Product Liability Info

What is Product Liability and Defective Product law about?
In what ways may a product be found legally defective?
Who may sue?
Who may be sued?
What can we help you recover?
What can be considered a defective product?
When and why should you seek the services of an experienced attorney?

What is Product Liability and Defective Product law about?

Whether you buy something from a big-box retailer, midsize market, outlet store, mall, or small grocer, you expect the product to be safe. However, sometimes you may buy a product that injures you, and product liability and defective product law dictates who is responsible for this breach of the implied warranty of fitness for the product’s intended uses. The place from where you purchased the product, the company that made the product, or even the company that advertised the product may be legally held responsible for your injury. These companies may be legally liable even if the product was loaned to you or given as a gift.

Millions of people are injured every year as a result of defective products, and thousands more are killed. A curling iron, water heater, pharmaceutical drug, baby stroller, safety seat, breast implant, an artificial replacement hip, or many other products can qualify as a defective product if they are found to be unreasonably dangerous. Products liability law is complex and confusing. The product liability attorneys at our law firm have extensive experience in product liability and defective product law will help you understand what legal rights you may have.

In what ways may a product be found legally defective?

There are three main ways in which a product may be found legally defective:

Defective Design

Sometimes, the defect in the product originates from the design itself. For example, a water heater’s faulty design could cause scalds or burns, or a lamp’s defective design could cause fire. It is the responsibility of the designer to create safe products. A defective design may be caught after the items have been sold. If that happens, the company will usually issue a product recall. Unfortunately for some consumers, the recall will happen after they are injured by the defective product, or the consumers will never learn of the recall. Many thousands of recalls happen each year.

Sometimes, the designer will not perform adequate testing of their design. Proper testing of the design is critical because consumers depend on the implied warranty of safety of the products they purchase. For example, a parent depends on the designer of a child safety seat testing the device to ensure the safety of the child. A company that does not properly test for the safety of their products may be liable to those injured by the defective products.

If you think you have been injured from a defective product, the product liability attorneys at our law firm with extensive experience in product liability and defective product law to discuss your case.

Defective Manufacturing

In some instances, a faulty manufacturing procedure will result in the creation of a defective product despite a safe design. For instance, some years ago, a number of hip replacement surgery patients began to experience gruesome and agonizing complications after their new hip was installed. After much turmoil and investigation, it was discovered that during the manufacturing of the hip, as a result of the manufacturer cutting corners too save a few bucks, the artificial hip was not being adequately cleaned after it was machined. This resulted in many patients experiencing rejection; many patients were left agonizing after the brutal and bogglingly expensive operation.

If you think you have been injured from a defective product, contact the product liability attorneys at our law firm, we have extensive experience in product liability and defective product law to discuss your case.

Defective Marketing

Sometimes, a company will provide inadequate instructions with their product. A company has the legal duty to provide clear safety instructions that are easily understood by the general public. A company must also adequately warn consumers of the dangers of using the product.

For example, the manufacturer of a lawn mower or other piece of heavy equipment is responsible for warning the consumer of the foreseeable dangers of using the product. This includes the necessity of warning against roll over dangers, the need for proper safety gear, or any other type of warning that is traditionally seen on the decal accompanying various products.

If you think you have been injured from a defective product because of inadequate warning or poor instructions, contact the defective product lawyers at our law firm, we have extensive experience in product liability and defective product law to discuss your case.

Who may sue?

Of course, the person injured by the defective product may bring a legal action against the company responsible. Aside from the user of the defective product, even bystanders can sue for their injuries. Additionally, bystanders who are not injured may also bring a claim if they witness a close family member sustaining an injury. The spouse, or children of an injured party may also bring a claim for the loss suffered by a love one.

Contact the product liability attorneys at Our firm, we have the necessary experience in product liability and defective product law to discuss your particular legal rights.

Who may be sued?

The company that designed or manufactured the defective product can be held legally responsible. Every manufacturer on the supply chain between the manufacturer to the consumer can be held liable. Also, the sellers of the defective product (the store from where you purchased the item) and the middlemen may be held liable (like the distributors and wholesalers), too.

Contact the product liability attorneys at our law firm regarding product liability and defective product law to discuss who may be legally responsible for your injuries.

What can we help you recover?

The law provides the following elements of damages to be recovered in a product liability action in Texas:

Medical bills
rehabilitation
lost income
other lost earnings
pain and suffering
punitive damages

Contact the product liability attorneys at our law firm with extensive experience in product liability and defective product law to discuss what relief you may be entitled to. Contact us here.

What can be considered a defective product?

Not only can physical products like toys, electronics, and medical devices be defective products, but information like maps, property like homes or land, pets and animals, medicines like Vioxx, and dangerous chemicals and gasses like arsenic and radon can be considered defective products.

Contact the product liability attorneys at our law firm with extensive experience in product liability and defective product law to discuss your specific case.

When and why should you seek the services of an experienced attorney?

Contact a lawyer as soon as possible! The law limits the amount of time you have to bring suit. This time limit is known as the statute of limitations. If you wait too long to seek recovery, you may be legally barred from exercising your rights forever.

It is important to have an experienced attorney on your side as soon as possible. This person can act as the advocate of your rights while you heal. The Austin personal injury attorneys at our law firm with extensive experience in product liability and defective product law will help protect your rights and fight for justice. Contact us here.