The US Product Safety Commission estimates that there were over 14 million injuries due to defective products in 2013. These products can include toys, appliances, electrical wiring, power tools, loading and construction equipment, and flammable materials.
There are three different types of product liability
- Defectively manufactured products
- Defectively designed products
- Products with insufficient warnings or instructions
Defectively Manufactured Products
A defectively manufactured product is one that is flawed because of some error that occurs in the process of the product being made. This can occur if there are multiple factories that the product is being produced at or if the product is produced in multiple batches. When this type of defect occurs there are normally a limited number of products that have the defect. The manufacturer is held liable for a defectively manufactured product. Some examples of defectively manufactured products are a swing set with cracked chains holding up the swings or a pharmaceutical drug that has incorrect amounts of active ingredient.
Defectively Designed Products
A defectively designed product is one where the defect occurs in the product’s plan or blueprint. This can occur if there is not a proper amount of research done in the planning. This occurs when every product manufactured has the same defect. Some examples of a defectively designed product are a car with a gas tank placed toward the back of the car where it is likely to ignite or a child’s toy that is designed with small parts that could be ingested by the child.
Products With Insufficient Warnings or Instructions
Products with insufficient warnings are also called marketing defects. This occurs when a product that is dangerous in a way that is not obvious or requires special precautions fails to post adequate warnings on the product or packaging. An example could be a prescription drug that does not contain a full list of side effects or other medications it should not be combined with.
There is no one law governing defective products in the United States. Product liability cases in Texas are considered in light of state negligence, breach of warranty, and strict liability laws. Any number of companies or individuals could be found guilty in a defective product suit, including the manufacturer, the person who constructed or installed the product, wholesale distributors, and retailers or anyone who helped to distribute the product and had sufficient reason to believe it was unsafe. The complexity of product liability laws and the difficulty in proving exactly who was responsible require attorneys with years of experience in this legal sphere.
Contact Powers Taylor today.
Defective products can cause serious injuries that result in high medical bills, pain and suffering, and time off from work. When you have been injured because of manufacturer or retailer negligence, you should not have to pay for your injuries. Contact an experienced attorney today to see what your options may be. At Powers Taylor, we are committed to our clients and getting them the justice they deserve. If you or a loved one has been injured by a defective product contact us today for a free consultation. All calls are kept confidential.