When we purchase products, we expect them to be safe and functional. However, defective products can cause serious injuries or even fatalities, leaving victims wondering how such items made it to the market. Understanding what makes a product defective and the legal framework for product liability in Texas is essential for holding manufacturers accountable and seeking justice.
Here, our Harris County personal injury attorneys at Hollingsworth Law Firm explain.
What are the Different Types of Product Defects?
Products can become dangerous due to design, manufacturing, or marketing defects.
In Texas, a product can be deemed defective for several reasons:
- Design Defects: Occur when a product’s design is inherently unsafe. Even if manufactured correctly, the product poses a risk to users. For example, a poorly designed car airbag that deploys too forcefully can injure or kill occupants.
- Manufacturing Defects: These arise during production and affect a specific batch of products. For instance, a batch of toys with loose parts that pose a choking hazard would fall under this category.
- Marketing Defects: Also known as failure-to-warn defects, these occur when a product lacks proper instructions or warnings about potential dangers. A common example is medication sold without adequate warnings about side effects.
Each type of defect requires different evidence and legal strategies to prove liability.
The Role of Strict Liability in Texas Product Liability Cases
Victims don’t need to prove negligence to hold manufacturers accountable under strict liability laws. Texas follows the principle of strict liability in product defect cases.
This means that injured parties don’t have to prove that the manufacturer was negligent; they only need to show that:
- The product was defective.
- The defect existed when the product left the manufacturer’s control.
- The defect caused the injury.
Strict liability ensures that manufacturers prioritize safety and take responsibility for their products.
Common Injuries Caused by Defective Products
Defective products can lead to a wide range of injuries, some of which are life-altering.
From household appliances to industrial machinery, defective products can cause:
- Burns from faulty electronics or appliances.
- Lacerations or amputations from poorly designed tools or machinery.
- Poisoning from mislabeled or contaminated food products.
- Internal injuries or death from defective medical devices or pharmaceuticals.
These injuries often result in extensive medical bills, lost wages, and emotional trauma, making legal action a crucial step toward recovery.
Steps to Take If a Defective Product Has Injured You
Acting quickly after an injury can preserve your rights and strengthen your case.
If a defective product has injured you, take the following steps:
- Preserve the Product: Keep the product in its original condition as evidence.
- Document Your Injuries: Take photos, seek medical attention, and keep detailed records.
- Report the Incident: Notify the manufacturer or retailer about the defect.
- Contact an Attorney: Our product liability attorneys can help you navigate the legal process and build a strong case.
How Hollingsworth Law Firm Can Help
Our experienced attorneys are dedicated to holding manufacturers accountable and securing compensation for victims.
At Hollingsworth Law Firm, we understand the complexities of product liability cases. From investigating the defect to negotiating with insurance companies, we handle every aspect of your claim. We aim to ensure you receive the justice and financial recovery you deserve.
Contact Our Personal Injury Attorneys at Hollingsworth Law Firm
If a defective product has injured you or a loved one, call 713-637-4560 or contact us online today for a consultation. Let us help you navigate your case and fight for the compensation you need to move forward.
Our skilled personal injury attorneys and bilingual support team are committed to assisting clients throughout Texas. With our contingency fee structure, you don’t pay a dime unless we successfully resolve your case. When you’re ready to pursue the justice and compensation you deserve, we’ll be there every step of the way, providing steadfast support and expert guidance.
What Makes a Product Defective? Understanding Texas Laws on Product Liability
Explain the criteria for defective products.
