Many of us assume that the products we purchase are well-designed and manufactured to rigorously high standards. But when safety standards don’t meet the required levels, it might be time to call a product liability lawyer. Joe Lucé is an experienced McKinney-based attorney and has seen many cases of products causing harm to consumers. So what do you need to know about product liability and personal injury law in Texas?
An Introduction to Product Liability Law
Have you recently bought something, only to find that it does not work or (worse) has caused you harm in some way? If so, you’re not alone – and you should start thinking about product liability.
Product liability refers to the legal process wherein a manufacturer or retailer is held responsible for the creation of defective products. In cases where certain products are deemed not only defective but also dangerous, this can have serious consequences for the manufacturer. Everyone is held accountable under U.S. product liability law.
So, What Happens During a Product Liability Case?
During a product liability case, there should be a contractual relationship between the consumer (the person who bought the defective or harmful product) and the manufacturer (the person held legally responsible). If this is not the case, it’s still very likely that the consumer will still receive compensation. As is always the case, the consumer must be able to prove that he or she obtained an injury after using the product – not before. In order to receive sufficient compensation (or compensation at all), the person must prove that the defective product was the cause of the injury.
Common Examples of Product Liability Lawsuits
Various product defects can lead to product liability lawsuits. Some of the following examples frequently occur in Texas.
- A car with a defective steering wheel that leads to a loss of control.
- Small children’s toys without adequate warnings.
- Car safety locks that don’t properly engage.
- Tobacco products that don’t warn of health risks.
- Electrical products that lead to electric shocks.
Product Liability for Defective Medication in Texas
Medication side effects can fall under product liability law if the manufacturer does not provide detailed instructions and warnings. If the Food and Drug Administration (FDA) approves the manufacturer’s warning, this may reduce the likelihood of a successful claim. However, there are cases where the manufacturer did not disclose all pertinent information during the approval process.
What Are the Different Forms of Product Liability Claims?
Essentially, there are three categories of claims that entitle a person to file product liability litigation. These include inherent dangerous design, lack of adequate help instructions, and defective manufacturing of the product. The latter is undoubtedly the most common. In determining whether or not you have a liability case on your hands, it’s important to do research into each type of case.
Three Main Types of Product Liability Claim Categories
A product liability attorney will need to prove that a product contained a defect that caused harm to the user. However, in the state of Texas product liability is a strict liability offense, so the victim is not required to prove negligence. Let’s take a closer look at the three main categories.
A design defect case attempts to prove a product contained an inherently dangerous design. The argument must show that decisions made during the product’s formulation led to unnecessary risk – risk that inevitably led to an injury. Crucially, the plaintiff must also identify practical design choices that would have produced a cost-effective, safe alternative.
Warning defects refer to the safety guidelines and warnings about potential dangers involved in using a product. Instructions should first identify any hazards that may not be clearly obvious in the use of the product. In addition, instructions must clearly describe how to use the product safely. If manufacturers are not clear in describing the dangers of using an item, this could result in a product liability lawsuit.
Manufacturing defects occur during the assembly of the product. A fault in the process or a deviation from the original design may lead to a dangerous defect that causes injury. If a suspected manufacturing defect injures a person, a personal injury attorney will need to prove the error existed. Identifying the specific issue can be difficult, but detailed research and evidence will help to build a substantial case.
Trusted Product Liability Attorney Serving McKinney and North Texas
Lucé Law, PC advises and represents North Texas clients during product liability litigation. If you have any questions about product litigation, personal injury cases and other related practice areas, Joe Lucé is here to help. To reach us, call (972) 632-1300 or request a free legal consultation now.