People rely on the products that they buy to be dependable and to work correctly. However, that is not always the case, as products frequently turn out to be defective. If a defective product causes injuries and damages, the product manufacturer or seller could be liable.
If you believe that you have been injured as a result of a product defect, the Austin products liability attorneys at George Salinas Injury Lawyers may be able to help. Our lawyers can investigate your claim, retain the proper experts, and pursue a settlement offer on your behalf.
If the insurance company refuses to make a reasonable settlement offer on your case, our experienced lawyers can file a lawsuit and litigate your case through the court system.
Why Some Products are Defective
American companies and companies all over the world are designing and shipping products faster than ever before. As with any business, the primary goal of these companies is to sell their products to consumers and to make money. Even though there are state and federal regulatory agencies in place to help prevent product defects, these defects can still happen when products are thrown together and are not carefully constructed or assembled.
If you or a loved one purchased a product that turned out to be defective, our products liability legal team in Austin may be able to take legal action on your behalf.
What Happens when Consumer Products are Defective?
When a consumer product turns out to be defective, a whole host of problems can arise. First, the product could explode and cause a burn injury. At other times, the product could break or shatter, resulting in severe cuts to the user. When child products are defective or lack sufficient warnings, they could cause a child to fall (e.g., from play equipment) or choke (as with small games or toys). Some of the most common injuries sustained as a result of defective products include:
- Burn or electrocution injuries
- Severe cuts
- Head injuries
- Eye injuries
- Choking injuries
- Fall injuries
If you suffered serious injuries or damages due to a defective product, you may be eligible to file a claim or lawsuit against the responsible persons or entities under Texas law.
Types of Product Defects
Products can be defective in a number of ways. Three of the most common types of product defects include manufacturing defects, design defects, and failure to warn defects.
Manufacturing defects are defects that exist because of how a particular product is constructed or made. Although the product design may be satisfactory, the product may not have been constructed or assembled in the proper manner. In order to show that a product harbored a manufacturing defect, the injured consumer must be able to show that the product failed to conform to a safe design – and that nonetheless, the manufacturer placed the product into the stream of commerce. A new product that falls apart immediately after you remove it from the box could have a manufacturing defect.
Unlike manufacturing defects, a design defect refers to an error in the product’s inherent design. In order to show that a product harbored a design defect, the injured consumer must be able to show that a reasonable alternative design exists which allows the product to still be used in the manner for which it was intended.
More and more product design defects today occur in the medical context. For example, hip implants, transvaginal mesh, and warming blankets that malfunction are likely to be considered design defects. When serious injuries occur, the manufacturer, distributor, or designer could be deemed liable.
Finally, a warning defect exists if the product at issue has an inherent danger associated with it, and a warning about this danger is non-existent on the product. A warning defect could also exist if a warning is present but is not located in such a way that a reasonable consumer will be able to locate it, read it, or appreciate it. In order for a warning defect to exist, the consumer must be using the product in the manner for which it was intended. Warning defects have come to be associated with some common medicines and medical devices that do not adequately warn patients of the inherent risks and side effects of use. Some common examples of those include:
- Birth control implants
- IVC filters
The Austin products liability attorneys at George Salinas Injury Lawyers can determine whether or not a product defect likely caused your injuries and if appropriate, can take the necessary and appropriate legal action.
Class Action Lawsuits
Some products liability cases turn into wide-scale class action lawsuits. This occurs when products, such as pharmaceuticals, are sold across the country and many consumers are impacted by a product defect. Class action lawsuits are a way of consolidating all of the injured parties and claims together in one lawsuit. If a product manufacturing, design, or warning defect caused injuries, the class action lawsuit may be settled and the proceeds divided up among all of the injured plaintiffs.
Contact an Austin Products Liability Attorney Today for a Free Legal Consultation and Case Evaluation
When consumers purchase a product, they are usually hoping that the product will make their life easier and more enjoyable. They are not asking to be injured. If you or a loved one feel that you have sustained your injuries as a result of a defective product, the skilled products liability attorneys at George Salinas Injury Lawyers may be able to help.
Our lawyers offer a free initial consultation to discuss your case. During that consultation, our lawyers can review what happened and how you sustained your injuries. If we agree to take on your product liability case, our lawyers will fight for your right to recover monetary compensation every step of the way.
To schedule a free consultation and case evaluation with an Austin products liability attorney, please call (210) 225-0909 today, or contact us online.