Of all the different types of lawsuits in the world, you probably think that product liability cases are among the most clear-cut. After all, if a commercially available product ends up hurting or killing someone, then the company that made it should be liable, and the victim and/or their family should be compensated, right? Well, the reality is much more complicated.
A successful defective product case must show one of three things: a manufacturing defect, a defect in the design of the product, or a “failure to warn.”
Manufacturing defects usually involve poor-quality materials or shoddy workmanship. One example is when car fuel lines are installed improperly and end up causing an explosion.
To file a defective design claim, the Texas Products Liability Act requires that the person hurt by the product prove that there is a safer, alternative design and that the defect in the product caused the injury.
“Failure to warn” means that the instructions were inadequate regarding how the product should be used or the warnings about its dangers were insufficient. This could be as simple as not spelling out the age group for which the product was designed.
Victims of defective products and/or their families often are able to recover substantial damages for pain and suffering, medical bills and lost wages.
Sometimes these cases end up in court; other cases settle without going to trial. We have experience in both. We know how to be effective before judges and juries and, if a settlement is possible, how to advocate for you with the responsible parties and their insurance companies to get you the compensation you deserve.