Every year, thousands of consumers suffer injuries due to defective products. From faulty medical devices to unsafe children’s toys, defective products can cause serious harm, leading to personal injury claims under product liability law. Understanding the legal standards and responsibilities surrounding these claims is essential for both consumers and businesses. Below, an Arlington, TX personal injury lawyer that has been rated by Super Lawyers explores how defective products lead to personal injury claims and the legal principles that govern these cases.
What Is Product Liability?
Product liability refers to the legal responsibility of manufacturers, distributors, and retailers for injuries caused by defective or unsafe products. Unlike other personal injury cases that often require proving negligence, product liability claims can be based on strict liability, negligence, or breach of warranty.
When a consumer is injured by a defective product, they may be entitled to compensation for medical expenses, lost wages, pain and suffering, and other damages. These claims ensure that businesses prioritize safety and that victims receive justice when harmed by dangerous products.
Types Of Product Defects
A product liability claim generally falls under one of three types of defects:
1. Design Defects – A design defect occurs when a product is inherently unsafe due to its design, even before it is manufactured. This means that every unit produced carries the same risk of harm.
○ Example: A car model with a faulty braking system that makes it prone to accidents.
2. Manufacturing Defects – These defects occur when a product is correctly designed but an error occurs during the production process, making some units unsafe. ○ Example: A batch of prescription drugs contaminated with harmful substances during production.
3. Marketing Defects (Failure To Warn) – A marketing defect happens when a company fails to provide adequate warnings or instructions about a product’s risks. ○ Example: A cleaning product that contains toxic chemicals but does not include proper usage warnings on the label.
Legal Theories In Product Liability Claims
To establish a product liability claim, a plaintiff may rely on one or more of the following legal theories:
1. Strict Liability – The injured party does not have to prove negligence; they only need to show that the product was defective and caused harm. This holds manufacturers accountable regardless of intent.
2. Negligence – In some cases, a plaintiff must prove that a manufacturer or seller was negligent in designing, producing, or warning about the product’s risks. This requires showing that the company failed to exercise reasonable care.
3. Breach Of Warranty – If a product fails to meet its stated warranties or implied guarantees of safety, the injured party may claim a breach of express or implied warranty.
Who Can Be Held Liable?
Multiple parties in the supply chain may be held responsible in a product liability case, including:
● Manufacturers – Companies that design and produce defective products.
● Retailers – Stores that sell faulty products to consumers.
● Distributors – Businesses involved in getting the product from the manufacturer to the market.
Even if a retailer was unaware of a defect, they can still be held liable for selling a dangerous product.
How To Prove A Product Liability Claim
For a successful product liability case in which a personal injury settlement is won, the plaintiff must typically prove:
1. The product was defective.
2. The defect existed when the product left the manufacturer’s control.
3. The defect caused injury while the product was being used as intended. 4. The plaintiff suffered actual damages, such as medical expenses or lost income.
Defenses Against Product Liability Claims
In order to protect their companies from liability, manufacturers and retailers often use several defenses, including:
● Product Misuse – Claiming the consumer used the product in an unintended or unreasonable way.
● Assumption of Risk – Arguing that the consumer knew of the risk and voluntarily used the product.
● Statute of Limitations – Asserting that the claim was filed too late under state law.
Product liability law plays a crucial role in protecting consumers from dangerous products and holding businesses accountable. If you or a loved one has been injured by a defective product, consulting a personal injury attorney can help determine your legal options. By understanding
your rights, you can seek the compensation you deserve and contribute to safer consumer products for everyone. Contact a lawyer that has received a 10.0 rating from Avvo at the Brandy Austin Law Firm today for help.
