defective products Accidents

Defective Product Accidents

Products we purchase are designed to make our lives easier. Sometimes, however, these products are designed, made, or marketed in a way that leads us to become harmed. Examples of defective products include:

• A car that accelerates on its own. 
• A drug that leads to serious medical problems.
• A toy that can be swallowed by a child.
• The safety lock on a door does not work. 

Product Liability

When it comes to product liability, there are three main types of product liability cases:

• Defective designs
• Manufacturing defects
• Marketing defects

Defective designs can lead to accidents because the design of the product is flawed which makes it unsuitable for use. This means that no matter how careful the production of the product was, it will still end up failing because the design was flawed. Defective designs can include a car that does not protect the passenger in a crash or sunscreen that does not protect the consumer from the sun.

Manufacturing defects are problems that occurred during the production process of the product. This could be caused by workers not putting the product together properly or poor-quality materials being used. Meaning, even if the design is sound, it was bound to be defective because of the production.

Finally, there are marketing defects. Some products are going to be dangerous just by virtue of their use. For example, a blender has sharp blades in it which can lead to injury if not used properly. It is the manufacturer’s duty to give the consumer warning of these dangers that the consumer may not recognize. 

Defective Product Liability in Texas

Defective products in Texas fall under strict liability offenses. This means that negligence on behalf of the consumer does not matter. If a product is defective and led to harm, the manufacturer can be held liable.  Any products that fall under the three liability cases are subject to a statute of limitations of fifteen years after the date of purchase. 

Defective Drug Liability in Texas

Manufacturers of defective drugs in Texas can sometimes not be held liable. If the manufacturer issues a warning that was approved by the FDA, then they may be able to avoid liability. However, if the manufacturer hid information that led to a defective product from the FDA, they can be held liable. 

Liability for a Defective Product

When you are creating a personal injury case due to a defective product it is essential that you correctly identify the party responsible. The responsible party could be:

• The retailer
• The manufacturer
• The manufacturer of certain parts of the products
• The distributor
• A third-party who assembled the product

Each party will attempt to place blame on one another when threatened with a defective product suit, so it is necessary to correctly find the party responsible. 

Compensation for Defective Products

Companies spend a lot of money on lawyers in order to avoid paying money towards defective product lawsuits. If you are able to effectively make your case, you can receive compensation for medical expenses, damage to property, and pain and suffering. 

If you believe you have been injured due to a defective product, contact Paxton Law and get help building your case with our free consultation.