When you purchase a product from the store as a consumer, you expect that product, if used in the intended manner, to be safe and fit for its intended purpose. It’s unlikely you even consider the product to be dangerous. Manufacturers are required to ensure that any product that goes on the shelves is properly tested for safety, and is not likely to harm the consumer. Unfortunately, poorly designed or manufactured products continue to be sold, and are responsible for numerous injuries and deaths every year.
TYPES OF PRODUCT LIABILITY CLAIMS
Product defects can be broken down into three main categories: manufacturing defects, design defects, and failure to warn.
Defectively Manufactured Products
This type of defect occurs during the manufacturing of the product. When a product is not assembled to specifications, it may cause great injury to those who use it. Usually, this type of error occurs when a product was made from cheap materials, or was built by poorly-trained laborers.
Defectively Designed Products
These types of products are defective from inception. This type of defect often occurs when a product has not been properly tested for safety. No matter how flawlessly a product is manufactured or if the product was used in the manner it was intended, an injury is likely to still occur (i.e. a circular saw with no safety guard).
Failure to Warn
When a manufacturer does not provide correct and/or concise directions (i.e. the correct way to take a drug/medicine) and/or warnings (i.e. possible side effects) on the label, this would warrant a “Failure to Warn” defective product claim. For instance, if a toy is made with small parts, the product should be marketed as a choking hazard for a child.
In most of these defective product cases you must prove that the accused was negligent. Negligence means that the accused owed you a duty of care and breached that duty, which caused your injuries. Defective product cases require an experienced attorney who can follow the chain of distribution and determine the appropriate legal theory. Being a victim of a poorly made product can be devastating; physical injury, financial strain, and emotional turmoil are just some ways a defective product could affect a person’s health and well-being.
DO I HAVE A PRODUCT LIABILITY CLAIM IN HOUSTON?
If you are wondering whether or not you have a product liability claim in Houston, you should ask yourself the following questions:
- Were your injuries directly related to the defective product?
- Were you using the product in the manner for which it was intended?
- Were you seriously harmed from the product?
- Was the product’s warning label written vaguely, leaving room for improper use or error?
If you answered “yes” to any of these questions, you should seek legal assistance immediately. The Houston defective product attorneys at The Buckley Law Group have the experience and dedication that is needed to build a strong product liability claim, and ensure you receive the full compensation that you deserve.
In order to build a sound defense, our defective product attorneys will gather all necessary evidence to prove the product caused suffering or bodily harm (i.e. medical records, photographs of injuries, etc.), exhaust every resource, and support you throughout the process.