Product Liability/Product Defect Lawyers
When you buy a product, you expect it to work as advertised. You also expect that the product will be safe to use and that you won’t be injured in any way while using it. Unfortunately, not every product is safe. Sometimes, products can cause serious injuries and in some cases, death. If you have been injured by a product, you may be able to file a product liability lawsuit.
At The Havins Law Firm, our experienced product liability lawyers can help you file a lawsuit and get the compensation you deserve. We have years of experience fighting for the rights of injured Texans, and we know what it takes to win a product liability case.
If a product has injured you or someone you love, don’t hesitate to contact us. We’re here to help.
Types of Product Liability Claims
There are three main types of product liability claims: design defects, manufacturing defects, and marketing defects.
Design defects occur in the product design and usually involve poor-quality materials or shoddy workmanship. Manufacturing defects are those that occur in the manufacturing process, and usually involve poor-quality materials or shoddy workmanship. Marketing defects occur from products introduced in the stream of commerce which could have been avoided by adequate warnings of the product’s likelihood of causing injuries or wrongful death.
When a product has a manufacturing defect, something went wrong during the creation or assembly process. Oftentimes, this results in products that are not safe to use. For example, a product might be defective if it’s not sterile and causes an infection.
Manufacturing defects can impact one or a small number of products. However, in the current world of mass production, manufacturing defects often affect large quantities of products.
If you or someone you love has been injured by a product with a manufacturing defect, you may be able to file a product liability lawsuit.
Design failures are another common cause of product liability lawsuits. A design failure can occur when a product is designed to make it inherently unsafe. For example, a product might have sharp edges that can easily cut someone. Design failures can also occur when a product is designed to do something it’s not supposed to do. For example, a power tool might have a design flaw that causes it to overheat and start a fire.
- Automobile defects: airbags, seat belts, brakes, tires, and steering mechanisms - all can be included under this category.
- Machinery defects: lathes, mills, presses, power tools, and other industrial equipment.
- Household products: furniture, appliances, children’s toys.
- Food: tainted food, bacteria in food.
- Pharmaceuticals: prescription and over-the-counter drugs, medical devices.
- Plant machinery: agricultural equipment, construction equipment.
If you have been injured by a product with a design failure, we may be able to help you file a product liability lawsuit.
Marketing defects occur when a product is introduced into the market but could have been avoided if the manufacturer had provided adequate warnings about the product’s potential for causing injuries. For example, a manufacturer might not include warning labels on a product that can cause fires.
What You Need To Prove
in a Product Liability Claim in Texas
To win a product liability case in Texas, you will need to prove that:
- The product was defective
- The defect caused your injury
- The product was not reasonably safe
- You were using the product as it was intended to be used
- The product was not substantially changed from when it left the manufacturer
- You were not contributorily negligent
Trying to win a product liability case can be difficult. That’s why it’s important to have an experienced Texas product liability lawyer on your side.
For one, defective product cases are complex. There are many laws and regulations governing how products must be designed and manufactured, and these laws can vary from state to state. To prove that a product is defective, your lawyer will need to be familiar with all of these laws.
Then, there is the matter of proving that the defect caused your injury. This can be difficult, especially if you were not the first person to use the product. To do this, your lawyer will need to track down all of the people who have used the product and determine if anyone else has been injured.
Next, you must show that the product was not reasonably safe. This can be difficult to do, especially if the product is a household item. Your lawyer will need to know what is considered a safe product and prove that the product you were using was not safe.
Finally, you must show that you were using the product as it was intended to be used. This can be difficult to do if the product is a dangerous tool or a drug not prescribed to you.
Get in Touch with a
Texas Product Liability Lawyer
If you or someone you love has been injured by a product, we will help you file a product liability lawsuit.
Contact us today for a free consultation.