When you make a purchase, you expect the product to work as advertised. Whether it’s the newest technology or something as average as a disposable razor, you may not think twice about using these. However, some products are faulty, which can lead to serious harm when used. If you were hurt due to a defective product, understanding that you can recover compensation for your injuries is crucial. Keep reading to learn who can be held liable and how our San Angelo, Texas defective product lawyer can assist you through these challenging times.
What Counts as a Defective Product?
It’s important to understand that there are, unfortunately, several ways in which a product can be defective and lead to injury.
Design Defects
Design flaws are inherent issues with the product itself, due to a flaw in the blueprint or concept. This will impact all units produced. For example, if a company designs a space heater, but the heater cannot withstand the highest heat setting offered before melting, that is a flaw in the design.
Manufacturing Defects
A manufacturing defect is an issue with the product once it is produced. A manufacturing defect may impact one single product or an entire batch. For example, if a space heater is assembled incorrectly or a crucial electrical component is missed during construction, it can cause that item to malfunction.
Failure-to-Warn Defects
It’s also important to know that if a product does not have the proper warning labels, this can also be considered an error on behalf of the manufacturer. As such, if the aforementioned space heater does not have a warning label instructing users to ensure that the heater is not pressed against furniture, it can cause a fire and subsequent injuries.
Who Can Face Liability for a Defective Product?
Though determining liability in instances in which a defective product causes injuries may seem straightforward, this is far from the case. In reality, there may be a number of parties who can face liability, as the origin of the defect will play a considerable role in liability. Under Texas product liability law, these include the:
Manufacturer
Manufacturers are generally the most common defendants in a product liability claim. This is because they have the responsibility to ensure that they create a safe product, which includes undergoing rigorous safety testing. As such, a manufacturer can face liability for injuries caused by:
- Design defects
- Manufacturing defects
- Failure-to-warn defects
Product Designer
In the event the defect is not caused by an issue in the manufacturing of the product, but rather a flaw within the design itself, the company responsible for the design can face liability. This is because they must consider:
- Foreseeable risks
- Safety alternatives
- Compliance with federal safety standards, like those set forth by the Consumer Product and Safety Commission
Retailer or Distributor
Though you may assume that a retailer of a defective product would not face liability, as they didn’t design or manufacture the product, this is not the case. A retailer or wholesale distributor can face liability in the event that:
- They knew the product was defective
- The manufacturer is unavailable (bankrupt, cannot be located)
- They sold the product without proper warnings or instructions
- They altered or modified the product in a way that caused harm (improper storage, incorrect assembly of a product, or adding store-branded accessories)
Parts Manufacturer
As many products are assembled using parts manufactured by other companies, if the origin of the defect is due to a third-party part, that manufacturer can be held liable. Examples of this include:
- A defective airbag in an otherwise safe car
- A faulty battery that causes a fire in a safe device
- Medical screws that come loose over time without external pressure
What Should I Do if I’m Injured?
If you are injured due to a defective product, knowing how to proceed is crucial to ensuring you can recover adequate compensation.
Preserve the Product
- Do NOT throw the product out
- Do NOT attempt to repair the product
- Leave the product in its current state and store it safely
- Keep the original product packaging if possible
Document Everything
- Take photos and videos of the product in its defective condition
- Take photos of any visible injuries you have suffered as a result
- Keep all receipts and warranty information
- Keep all instructions and user manuals associated with the product
- Keep all medical records and bills
Seek Prompt Medical Treatment
When you are injured due to the negligent actions of another party, it’s imperative to seek medical care as soon as possible. Not only does this ensure that you can receive treatment for the injuries you’ve suffered, but obtaining medical care can also strengthen your case. By seeking immediate care, the negligent party cannot dispute your injuries or shift blame to you for failure to seek treatment.
Contact an Attorney
It’s imperative that you do not throw out the product, as you’ll need to keep it for evidence. This is crucial if you want to file a lawsuit to recover damages for the injuries you’ve endured.
You’ll also want to take photos and videos of the item, as well as the injuries you sustained as a result of the defect. You should also keep all medical records, hospital bills, and proof of other damages you’ve suffered because of a negligent manufacturer.
How Do I File a Product Liability Claim in Texas?
If you are hurt by a defective product, understanding the process of filing a liability claim in Texas is critical. Your attorney can help walk you through the full process, but it’s important to familiarize yourself with the following:
Proving a Product Was Defective
In order to bring a valid claim, you’ll need to show the following to prove the product was defective:
- You used the product as intended
- The product had a defect
- That defect caused your injuries
- You suffered damages as a result of the injuries
Texas’s Statute of Limitations
You should also note that for your claim to be valid, you must file within two years of the date of your injuries. This is the statute of limitations in Texas. Failure to file can result in your case being dismissed.
Contact an Experienced Tom Green County Attorney Today
If you want to recover compensation for the injuries you’ve sustained, it’s essential to contact an experienced attorney as soon as possible. Unfortunately, damages caused by defective products can be challenging to prove. As such, ensuring you contact a member of the Mathis Law Firm to help you through these times is crucial. Contact our firm today to learn how we can guide you through this legal battle.
