To have a valid product liability claim, you’ll need to prove that one or more of the following defects existed: a manufacturing defect, design defect or marketing defect (also known as failure to warn). In addition to establishing the existence of the defect, you’ll also need to be able to clearly establish how the defect caused you injury. In other words, you’ll need to show you wouldn’t have been injured if the product hadn’t been defective.
If you’ve been injured by a dangerous or defective product, you may be eligible for compensation for the injuries and suffering you were forced to endure. Our Houston product liability attorneys are here to help you navigate the situation and hold the at-fault party liable for your injuries.
Types of Product Liability Claims
Manufacturing Defects
This common type of defect occurs when a product is manufactured incorrectly despite having a safe design. These defects can include using incorrect materials, faulty components or deviating from the intended production specifications.
For example, a car accident caused by the accelerator pedal becoming stuck might be the result of a manufacturing error that took place during the assembly of the vehicle.
Design Defects
A product can be manufactured correctly and still be defective if its design is inherently flawed. This happens when an engineer or designer fails to account for potential safety issues, fails to incorporate necessary safety features, or makes poor design choices that could result in harm to users or consumers.
For instance, Bumbo baby seats, designed for infants to sit in, had a design defect that allowed babies to wriggle out of them. Babies placed in the seats could arch their backs and tip backward, often causing head injuries and skull fractures, especially if they were set on a high object like a table or chair.
Marketing Defects (Failure to Warn)
A product that is designed and manufactured correctly but doesn’t feature necessary warnings or instructions on how to safely use it may also be considered defective.
Some products are inherently dangerous to use, such as kitchen appliances with sharp blades, power tools or lawn mowers. While those types of products do normally contain warnings about risks of cuts and lacerations, there’s also an assumed level of risk consumers accept due to obvious potential dangers of using any kind of bladed tool.
On the other hand, products like pharmaceuticals often pose allergy or dangerous drug interaction risks that aren’t immediately obvious to consumers who may be vulnerable. These medications must come with detailed instructions and a comprehensive list of side effects. If the instructions are insufficient or ambiguous, or if important warnings are omitted, consumers may not use the product safely, leading to potentially severe health consequences.
What Role Does Strict Liability Play in My Product Liability Claim?
The doctrine of strict liability applies to most product liability claims. In traditional negligence-based claims, like medical malpractice or car accidents, the plaintiff (the injured victim) must prove the at-fault party acted with negligence and that negligence led to a preventable accident. In a product liability claim, the step of proving negligence can be entirely skipped. All you need to prove is that the product was defective and that the defect caused your injury or damages.
Strict liability places the burden on the manufacturer or seller to ensure the safety and quality of their products, reinforcing the principle that they are responsible for any harm caused by those products, regardless of their level of fault or intention.
This legal doctrine serves to protect consumers by holding those who profit from selling products accountable for their safety and reliability.
Were You or a Loved One Injured by a Dangerous Product in Houston?
If you’ve suffered injuries due to a defective product you trusted was safe to use, you have every right to pursue compensation and justice for your damages.
The defective product attorneys at the Weycer Law Firm are committed to helping you recover compensation after you’ve been injured due to a manufacturing, design or marketing defect.
Establishing liability in a dangerous product case isn’t easy or straightforward and requires legal expertise, investigative knowhow, critical thinking and the ability to understand complex technical information regarding products and the manufacturing processes. In addition to all that, product liability attorneys also need strong negotiation skills and the ability to navigate the complexities of strict liability injury cases.
That’s where our Houston personal injury attorneys come in. To discuss your case for free, call us today at (713) 668-4545.