Product liability cases occur when a consumer is harmed by a defective or dangerous product. If you’ve been injured by a product, you may have the right to pursue compensation for your damages. Understanding the different types of product liability claims and how they are handled can help you navigate the legal process. In Texas, these cases are typically built around proving that the product was defectively designed, manufactured, or lacked proper warnings.
Defective Product Design
One of the most common types of product liability claims involves defective design. This occurs when the product’s design is inherently dangerous, making it unsafe for its intended use. In these cases, the entire product line may be flawed, not just one specific item.
For example, if a car is designed with faulty brakes that are prone to failure, the manufacturer could be held liable for any accidents caused by brake failure. In these situations, the focus of the claim will be on the design, not the manufacturing process.
To succeed in a defective design case, the plaintiff must show that there was a safer, feasible alternative design that the manufacturer could have used. Expert testimony is often needed to demonstrate that the design was unreasonably dangerous.
Manufacturing Defects
Manufacturing defects are different from design defects. They occur when a product is not made according to its intended design. This type of defect is often isolated to individual products rather than an entire product line.
A common example of a manufacturing defect is when a batch of medicine is contaminated during production, making it dangerous for consumers. In these cases, the manufacturer is responsible for ensuring that each product is made correctly and meets safety standards.
To bring a successful claim in a manufacturing defect case, the injured party must show that the defect was the direct cause of their injury. This requires proving that the product did not meet safety standards, either due to errors in the manufacturing process or faulty materials.
Failure to Warn (Marketing Defects)
Failure to warn, also known as a marketing defect, occurs when a product lacks proper instructions or warnings about its dangers. Even if a product is well-designed and manufactured, it may still cause harm if the manufacturer fails to properly inform consumers about potential risks.
A good example of a marketing defect is when a cleaning product contains toxic chemicals but fails to include a warning label about the potential dangers of inhaling the fumes. If a person is harmed by this lack of information, the manufacturer may be held liable for failing to warn consumers of the risks.
In these cases, plaintiffs need to prove that the manufacturer knew or should have known about the potential dangers and failed to provide adequate warnings. A successful claim might involve showing that a reasonable manufacturer would have included more prominent warning labels or provided better safety instructions.
Handling Product Liability Cases
Product liability cases can be complex, and navigating them successfully often requires a skilled attorney. The legal process typically involves several steps:
- Investigation and Evidence Gathering: When a product liability case is filed, the first step is to gather evidence. This includes collecting physical evidence, witness statements, and expert testimony. The plaintiff’s attorney will look for proof that the product was defectively designed, manufactured, or lacked proper warnings.
- Filing a Claim: Once the evidence has been gathered, the attorney will file a formal claim with the court. The claim will outline the product’s defect and how it caused the plaintiff’s injury. The manufacturer, seller, or distributor will have the opportunity to respond to the claim, often with the help of their legal team.
- Negotiation or Settlement: In many cases, product liability claims are settled before going to trial. Both parties may enter into settlement negotiations, where the plaintiff agrees to accept a certain amount of compensation in exchange for dropping the case. A settlement can often provide quicker resolution, though it may not always fully compensate the plaintiff for their injuries.
- Trial: If a settlement is not reached, the case will go to trial. During the trial, both sides present their evidence and arguments to the judge or jury. In product liability cases, expert witnesses often play a critical role in helping the court understand the technical details of the defect and its effects.
- Verdict and Compensation: If the court finds in favor of the plaintiff, the manufacturer or distributor will be ordered to compensate the injured party for their damages. This compensation can cover medical expenses, lost wages, pain and suffering, and other related costs. In some cases, punitive damages may also be awarded if the manufacturer’s actions were particularly egregious.
The Role of Expert Testimony in Product Liability Cases
Expert testimony is crucial in product liability claims. In cases involving design or manufacturing defects, an expert can explain how the defect occurred, why it was dangerous, and how it could have been prevented.
Experts can also help establish the standard of care that the manufacturer should have followed. In marketing defect cases, experts can provide insight into how warnings should be worded and displayed to ensure consumer safety.
Time Limits for Product Liability Claims in Texas
In Texas, the statute of limitations for product liability claims is typically two years from the date of the injury. This means that injured parties must file their claims within two years or risk losing their right to seek compensation. However, exceptions can apply in certain situations, so it’s important to consult with an attorney as soon as possible.
Protect Your Rights After a Product Injury
Product liability cases can be challenging, but with the right legal guidance, you can navigate the complexities of the law. Whether your injury is the result of a design flaw, a manufacturing defect, or inadequate warnings, having an experienced attorney like Chelsie King Garza on your side can make a significant difference.
If you’ve been harmed by a defective product in Texas, don’t wait to seek legal help. Contact Chelsie King Garza today to understand your rights, gather the necessary evidence, and pursue the compensation you deserve.
