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Texas Defective Product Lawyer
Product Liability & Malfunctions
Several products designed for very different uses are recalled every week for one important reason: they could hurt you.
Just this year, recalled products have included hockey sets with high levels of lead; tea kettles that cause serious burns; children’s hooded sweatshirts with strangulation dangers; granola bars contaminated with salmonella; climate-control footrests that are fire hazards; cracking and breaking step stools that cause falls; even wind chimes that cause cuts and puncture wounds to kids.
As a consumer, you’d like to think that every product you bring home will do what it’s intended to without harming you or your family. Unfortunately, as these examples show, defective products are a regular part of our life.
Buyer beware? We don’t think so.
We, as consumers, often pass off an accident caused by a product as just that—an accident. But the fact is a manufacturer may have been negligent, and now you or your children are paying the price. You may have hospital bills to pay. You could have emotional trauma. There may be long-term health effects, permanent scars, or other disfiguration.
Know your rights. You may be eligible for compensation.
For any product liability case (any case where a product caused you or your family harm), you must be able to prove that the product is defective. When the product is defective, the manufacturer can be held liable, or responsible, for your injuries—and you may be owed compensation for your medical bills.
Product defects occur in many ways, including design flaws, problems during assembly or production, poor instructions, or inadequate warnings. Additionally, the claim can be based on one of three factors: negligence, strict liability, or breach of warranty of fitness.
- Negligence: This can apply to every activity prior to a product ending up on store shelves. This can include product design; the inspection and testing of materials; the manufacture and assembly of the product and its packaging; accompanying instructions and warnings; and the inspection and testing of the final product. Manufacturers also can be considered negligent for steps that were not taken in the attempt to build a safe product.
- Strict liability: Strict liability only requires you to demonstrate that a product caused an injury because it was defective; the reason for the defect is irrelevant. The product itself, not your use of it, is under investigation here.
- Warranty of fitness: A warranty of fitness is a guarantee by the manufacturer that they understand how you plan to use the product and that it will meet your expectations—it’s “fit” to be used, and it’s safe. If a product doesn’t meet your expectations in that respect, you may have a broken promise. When a warranty of fitness is breached in that way, you may have a case.
Now what?
If you believe a product has caused harm to you or a loved one in any of the ways mentioned above, then an injury lawyer with Daniel Stark can help you evaluate your claim and identify the type of defect and its cause. Call us toll free at (866) 241-4861 or fill out a simple online consultation form and tell us about your injuries today.
With three offices to serve you, we are your Texas lawyers. We have offices in Bryan/College Station, Waco and Austin, so we can help you wherever you’re located, including outlying areas such as Austin, Bastrop, Bellmead, Belton, Brenham, Bryan, Caldwell, College Station, Georgetown, Harker Heights, Hearne, Killeen, Madisonville, McGregor, Navasota, Pflugerville, Rockdale, Round Rock, Temple, and Waco.
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