As a consumer, you assume the products you are buying are safe. Unfortunately, this is not always the case. According to research from the U.S. Consumer Product Safety Commission, defective products contribute to 29.4 million injuries every year. An additional 21,400 people die each year because of unsafe products. It is important to understand that defective product cases can range, with the majority of claims falling under one of the following three categories:
- Defective design
- Defective manufacture
- Failure to provide adequate warnings concerning how someone should use the product
The purpose of today’s blog is to provide you with a clearer picture of product defect claims to ensure you have the information necessary to move forward with a claim. We will discuss the three categories of claims listed above in further detail and go over some of the most common injuries from defective products. If you have any questions about a specific case, or if you would like to discuss your options with an experienced Dallas personal injury lawyer, please do not hesitate to contact Shamieh Law.
Our knowledgeable product defect attorneys are here to answer your questions and ensure you have all the information necessary to take action. We understand how stressful it is to suffer an injury, primarily due to no fault of your own. To learn more about what goes into filing a product defect claim in Dallas, contact Shamieh Law today and schedule a free consultation.
Understanding the Different Types of Product Defect Claims
The laws governing product liability cases differ from state to state. Texas is a strict liability offense state, meaning negligence does not matter in defective product cases. If there is a defect in the product that directly caused your injury or death, someone will be held accountable.
Sadly, it often takes a catastrophic injury or serious accident for a manufacturer or company to realize their product is unsafe. Although any product can be defective, there are several that are inherently riskier:
- Cars, trucks, and other vehicles
- Prescription drugs
- Medical devices
- Auto parts
- Lawn equipment
- Children’s toys
- Industrial machinery
- Home improvements tools
As we know, manufacturers, designers, and distributors have a legal obligation to ensure their products’ overall safety. Yet, thousands of people suffer avoidable injuries every single year because of unsafe products. In some cases, the injured person can pursue damages from the person(s) responsible for the defective product.
Let’s now take a closer look at the three main types of product defect claims:
This claim is the most common (and obvious) type of product liability claim and occurs when someone does not manufacture the product correctly. In the case of a defectively manufactured product, there was an error in the manufacturing process. Often, the manufacturing flaw is very serious and leads to injury or death. Some examples of manufacturing defects include:
- Improper assembly at the factory
- Using the wrong materials when building a product
- Negligently assembled parts
- Incorrectly installing wires or other electrical parts
- The use of harmful chemicals during the manufacturing and production stage
As you may have guessed, in the case of defective design cases, the problems lie in the product’s design, rather than the construction. For defective design claims, the plaintiff is asserting that the design was unsafe, leading to the potential for harm or death. In defective design cases, the product may cause injury even when used correctly. Here are some examples of common design defects:
- Structurally unsound products
- Incorrectly wired products
- Products that cause damage to the consumer (like earplugs that lead to loss of hearing)
- Dangerously designed roads, amusement park rides, or vehicles
Failure to Warn
The third category of defective products is the failure to warn. In these cases, the manufacturer failed to include proper warnings or instructions that advise the consumer on using the product as safely as possible. It is the product manufacturer’s responsibility to ensure consumers have clear and complete instructions for the product, whether it is a children’s train set, car airbag, or dining room table. Examples of failure to warn include:
- The product’s label fails to mention potentially harmful side effects or interactions.
- Safe handling instructions are missing.
- Instructions to ensure the product is used in the intended way to reduce the risk of injury.
Common Injuries from Defective Products
The type of injuries that may occur from the use of defective products range and can affect everyone, from the young to old. Here are some examples of common injuries we see in Texas from defective products:
- Choking injuries
- Burn injuries
- Organ failure
- Broken bones
- Traumatic brain injury
- Cuts, bruises, or lacerations
If you suffered an injury because of a defective product, contact Shamieh Law today to learn about your rights. We are here to help you recover economic damages (such as medical expenses, lost wages, and future treatments) and non-economic damages (intangible losses, including pain and suffering and loss of enjoyment of life) that occurred because of the defective product.
Who is Liable?
As mentioned earlier, Texas is a strict liability state. In these cases, you must prove the product directly caused your injuries. So, even if the product was correctly designed, safely manufactured, and had all the necessary warnings, the retailer or manufacturer could be held liable for your injuries just from using the product. That is one of the main reasons why product defect claims are so challenging in the Lone Star State. Any party in the product’s chain of manufacturing and distribution can be held liable, including:
- The manufacturer of the product
- The manufacturer of any component parts
- Anyone who assembled the product
- Anyone who installed the product
- The product’s wholesaler
- The place that sold the product
To learn more about your options or to file a defective product claim in Dallas, contact Shamieh Law. Our team of legal experts will work diligently on your case to ensure justice is served, and you recover damages for your injuries.