Texas Product Liability Lawyer
Houston 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. If you or someone you love has been injured by a defective product, call Simmons and Fletcher, P.C. for a free consultation with a product liability attorney at: 1-800-298-0111.
Types of Product Liability Claims
There are causes of action for three basic types of product defects: manufacturing defects, design defects, and marketing defects (a/k/a failure to warn). Each type of claim has unique aspects or “elements” which must be proven by the injured party in order to prevail on a product liability claim.
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 claims are:
- EpiPens that fail to inject
- A tire whose tread does not seal properly
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 design defect claims are:
- Stryker Rejuvinate hip implants – a medical implant that can corrode and release metal shards into the body.
- Transvaginal mesh – A surgical mesh that erodes in your body over time.
- Bair Hugger warming blankets -A surgical blanket whose design is alleged to blow contaminated air on a patient.
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:
- Xarelto – A blood thinner that has no antidote to prevent bleeding out and allegedly failed to warn of same.
- Essure birth control implants. – A birth control device that allegedly failed to warn of organ perforation risks.
- Low T Therapy Patches. A Testosterone patch that failed to warn of increases the risk of blood clots and heart attacks.
- IVC Filters – A surgical device for preventing blood clots that fails to warm patients of a risk that it may move and pierce the duodenum.
- Roundup – A popular herbicide that contains the carcinogen, Glyphosate, which has been labeled as a probable human carcinogen by the EPA and WHO.
- Cardiac Heater/Cooler Devices that have a higher risk of infection than other similar devices.
Additionally, in some products, defects may combine to create multiple risks of injuries also resulting in multiple causes of action that may be asserted. For example, there are Marketing, manufacturing and design claims that can be made regarding:
Call us to discuss which yours may fall under.
Other Defective Products
In addition to the products specifically listed here, there can be many other types of defective products that can result in injury. When any object causes damage to its user those responsible for the injuring flaw can be engaged in a strict liability case. Any product liability lawsuit claim can become an involved and complex process, which is why it’s critical to have a Houston product liability lawyer ready to stand by your side.
If you suspect that your injury was the result of a defective product but you do not see it listed on our site, give us a call to find out if you have a case. Schedule a no-obligation consultation with a Houston product liability lawyer today!
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.
Call Simmons and Fletcher, P.C. Today
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 product liability attorneys at Simmons and Fletcher, P.C. are your best ally in such circumstances. Call 1-800-298-0111 today.
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. Because mass torts and large scale products cases are complex and expensive to handling individually, some product liability cases are likely to be referred to another attorney for handling with the client’s permission in order to best serve the client. Let us serve you today.
Frequently Asked Questions
Some common question about products liability claims include:
For more information on product liability law, visit our products liability law blog.