According to the U.S. Consumer Product Safety Commission, an estimated 30 million people have been injured because of defective products. The Commission also estimates that over 25,000 people have been killed as a result of unsafe or defective products. Under Texas law, a person can bring a defective products claim under the product liability law.
Texas law holds manufacturers accountable when their products and/or negligence cause injuries or death. Texas recognizes three major product liability claims:
- Manufacturing Defect: A manufacturing defect is an error in the way a product was made. It is a mistake in the assembly of the product not a defect in the original design. To prove a manufacturing defect, an injured party must prove that the product’s original design was safe but the product failed to conform to that safe design.
- Design Defect: A design defect is an error in the way the product is designed. The problem or defect is inherent in the way the product is designed not due to any accident or error during the making or assembly of the product. In order to have a design defect products liability claim, the injured party must prove that there is an economical alternative design that has the same use and function as the original design.
- Marketing Defect / Failure to Reasonably Warn Consumers: A marketing defect is when there is a danger inherent in a product that is not apparent to a consumer no matter how precise the product is designed and the manufacturer does not provide adequate warnings and/or instructions in order to reduce the risk of injury. In order to have a marketing defect products liability claim, the injured party must prove he was injured while using the product for its intended purpose.
Defective Products and Products Liability claims commonly arise from the following types of product failures or defects:
- Prescription drugs
- Products with faulty parts
- Medical devices
- Car defects
- Brake failure
- Water heater defects
- Children’s toys and products
- Sports equipment defects
Products liability or defective products cases all have one common factor: Manufacturer Negligence. Injuries from defective products range from minor bruises and scrapes to broken bones or mangled/decapitated limbs to internal injuries; to brain and/or spinal cord injuries to even death. Because products liability or defective products cases can be complex, you need an attorney to advocate for your needs. At Amanda L. James Law, I will work closely with you to develop the legal strategies to successfully obtain the compensation and justice you deserve.
Call me at (210) 598-8286 or contact me online today to discuss your situation and to determine what type of defective products claim you may be able to pursue. I am dedicated to getting you the compensation and justice you deserve. I serve San Antonio and surrounding areas including Boerne, Kerrville, Fredericksburg, Canyon Lake, New Braunfels, and the Texas Hill Country.