Manufacturers have a legal responsibility: the products they sell to consumers must be free of defects that could cause the purchaser or user harm. If the product is dangerous, the victim may be able to recover money in compensation for his or her damages.
This list is not exhaustive, but these are a few of the defective product types that have injured or killed consumers in recent years:
- All types of motor vehicles including cars, motorcycles, and trucks
- Component auto parts
- Household products
- Electrical devices
- Medical devices, including implants and prostheses
- Pharmaceutical and over-the-counter medications
- Tainted foods
- Children’s products including cribs, strollers, baby baths, and toys
- Scalding drinks
This is only a partial list. If any type of product has injured you seriously, speak to a Dallas-Fort Worth defective product attorney to learn about your rights.
Categories of Product Defects
The three categories of product defects include:
- Defects in design
- Defects in manufacturing
- Failure to warn or marketing defects
Defects in design are those that cause a product to be inherently dangerous before it is ever produced or marketed. Defects in manufacturing occur in the factory and may be the result of human error or improper training of workers, faulty machinery or equipment, lack of adequate quality control procedures, or poor quality materials. Failure-to-warn defects concern the instructions for use of the product. If the packaging or insert fails to alert you to a potential hazard with ordinary use, the company selling the product could be found liable for your injuries.
What Is Strict Liability and How Does it Apply to Defective Products?
In most personal injury cases, you need to prove that your injuries were caused by someone else’s negligence. In defective product cases, no proof of negligence is required. Under the legal doctrine of “strict liability,” you will only need to prove the following elements:
- The product contained a defect that caused an unreasonable danger to the consumer.
- You used the product for its intended purpose.
- The product was not altered from the condition in which it was purchased.
- As a direct result of the defect in the product, you sustained injuries.
- You incurred documentable damages as result your use of the product.
What Should You Do if You or a Family Member Has Been Harmed by a Defective Product?
If you or someone you love was injured because a product was defective, we advise you to take the following steps:
- Most importantly, hire the best personal injury attorney you can find. Defective product cases are complex and demanding, requiring specific product liability experience and legal expertise.
- Get medical attention immediately. Keep all of your appointments and follow your doctor’s advice to the letter.
- Save the defective product and its packaging if available, along with the receipt. This will provide the evidence that will help your attorney prove your case.
- Never speak directly to the manufacturer or the insurance company. Do not give a recorded statement or sign anything. Refer all calls to your attorney, whose job it is to protect your right to recover compensation for all of your damages, both the economic and quality of life damages you have suffered.