Manufacturers, distributors, and retailers of industrial and consumer products have a responsibility to ensure that their products are safe for their intended use and free of defects that may cause accidental injury or loss of life. In cases where negligence results in an accident that causes injury or death, victims may file an insurance claim or lawsuit for damages. This is known as product liability.
Product Liability Law Explained
Product liability attorneys pursue justice on the basis of common law and the Uniform Commercial Code. Article 2 of the Uniform Commercial Code addresses the sale of goods, and has been adopted by many states including Texas. “Product liability” exists if a product contains inherent defects that cause harm to the consumer of the product.
Holding Manufacturers Accountable
Manufacturing safety regulations in Texas are intended to assure the public that products that enter our marketplace are safe from dangerous defects. Unfortunately, the past several years has seen an erosion of product safety laws, as state legislatures and the U.S. Congress have given in to demands to relax safety standards. The result has been a dramatic increase in serious injuries and deaths resulting from defects and dangerous designs.
What Constitutes a Defective Product?
A “defective product” is one that causes injury to a person because of some defect in the product or its labeling or the way the product was used. The manufacturer, and in some cases the distributor, of the products that cause injury are often liable for the injuries defective products cause. Three common legal theories that can serve as the basis of successful product liability cases include:
- Product manufacturing defect – injuries due to a defect caused during the manufacturing process of the product.
- Defects in design of product – Injuries caused by poor product design, regardless of lack of defect in the product. Examples may include lawn care equipment which was built without proper safety guards. In these cases a safe, alternate design that was readily available at the time the product was manufactured should have been used but wasn’t, and the injuries resulted from this design flaw.
- Inadequate warning or failure to warn – Injuries due to potentially dangerous products sold without a proper consumer warning. An example would be an over-the-counter drug sold without a warning of its hazards of use or that it should not be consumed with certain other products.
Product Liability Lawsuits
If you were injured by a defective product, you could be entitled to significant financial compensation for your pain and suffering, medical expenses, lost income, disability, and more. Below, you will find a list of a few products that could potentially cause serious injury.
Do I Have a Product Liability Lawsuit?
Collen A. Clark is a true advocate for his clients and is passionate about helping Texans that have been injured or wronged.
Collen’s amazing success in the courtroom and well known dedication to his clients has earned him the recognition of his peers as one of The Top Trial Lawyers in Texas.”
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