Category: Product Liability

A Corpus Christi Personal Injury Lawyer Tells Us About 3 Types Of Defective Product Liability Claims

Different Types Of Defective Product Liability Claims

If you have sustained injuries or suffered any other damages as a result of using a product, you might be able to file a defective product liability claim. If so, you may need assistance from a Corpus Christi personal injury lawyer. There is a broad range of different kinds of defective product cases, but typically the claims fall into one of three major product liability categories:

1. Defective Design
2. Defective Manufacture
3. Failing to provide proper warnings or instructions regarding how to use the product properly

Understanding those categories can help you with determining whether or not you have a valid claim, in addition to the strategy you should use when presenting your case.

In terms of the basic kinds of defective product claims, each state has the same basic laws, which we have detailed below. Remeber that for each of the claims, you are required to show the product was defective as well as that your injury was caused by the defect.

Defectively Manufactured Products

The most obvious kind of product liability claim comes from a defectively manufactured product that causes an injury. There are flaws in a defectively manufactured product due to errors made when making it, like there is a problem at the factory where the product was built. This results in the injury-causing product being different from all of the other same products.

The following are some examples of manufacturing defects:

  • A moped that has missing brake pads
  • A tainted cough syrup bath that contains poisonous substances
  • A swing set that has a cracked chain

In all of these cases, the manufacturing defect must have caused the injury. so if you were riding the moped and misjudged a curve which resulted in your driving off of the road and injuring yourself, while having missing brake pads, you would not have a manufacturing defect claim unless you could demonstrate that having missing brake pads caused your accident – and not any poor steering from you.

Products That Are Defectively Designed

With this type of product liability, the design of the product is inherently defective or dangerous. Defective design claims don’t come from some mishap or error occurring during the manufacturing process, but instead, the claim is that the entire product line is inherently dangerous, whether or not the product that caused the injury was made exactly according to the specifications set by the manufacturer.

Design defect examples include the following:

  • An electric blanket lines that when they are turned on high might electrocute the user
  • Sunglasses that do not protect the eyes from the sun’s ultraviolet rays
  • A specific model of car that tends to flip over when turning a corner

The defective design must have caused the injury. If you crash into another car by accident while you are driving one of the previously mentioned flip-prone cars, then you would only have a valid design defect claim if it could be shown that you crashed due to the car flipping over as you were turning.

Failing To Provide Adequate Instructions or Warnings

This kind of product liability claim is when adequate instructions or warnings are not given about how to properly use a product. Typically, failure-to-warn claims involve a dangerous product where it isn’t obvious to users or it requires special precautions o be exercised by the user while the product is being used.

Failure-to-warn claim examples include the following:

  • A paint-removing corrosive chemical sold that does not come with adequate instructions for safe use and handling
  • A cough syrup that doesn’t have a warning on its label that dangerous side effects might be caused if it is taken along with another common drug like aspirin
  • An electric tea kettle packed without a sufficient warning regarding the odd position of its steam valve

The injury, once again, must be caused by the failure to properly instruct or warn. If you get burned when using your new tea kettle that was previously mentioned, you would have a valid failure-to-warn claim only if your burn was caused by steam coming out unexpectedly from the strangely positions steam valve on the kettle.

Three Kinds of Product Liability Claims Compared

Claims that involve pharmaceutical drugs offer a useful way to compare the three kinds of product liability claims. If your injury is the result of a specific cough syrup bottle that you purchased having several drops worth of arsenic that fell accidentally into the bottle at the factory where the cough syrup was made, then the basis of your claim would be a manufacturing defect.

However, if that same untampered-with cough syrup brand caused you to have a heart attack based on its regular ingredients, your claim would be a design defect one.

If the cough syrup was made properly and safe for use, but you took it with aspirin and were injured and the label did not warn that this was a dangerous combination, then you would have a failure-to-warn claim.

When you understand the difference, it will allow you to better identify what your specific product liability claim is and you will be able to present your case in court properly. Contact a Corpus Christi personal injury lawyer at The Law Offices Of Jerry J. Trevino.

Call or contact us today for more information regarding your case. Visit our blog for more on what you should look for in your hire for representation!

