Woodlands residents use many products to make everyday life more comfortable. From vehicles to medications and children’s toys, products are meant to improve the user’s quality of life.
These products should be safe when used correctly, but they occasionally cause personal injuries. In those cases, the negligent party should be held liable for their actions. If you were injured after using a consumer good, a defective products lawyer in The Woodlands could help recover financial compensation for your losses.
Types of Defective Products
When manufacturers are only focused on making a profit, product safety can fall through the cracks. This can lead to severe consumer injuries. Some products that have been the subject of product liability lawsuits are:
- Household products such as cleaning products
- Over-the-counter products such as baby powder and heartburn medication
- Prescription drugs that cause cancer or death
- Surgical products such as mesh patches and silicone breast implants
- Vehicles and auto parts such as brakes and airbags
A local product liability lawyer could help a victim determine if the product they used could be considered defective.
Possible Defendants in a Defective Product Lawsuit
An injured consumer may be able to sue the manufacturer, designer, wholesaler, or retailer of the product. These types of lawsuits are not limited to one defendant.
Design Defect Claims in The Woodlands
If the design of a product is defective, the designer may be responsible for compensating an injured consumer. However, in a design defect action, the claimant must prove that a safer design was available to the manufacturer.
For example, in the early 1970s, Ford Motor Company designed a defective gas tank that was likely to explode upon rear impact. Cars from other companies used a safer gas tank design that was available to Ford. Thus, they were liable for a design defect.
Manufacturing Defect Claims and Failure to Warn Exemptions
If the manufacturer was negligent, committed a human error, or used substandard materials, they could be held liable in a defective product claim. In Texas, a manufacturer will not be held liable for failure to warn if the average consumer should know the product is dangerous.
According to Texas Civil Practice and Remedies Code Chapter 82, the average consumer should know that products such as alcohol are dangerous. Additionally, if drug manufacturers include warning labels approved by the Food and Drug Administration (FDA), it can protect them from liability.
The manufacturer may be held responsible, however, if they discover damaging side effects but do not report them to the FDA. An experienced product liability lawyer in the area could help victims identify the negligent party in their case.
A Defective Products Attorney from The Woodlands Could Help
Product liability law can be complicated to understand if you have no legal experience. No victim should have to handle a case all on their own, especially if they are dealing with injuries.
A defective product lawyer from The Woodlands could guide you through your case and help you seek the compensation you deserve. Contact us now to schedule your free consultation.