As consumers, we expect that the products we buy are safe to use. Unfortunately, this is not always the case. Serious injuries involving defective products occur every year, sometimes resulting in death.
If you are injured by a product defect, you have the right to pursue a product liability lawsuit against the manufacturer. Usually, these lawsuits fall under one of three categories: design defects, manufacturing defects, or a failure to warn or provide adequate instructions.
Defective Manufacturing Claims
One of the most common types of product liability claims involves errors in the manufacturing process. In this situation, the injury-causing product is defectively manufactured due to some sort of issue at the facility where it was fabricated. The product is different from the other ones on the shelf, which makes it dangerous for the consumer.
Below are a few examples of manufacturing defects:
- A motorcycle that is missing its brake pads
- A batch of cough syrup that is contaminated by a toxic substance
- A child’s toy with sharp edges that were not sanded down
To file a product liability claim involving a manufacturing defect, you will need to prove that the error is responsible for the injury. For example, if you purchased a swing set with your child that came with a cracked chain, you will need to show that the cracked chain caused your child to suffer his or her injury.
Defective Design Claims
The second type of product liability claims involve defectively designed products. The product is inherently dangerous due to how they are made. All of the items manufactured according to these specifications can pose a serious risk to the consumer. Read more about this issue here.
Below are a few examples of design defects:
- A car’s design makes it more susceptible to rolling over when driving around sharp corners.
- A pressure cooker can be opened before depressurizing, causing the contents to splash onto the consumer.
- A medication contains an impurity that develops at warm temperatures, increasing patients’ risk of cancer.
- A lawnmower does not have appropriate safety controls built in, making it difficult for an owner to shut it off during an emergency.
Like manufacturing defect claims, you will need to prove that the design was the cause of your injury in order to recover compensation.
Failure to Warn Claims
When creating a product, manufacturers have a duty to provide adequate warnings and instructions so that users can safely handle the item. A failure to warn claim arises when this information is not included, causing a consumer to suffer an injury.
Below are a few examples of failure to warn claims:
- A medication can be toxic when used with a common over-the-counter drug, but its instructions do not mention this risk.
- A line of paint contains a corrosive formula but fails to include instructions for safe handling.
- A children’s toy includes small parts that pose a choking hazard, but this warning is not included in the manual.
These product liability claims typically involve products that are not obviously dangerous or require special care or diligence when using them. You will need to show that the injury occurred as a result of the failure to warn.
Speak to a Texas Product Liability Lawyer About Your Case
If you believe that you qualify for a product liability claim, you need an attorney on your side who can fight for your right to recovery. As soon as possible after your injury, contact an attorney to discuss your case and plan your next steps.