Product Liability & Your Personal Injury Claim in Corpus Christi

Our Corpus Christi Personal Injury Lawyer Helps You Understand Product Liability Law 

Federal law requires product manufacturers to meet stringent safety guidelines before releasing a new product to the public. Despite this, thousands of people lose their lives or become seriously injured each year because of a defective product that should not have made it through quality control.

You’re within your rights to pursue a personal injury or wrongful death case if a defective product has injured you or a dose family member. However, it’s important to understand product liability law before doing so. As the person filing a legal claim, it’s up to you to prove the injuries or death occurred due to manufacturer negligence and not operator error.

Product Liability Categories

Personal injury or wrongful death lawsuits due to defective products typically fall into one of these three categories:

Design Flaw: A design flaw means that the manufacturer made a significant error affecting consumer safety at the initial stages of product creation. You need to prove the manufacturer was aware of the design flaw and took no action or minimal action to correct it.

Manufacturing Process: The design of a product can be flawless, yet still fail at the assembly stage. Manufacturers must follow established safety protocol to ensure that consumers don’t injure themselves when using the product. If an employee on an assembly line makes a careless error, liability lies with the employer because the product made it out the door with no one double checking its safety and quality.

Marketing Deception: Manufacturers and retailers can face liability for making false claims or understating the danger of using a specific product. Any product that poses a health or safety risk to the consumer must come with a warning on the packaging.

It’s possible the party to the lawsuit may have violated more than one of these areas of product liability, but the burden remains with you to prove it.

Product Liability Types

If you’re successful in court, the judge and jury decide which of these areas apply to the actions of the responding party:

Breach of Warranty: Anyone involved in creating or selling a product to consumers claims the product is safe and will meet performance standards injury or death obviously involves a breach of warranty.

Negligence: A negligence standard applies to every party involved in making the product available to the public. You need to prove the responding party displayed negligence in releasing the product and that this negligence resulted in harm.

Strict Liability: if you’re able to prove negligence, the party to the lawsuit is liable whether you or a family member used the product correctly or not.

Product liability law can be extremely complex. An experienced Corpus Christi personal injury lawyer is the best person to advise you on whether you have a legitimate case and the likelihood of receiving financial compensation due to ham caused by a defective product.

Call or contact us today for more information.

Providing You With Everything Product Liability

A Basic Introduction To Product Liability

When you buy a product at the store, it is only natural to assume that it is safe to use. In some cases, however, design flaws, manufacturing defects, and other issues can make products unsafe to use.

Countless injuries occur on an annual basis as the result of defective or poorly designed products. Depending on the circumstances surrounding these injuries, people who were hurt by the products may be able to file a product liability lawsuit against the manufacturer or the product designer. If you ever find yourself in need of a product liability attorney Corpus Christi has quite a few options to choose from. The key is to choose a law firm that specializes in these types of cases.

Before you can file a suit, however, you need to have a better understanding of the specific types of situations that are covered by product liability claims. Most defective products fall into one of three categories.

Defective Product Design

Sometimes, safety issues are overlooked during the design phase of a product. The product is then manufactured with flaws or defects that pose a safety risk to the users who eventually buy it.

In this case, if two different companies handle the design and the manufacturing, the company that was in charge of the design phase would be liable for any injuries that occurred as a result of the product.

Defective Manufacturing Processes

Sometimes, products are designed in such a way that they are safe to use. However, something goes wrong during the manufacturing process that renders them unsafe. For instance, a product such as a drug may become contaminated while it is being manufactured. In that case, the company that did the manufacturing would be held liable rather than the company that designed the drug.

Inadequate Warnings

Product designers and manufacturers are required to notify consumers of any major safety issues that exist with their products. Even if the products are designed and manufactured correctly, they still could be dangerous to use. Products that are potentially dangerous need to come with warning labels that clearly state the risks and inform consumers how to safely use them. If a manufacturer fails to provide these warnings, they could be held liable for any injuries that occur.

One of the most common examples of this is when a drug is put on the market without fully disclosing all of the side effects that may occur.

If you or someone you care about has been injured by a product, you should consult the best product liability attorney Corpus Christi has to offer. They can advise you as to whether or not you have a viable case against the product designer or manufacturer based on the circumstances surrounding the injury.

Call us today or contact The Law Offices of Jerry J. Trevino for more information!