Product Liability

Most of the product we use is safe as it passes through different phases of product testing, quality inspection, and quality control. However, mistakes are possible despite the checking in designing, producing, and marketing of the vast majority of consumer goods. Unfortunately, these mistakes pose threats and could even cause injury and death.

These mistakes can occur for various reasons. One of which is that businesses frequently rush to get a product onto the market to earn a profit. There are situations when the product’s safety is not the utmost concern. When a faulty product caused you or a loved one harm, the product liability attorneys at GoSuits have extensive knowledge in the relevant sector. They can defend you in court and fight for the justice that you are.

Product liability is “the tort liability of a manufacturer or seller for any losses or injuries caused by a buyer, user, or bystander resulting from a defective product.” 1328 Black’s Law Dictionary (9th ed.2009). All retailers in the supply chain share the liability for any injuries caused by a defective product. Legally, a good or service must be up to standard with what a reasonable person would expect to receive. When a product has a flaw or risk that consumers don’t anticipate, it fails to live up to the standards set by the market.

Three Types of Product Defects

Chapter 82 of the Texas Civil Practice and Remedies Code explains that the state considers product liability a “strict liability” offense. This suggests that negligence is of minimal importance. Should it be shown that the products in issue were flawed and were responsible for injury, the defendant would be held accountable for the losses that resulted.

1. Design Defects – It’s not easy to prove that a design flaw exists. You would need to prove that (a) the product was defectively designed and (b) a more secure design was possible. You’d also need to show that the safer design wouldn’t reduce the product’s usefulness and that it was technically and financially possible to implement.
2. Manufacturing Defects- Unlike design defects, which affect every unit produced, manufacturing flaws only simultaneously affect several products. A manufacturing flaw is an issue that arises when a product is being made. For instance, a defect in production might cause an airbag to fail to deploy correctly, and a tainted bottle of cough syrup is similar to a defective product in the production process.
3. Failure to Warn – Under Texas law, a product can also be deemed faulty if the maker fails to include enough safety information. For example, if the product poses an unforeseen or unanticipated risk to the user, the manufacturer must provide a warning label or statement. In addition, manufacturers must include usage instructions if their product requires special handling to prevent harm.

Defective Vehicle Claims in Texas

The average car has thousands of moving components; anyone might break down or be poorly constructed. There has been a raise in the number of claims related to injuries and deaths caused by unsafe vehicles in Texas in the recent years.

• Seat belt defects
• Tire defects
• Airbag failure
• Defective roof
• Gas tank rupture and explosion
• Defective child car seats
• Failure to sit back
• Defective door latches

If a defective product has caused you harm or property damage, one of our attorneys specializing in product liability is here to assist you. You may be entitled to compensation for medical expenses, the cost of repairing or replacing damaged or destroyed property, lost wages, and other expenses. Depending on the details of your case, you may also be entitled to punitive damages, which are meant to punish the corporation for its misbehaviour, particularly if the company’s actions were egregious or reckless. Contact the distinguished personal injury lawyers at GoSuits for a free consultation today.