What exactly is a defective product?
A product may be deemed “defective” under certain instances if it has a design or manufacturing flaw that causes injury even when used as it was intended. Product defects can be found in automobiles, prescription drugs, toys or any product designed for the consumer.
Defects can include design defects where the original product design is flawed. If a product is designed in such a way that it is possible an injury could result, and that risk could have been reduced by an alternative design, then a product is said to be defective in its design.
Manufacturing defects arise when a product is designed correctly, but there is an oversight in the manufacturing process that makes the product dangerous. In addition, insufficient warnings on a product can render it defective. Warnings or risks should be clearly identified on packaging or labels.
What is involved in a defective product lawsuit?
A product liability lawsuit may be based on several theories of recovery. Unlike most personal injury lawsuits, a plaintiff filing a defective products lawsuit may not have to prove negligence on the part of the defendant. Rather, the plaintiff may simply have to show that the product had a defect that led to an injury. In addition to demonstrating a defect in the product itself, a plaintiff may also recover if the product provided inadequate safety warnings that caused personal injury to the plaintiff.
Manufacturers are slow to admit their products are dangerous and may deny wrongdoing, instead accusing consumers of misusing those products. Proving injury through product liability litigation is highly complex. These cases often require hiring numerous expert witnesses, interviewing other consumers, and reviewing hundreds of documents. Prior to taking on a case, the defective product attorney at the Wyly Law Firm thoroughly analyzes each accident and each claim to determine all potential sources of liability, including liability for defective products which may have caused or contributed to the accident.
What compensation might I be able to recover?
Individuals who have become ill or have been injured by a consumer product may be entitled to monetary compensation. This compensation may include payment for property damage, medical expenses, lost wages, long-term disability, and pain and suffering.
Contact the defective product lawyer at the Wyly Law Firm, P.C. to discuss your case for free. We will work to achieve a fair settlement for you and, if the responsible parties are unwilling to pay such an amount, we will take your case to trial.
What laws or regulations protect people from defective products?
A large number of rules and regulations exist to keep American consumers safe from all varieties of dangerous products, from food and cosmetics to toys and bicycles and cars and trucks. Unfortunately, defective products injure thousands of Texans and Americans every year, despite the best efforts of agencies responsible for keeping American consumers safe from these dangerous consumer goods.
The U.S. Food and Drug Administration (FDA) protects consumers against sickness or injury caused by tainted foods, defective drugs and medical devices, and unsafe cosmetics. The U.S. Consumer Product Safety Commission (CPSC) is charged with protecting the public from unreasonable risks of serious injury or death from thousands of types of consumer products under the agency's jurisdiction. The CPSC is committed to protecting consumers and families from products that pose a fire, electrical, chemical, or mechanical hazard or can injure children, among other types of injuries and accidents.
Are there consumer safety groups?
Yes. Other federal agencies are responsible for consumer safety as well, including:
- The U.S. Food and Drug Administration is responsible for protecting the public from health risks associated with food, medicine and medical care.
- The National Highway Traffic Safety Administration is charged with protecting the public against automobile safety risks.
- The Federal Aviation Administration, along with The Transportation Safety Administration, protects the public against risks from traveling by air.
- In Texas, the Hazardous Consumer Products Registration program, under the Texas Hazardous Substances Act, handles compliance over a broad range of commonly used consumer items.
Product liability litigation is highly complex, and you will need an experienced product liability attorney to effectively represent your interests. Please contact the product liability attorney at the Wyly Law Firm, P.C. by calling 713-574-7034 or contacting us online to discuss your case for free. We serve clients in Harris County, Beaumont, Baytown, Galveston, Pasadena and Houston.
