Product Liability Law
Product liability, or products liability, is derived mainly from tort law, and refers to the liability of parties involved in the manufacture of a product for damage caused by that product. Product liability lawyers represent victims of defective or dangerous products.
Texas Product Liability Lawyers
As just an example, a product liability lawsuit may include the manufacturer of dangerous products - from prescription drugs to dangerous equipment such as lawnmowers.
Product liability law also includes holding manufacturers responsible for defects in the design of cars and/or seat-belts, poorly designed infant seats, and improperly manufactured and designed hospital beds and side rails.
Product liability is considered to be a "strict liability" offense - which means is that it does not matter if the defendant is negligent or not. If there is a defect in the product, and that defect causes harm, product liability law dictates that defendant is liable.
Anyone who has been injured by a dangerous product needs to consult with an attorney experienced in product liability law. In many cases, the dangerous product may already have harmed multiple consumers. Some of the product liability cases may necessitate a class action lawsuit (although usually not). Some examples of product liability cases would include:
- Defective Airbags
- Defective Tires
- Dangerous Prescription Drugs
- Unsafe Toys & Baby Furniture
- Unsafe Workplace Equipment
- Defects in Safety Equipment
- Mesothelioma Caused by Asbestos Exposure
- Faulty Medical Equipment
- Product Recalls
There are thousands of new products are introduced into the marketplace every year. Companies from across the globe are releasing products to the public with one main goal – to make money. Their first thought is usually not safety, unfortunately. Although various federal and state regulatory agencies that set standards for the safety of consumer products, many dangerous products still make it into stores and into the hands of consumers. Product liability claims generally fall under one of three areas: manufacturing, design, and/or marketing (a failure to alert the public).
What is a manufacturing defect? A manufacturing defect occurs when there is an error in the production phase of a product. This involves an error in the construction process rather than a flaw in the design. Some examples of manufacturing defects include:
- A handle on a baby car seat that breaks
- A batch of tires of a specific brand that do not perform as well as others
- A car safety lock that doesn’t work
- A food product that is recalled because of some type of contamination
Defects in Design
Unlike a manufacturing defect, a design defect involves an error or defect in the original design of the product. These types of errors result because of the way the product was designed rather than the process involved in the product’s manufacture. Some of examples of design defects include:
- A child’s toy that includes a feature that is dangerous and can cause injury (think lawn darts)
- A car which is prone to rollover accidents or susceptible to roof crushes
Defects in Marketing
Defects in marketing occur when a danger is not apparent, the manufacturer is aware of the danger but fails to bring the matter to the attention of the public. In order for a consumer to file any kind of charges against the manufacturer, the products in question must have occurred while the product was being used for the purpose for which it was intended. This is an area in which medications often fall prey because there are often associated risks of which the patient is not always aware. Some of the common marketing defects include:
- A birth control product that leads to other medical problems
- A child’s clamp-on chair that doesn’t operate when the consumer doesn’t regularly replace the pads
- A log-splitter that results in injuries to users if their hands are in the wrong place at the time
Our firm is comprised of Texas injury lawyers who are experienced in handling defective product liability cases. If you believe you suffered injuries because of product liability issue and wish to speak to our experienced staff (for free), call our office today at 1-877-659-1620.