Posted in Personal Injury, Product Liability on October 26, 2021
It is a manufacturer’s responsibility to ensure the safety of the products that it releases to the public. It must do so using accepted practices, including obeying product safety tests and meeting federal quality standards. Unfortunately, not every company meets this duty of care, resulting in defective products. If you or a loved one has been injured by a defective or dangerous product, your product liability lawsuit in Texas may be based on one of three main types of defects.
A design defect is a problem with the item even before it goes into production. It is a safety hazard that is inherent to the design of a product, such as an SUV that is designed with a center of gravity that is so high that it is at an unreasonable risk of rolling over. Design defects can result in an entire line of products that are unreasonably dangerous for consumers. Even if nothing goes wrong during manufacturing and the factory sticks to the intended design, the item could pose a risk of injury or death. Proving a design defect often requires evidence another reasonable and prudent designer or manufacturing company would have done something differently to avoid the hazard, such as using a safer alternative that was available at a reasonable cost.
A marketing defect means that something is wrong with the way that a company has packaged or advertised a product to the public. This type of defect is also known as a failure to warn. A manufacturing company has a duty to warn consumers of any known risks associated with a product, such as the risk of a toddler choking on small parts of a children’s toy that is only intended for children five and up.
Failing to give consumers adequate warnings of risks that may not be obvious is a breach of the manufacturing company’s responsibility toward public welfare. This is a common argument in product liability lawsuits that are based on defective drugs. These lawsuits often allege that the pharmaceutical company knew or should have known about the dangerous side effects associated with a drug or medication yet failed to warn the public of these side effects.
A manufacturing defect describes something that went wrong during the item’s assembly, production or manufacture that makes it unreasonably dangerous for consumers to use. An example is a batch of cookies that poses a health hazard to consumers after a piece of machinery breaks and leaves bits of metal in the cookie dough. Batches of products with manufacturing defects may have been safely designed and marketed, but a problem during production has created a health or safety risk.
What Is a Strict Product Liability Lawsuit?
If you or your attorney can prove the existence of one of these three types of product defects, you can most likely base your claim on the legal doctrine of strict product liability. This means that the manufacturer or distributor will be liable for your injury regardless of whether it was negligent or at fault. Strict liability enables consumers to go up against large and powerful manufacturing corporations without having to prove negligence.,
In general, if your lawyer can prove that the item contained one of these defects, that the item caused your injury or illness, and that you were using it as the manufacturer intended at the time of your injury, you will be eligible for financial compensation without having to prove that the manufacturer was negligent or did something wrong. Otherwise, your attorney may have to prove that the defendant is guilty of negligence or a breach of warranty to make you eligible for financial compensation. Discuss your case with an attorney today for more information.