Colleyville Defective Products Lawyer
Businesses sell products to consumers to make their lives easier, but sometimes, those products do more harm than good. Consumer products can injure people and damage property when they malfunction.
When you or a loved one experiences an injury from such a faulty item, a Colleyville defective products lawyer can advise you on pursuing compensation. Our hardworking injury attorneys understand your challenges and will ensure you get the payments you deserve.
What is a Defective Product?
The seller or manufacturer of a product could be legally responsible for damages when their product leads to someone’s injury. An attorney in Colleyville familiar with defective product cases can evaluate the case and determine who should be accountable.
Product defects fall into three general categories, varying by their source, how they occur, and who might be responsible.
Design Defects
When a manufacturer uses a dangerous product design, they could be liable for consumer injuries. In this case, the injured person could claim that the manufacturer could have used a safer design but chose a defective one instead.
Manufacturing Defects
A manufacturing defect results from an error in the assembly or production of a product or one of its parts. Unlike a design defect, a manufacturing defect happens later in production—for example, building a product poorly or outside specifications.
Marketing Defects
Marketing defects produce “failure to warn” claims, as they involve products with known risks that are advertised without proper warnings. Product manufacturers have a duty to warn consumers and users about such known risks to ensure safe use; therefore, an item with ineffective warnings exposes the manufacturer to liability when someone gets hurt because of insufficient warnings.
Basics of Texas Defective Products Law
When a defect causes an injury, the injured person can sue the seller or manufacturer of the product. Texas Civil Practice & Remedies Code Section 82.001 defines a seller as the person placing a product into the stream of commerce and a manufacturer as the designer or producer of a product or any part of a product.
Defective products claims fall under strict liability, meaning an injured person can hold the seller or manufacturer responsible for their injuries when they can show that the flaw was present when the product went to market, that the seller or manufacturer caused it, and that it led to the consumer’s injuries.
FDA-Approved Products
Texas Code Title 4 Chapter 82 describes more specific circumstances when products undergo pre-approval or follow certain standards. For example, the seller or manufacturer of a medical product benefits from extra protection when the defective product is subject to FDA testing and approval or when the product uses government-issued warning labels.
The injured person must do more than link the defect to their injury for these defective products. They must also prove that the seller or manufacturer withheld information during the approval process or that the government-issued warnings could not have prevented the injury.
A lawyer in the Colleyville area can address the product defect and injury and account for special circumstances under the law.
Speak With an Attorney About a Colleyville Products Liability Case
Determining whether a product had a defect that caused your injury requires a thorough case investigation, which can take time and resources. Instead of adding more to your plate, call our skilled legal representatives.
A Colleyville defective products lawyer can work with you to understand how your injury happened and how to hold the right party accountable. Call us today to schedule a consultation.