or her injuries. The plaintiff must first show that the defendant had a duty to sell a safe product. The consumer must then prove that the defendant breached this obligation. If the plaintiff can show that the defendant was aware or should have been aware of the product’s flaws, he or she may be able to prove a “breach of duty.” The claimant must also demonstrate that the defective goods were responsible for his or her injuries.
There are numerous elements of product production in which carelessness is conceivable, such as:
- Drawing up or reviewing product plans
- Maintaining machines responsible for fabricating various components of the product
- Failing to foresee plausible uses for the product
- Failing to inspect or test the product sufficiently
- Releasing the product to the mainstream too hastily
Strict Liability
In general, product liability claims are based on the principle of strict liability. The injured party must only demonstrate that a product has a flaw and that an injury was caused as a result. A manufacturer may be held liable for any resulting damages, even if they took great care while creating the product if a defect exists. For strict liability to apply, the product must have been acquired in the chain of distribution. Secondhand products are not covered by strict liability claims.
Breach Of Warranty: When a product is sold, the buyer relies on two warranties: an express warranty and an implied warranty.
- Express Warranty: Any information about the product or its safety supplied by the producer or seller is false.
- Implied Warranty: An implied warranty by the manufacturer (or any other responsible party) that the product, if properly used, will not cause injury.
A person who would reasonably be expected to use the product is protected under a breach of warranty claim.
When Is A Class Action Lawsuit Necessary?
A product liability claim may be filed individually or as part of a class action, depending on the defectiveness of the defective product’s effects on a large number of people. A small group of individuals will represent thousands of persons who have incurred similar injuries in a product liability class action lawsuit. When the amount of compensation each claimant receives is minor, and when the potential value of an individual claim does not outweigh the legal costs involved, filing or joining a class action may be advisable. When consumers have suffered severe or unusual injuries, a class action lawsuit is generally avoided.
Food Poisoning, As Well As Product Liability
The number of product liability claims based on foodborne illnesses and sickness has been increasing. Product liability lawsuits are generally filed in response to food poisoning and food injuries. Anyone in the supply chain, from the manufacturer to the retailer, as well as anybody who handles the food throughout this process, can be sued.
One of the most difficult aspects about pursuing a food poisoning product liability claim is establishing a link between the damage and the food. In most situations, the meal will have been eaten or thrown away by the time symptoms of food poisoning or bodily harm appear. Samples of food from the same batch produced or sold by the manufacturer or supplier, evidence of germs or microorganisms in both the victim and food supply, and, if feasible, the actual product eaten can all aid in proving causation.
A product liability attorney can assist you in gathering evidence to support your claim and assess which legal theory you should pursue.
Who Is Liable For A Defective Product Injuries?
In the event of a product defect, an injured client can pursue compensation from one or more liable parties, such as manufacturers, wholesalers, and/or retail outlets. In a product liability case, determining the defendant is not a question of picking one liable party over another; any party linked to a faulty product’s chain of distribution may be sued under the theory that they created or sold it. It’s critical to include any parties throughout the distribution chain when filing a claim for a faulty product.
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Manufacturer
It may be a major corporation, someone working out of his or her garage, or any of the product’s designers or marketers. Manufacturers of both the defective component and the overall product can be named in a suit.
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Retailer
A manufacturer’s responsibility for ensuring that items on sale are safe and suitable for use is assumed by the store when it promotes them for sale. Even if the seller of a defective product was not involved in their production, they may be held liable for damages if a customer purchases one.
When you sue a retailer, keep the following points in mind:
- You are not required to be the one who acquired the faulty product.
- You don’t have to be the one who consumed the faulty product.
- You may be entitled to compensation for previously used items (depending on the product, the nature of the fault, and applicable state legislation).
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Wholesaler
The wholesaler is the “middleman” between the producer and the retailer.
Any or all of the above parties may be held liable for damages caused by a dangerous or defectively designed product.
What Is An Attorney’s Role In A Product Liability Lawsuit And What Can They Help Me Recover?
In many cases, a defective product’s injuries are classified as compensatory, special, or punitive. When a claimant wins a product liability claim, they can be eligible for compensation for the following:
Compensatory Damages:
These are intended to restore the plaintiff “whole” after an accident or injury. Actual and general compensatory damages are two different sorts of compensatory damages.
Special Damages:
Damages for these causes include, but are not limited to, the following: medical and hospital expenses, missed income, transportation costs of a substitute vehicle, and the expense of repairing or replacing damaged property.
General Damages:
Most insurance policies don’t cover these sorts of damages since they’re difficult to value and, in most cases, cannot be monetarily compensated. These include things like pain and suffering, mental anguish, medical expenses, the value of future lost earnings, loss of companionship, and loss of life’s pleasure.
Medical costs can get out of hand, especially if you have a significant accident or negligence, both of which may be related to your product liability claim.
What Are The Elements Of A Successful Product Liability Claim?
In a product liability claim, plaintiffs must establish the following elements of a negligence case:
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The plaintiff was injured or suffered losses:
The plaintiff must demonstrate that he or she has been harmed by using the faulty product. There can be no claim unless there is actual harm or monetary loss as a result of utilizing the defective product.
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The product is defective:
The plaintiff must show that the product has a design or manufacturing flaw, or that the business failed to disclose dangers associated with it.
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The defect was the actual and proximate cause of the injury:
The injury must have been caused by the defect. The defective device must also be the direct cause of the harm. As a result, where an intervening event supplants the faulty product as the immediate cause of harm, the defendant will not be held responsible.
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The product was being used as intended:
The product must have been used in accordance with the manufacturer’s intended or expected usage, or in a manner that a reasonable person would utilize it.
Contact Texas Personal Injury Lawyers
Defective products can create a lot of physical, emotional, and financial stress. If you or someone you know has been hurt by a faulty or defective product, one of our attorneys may be able to assist. Please call us immediately for a no cost, no obligation case evaluation session with one of our product liability lawyers.
Call us at (888) 997-2148 now for you free consultation.
We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely FREE. Contact us to learn what Texas Personal Injury Lawyers can accomplish for you.