Houston Product Liability Lawyer
Texas Product Liability Attorney
Thousands of new products are released into the free market every year. American companies and foreign companies worldwide are placing products into the stream of commerce with one goal in mind—making profits of the sale of their products. While there are Federal and State regulatory agencies that set rules and standards to make products safer for consumers, many products make it to the market with problems that can result in the consumer being injured. These are known as product defects. Product defects come in three main types: manufacturing defects, design defects, and marketing defects (a/k/a failure to warn).
Product Defect: Manufacturing Defects
A manufacturing defect is an error in the way a product was made. It is, essentially, a mistake in the product construction process, not a flaw in the original design. A product that “fails to conform to specs” is a manufacturing defect. To prove a manufacturing defect case, the injured party must prove that there was a safe design, but that the product that was placed into the stream of commerce failed to conform to that design.
Some examples manufacturing defect cases are:
- EpiPens that fail to inject
- Airbags that explode and send metal shards into the vehicle
- A car with a safety lock that fails to engage
- Yogurt recalled due to mold contamination
Product Defect: Design Defects
A design defect is an error or defect in the way the product is designed. The problem is inherent in the way the product was made rather than due to any accident or error in the process by which it was made. A design defect exists when there is an economically feasible alternative design that retains the utility and usability of the original design but is a safer design of the product.
Some examples of a design defect are:
- Child’s toy with a dangerous feature that injures kids
- A type of vehicle that suddenly accelerates on its own
- A brand/type of riser with a latch that does not close automatically like other brands do
- A gun with a safety that does not prevent firing
Product Defect: Marketing Defects – Failure to Warn
A marketing defect occurs when there is a non-apparent danger inherent in a product no matter how precisely designed it is and the manufacturer fails to provide adequate warnings and/or instructions so that the risk of injury is reduced. The injury must occur while the product is being used for its intended purpose. Often medicines fall under this category because they contain a risk that is not adequately disclosed to the patient.
Some examples of a marketing defect are:
- A birth control drug that causes other medical problems
- A child’s clamp-on chair that fails when pads are not regularly replaced
- A log-splitter that causes injury if the users hand is in the wrong place when used
- A pesticide that fails to warn in English and Spanish
Additionally, in some products, defects may combine to create multiple risks of injuries also resulting in multiple causes of action that may be asserted. In any case, all possibilities should be explored.
Most Common Products Liability Cases
Some of the most common products liability cases encountered today are:
• Defective Drugs
• DePuy Hip Replacement
• Defective Children’s Toys
• Hernia Repair Mesh
• Transvaginal Mesh
• Stryker Hip Replacements
• Lead-based Paint
• Defective Saws &/or Guards
• Defective Lanyards or Other Fall Protection
• Defective Vehicles
Mass Torts and Defective Products
Mass torts are injuries that occur on a large scale to a large number of people. Often, product liability cases are also mass torts because they involve a product that was sold all over the country. When a product is the subject of a mass tort, many times the claims are consolidated together into a class action lawsuit. The product may or may not be the subject of a voluntary or forced recall depending upon a number of factors. For more reading on these subjects please read:
Products Liability Law Conclusion
Products liability cases can be very complex. Therefore, it is crucial that you have a Houston products liability attorney on your side that has the experience and resources necessary to strongly advocate for you and to advance your very real interests. Towards this vital objective, the attorneys at Simmons and Fletcher, P.C. are your best ally in such circumstances.
With a combined experience of over 100 years practicing personal injury law, the lawyers at Simmons and Fletcher, P.C., have the hands on experience necessary to successfully and effectively represent you. The lawyers at Simmons and Fletcher, P.C., approach every case they undertake with a keen sense of integrity that many times is lacking in the justice system today.
If you or a member of your family are struggling to deal with all of the many after effects of a tragic product liability case, the time has come for you to get the attorneys at Simmons and Fletcher, P.C. on your side. By scheduling a no-obligation consultation with one of our committed, dedicated lawyers, you will be able to learn more about your rights and what we can do to protect and further them as your legal team. We can meet you in person at our offices located conveniently between Houston and Katy, Texas near the Memorial City Mall, or handle the consultation entirely by phone and/or internet for your convenience.
Keep in mind that at Simmons and Fletcher, P.C., a client owes no fee to us unless we achieve a settlement of verdict in your favor. Additionally, our lawyers will be with you every step of the way to make sure that you obtain all of the compensation to which you are entitled as the result of the negligence of a powerful company or business that has caused you these terrible injuries and daunting damages. Call us now toll free at: 1-800-298-0111.
For more information on product liability law, visit our products liability law blog.