Types of Product Defects
There are three types of product defects recognized under Texas state law:
A design defect occurs when a product was manufactured correctly, however, the way the product is designed makes it dangerous to the user. Under Texas law, a product with a defective design endangers the consumer even when the product was made flawlessly. Some examples of design defects include:
- A toy that a child can easily swallow
- A gun safety which allows a gun to be discharged
To recover damages, the user must prove that:
- The design was unsafe
- The plaintiff's injury occurred due to the design defect
- The manufacturer could have used a safer/alternative design
- Using an alternative design could have been reasonable from a technological and financial viewpoint
- The alternative design would have retained the product's features, utility, and benefits
A design defect occurs when the product itself was originally drawn up with a flaw that made the product unsafe.
Manufacturing defects are defects that occur in the course of producing the product. Such a defect is usually caused due to a mistake or error in the quality control or production process. Examples of manufacturing defects include:
- A car's safety lock that doesn't engage
- Incorrectly attached parts
- Incorrect bolts or fasteners
Manufacturing defects differ from design defects in that they represent an error made in the making of a product so that the end result is not what was originally designed.
Failure to Warn
Under Texas law, a product may be considered faulty when the manufacturer fails to provide adequate warning or instruction regarding how to use it. Examples include:
- A contraceptive that causes severe medical issues
- A car seat that falls back after exceeding a certain weight limit
- A chair that falls if not installed correctly
Manufacturers are required to provide a warning when a product could result in injury if used improperly or where there are steps that should be taken to prevent injury.
From a product liability lawsuit, the following damages may be recovered:
- Medical expenses
- Physical therapy costs
- Lost wages
- Loss of earning capacity
- Property damage
- Mental anguish
- Pain and suffering
- Physical impairment
- Permanent disfigurement
- Loss of consortium
- Loss of enjoyment of life
Punitive damages may also be rewarded to further punish the product manufacturer or seller.
Product Liability Attorney in Houston, Texas
Every year, defective products such as personal care items, toys, appliances, and medical devices cause serious injuries to consumers throughout the United States. If you've been injured by a defective product, it is important that you speak with a knowledgeable attorney for proper guidance.
I am dedicated to providing outstanding legal services and helping clients seek fair compensation in their product liability cases. As an experienced Texas product liability attorney, I can help you evaluate what you are entitled to and determine how best to help recover your rightful compensation for any injury, damage, or loss incurred due to the defective product. As your legal counsel, I will fight compassionately to protect your rights and ensure that the responsible party is held liable.