When you buy or use a product, you assume that it is safe. If you thought it was defective or that it would hurt you in some way, you probably wouldn’t use it. However, thousands of people get hurt by dangerous or defective products every day. Our Dallas product liability lawyers have seen clients sustain a wide range of injuries including bruises, burns, bone fractures, concussions, and paralysis. Some suffer injuries that are so serious that they lead to death. If you were injured by a defective product, you shouldn’t suffer in silence.
Product liability laws exist to protect and help consumers just like you. These laws set out how products should be designed, manufactured, marketed, sold, and even recalled. Every individual or business in the supply chain can potentially be held liable if a product injures someone.
Types of Defects Dallas Product Liability Lawyers Encounter
There are three main categories of product defects. These are:
- Design defects. This is when a product was designed so poorly that it’s inherently dangerous. Even if it is used as intended and it works, it can cause harm to the user. Design flaws affect every product that’s manufactured based on that design so the danger can be widespread.
- Manufacturing defects. Sometimes a product is well designed but it is built incorrectly. In some cases, only a few products carry defects but in other cases, every product that is manufactured is dangerously flawed. Regardless of how many people are injured, each victim has the right to seek compensation.
- Marketing defects. These defects are also known as failure to warn defects. They refer to situations in which consumers are not given proper instructions on how to use or maintain a product. Marketing defects also include a failure to warn users about the potential dangers of a product.
If you suffered injuries while using an item and you believe it was due to a defect, you should reach out to an attorney. They will investigate and determine if there are sufficient grounds to file a claim. If the product was defective in any way, your lawyer will do everything possible to help you get the compensation you deserve.
Products That Are Often Subject to Product Liability Claims
Any type of product can be defective. However, there are some product categories that Dallas product liability lawyers handle most often.
Vehicles
From time to time, we hear about the recall of a particular make and model because of a defect. When a vehicle or one of its components is flawed, it puts drivers, passengers, and other road users in danger. Vehicle recalls can involve thousands of units. If you believe your vehicle is defective, you should report it to the National Highway Traffic Safety Administration. If you were injured, you also need to make sure you contact an attorney. Common vehicle defects include:
- Unsafe tires. When tires are defective, the treads often separate, causing drivers to lose control of their vehicles. Rollover crashes can result.
- Non-functioning seat belts. Seat belts should protect drivers and passengers if the vehicle gets involved in an accident. When they don’t function as they should, the occupants can be thrown from the vehicle.
- Airbags that fail to deploy. Airbags are also expected to protect individuals, but they too can malfunction. If there’s a design or manufacturing defect, they may fail to deploy when they should do so.
- Fuel system defects. Flaws can be present in a vehicle’s gas tank, fuel pump or fuel filtration system. These defects can be particularly dangerous since they can lead to fires or explosions.
Car Seats
Parents rely on car seats to keep their infants, toddlers, and older children safe in the event of a collision or sudden stop. Since children are especially vulnerable to injury and death in car crashes, these devices need to work perfectly. Unfortunately, sometimes car seats don’t work as they should, and they don’t properly restrain the child. If your child gets injured because of a faulty car seat, Dallas product liability lawyers can help you to get compensation.
Food
Every year, there are around 48 million cases of food-borne illness recorded in the United States. They result in around 128,000 hospital stays and 3,000 deaths. Not all of these result in product liability claims. Often, it’s difficult to bring such a claim unless the government or the manufacturer issues a recall or publicly acknowledges that a product caused food poisoning. While food poisoning may seem like a temporary issue, some types can lead to long-term problems including kidney failure and brain damage.
Construction Equipment
Construction equipment needs to be handled carefully even when it’s in perfect working order. Cranes, forklifts and other heavy machines can easily cause injuries. However, when they have defects, they can lead to traumatic injuries or death even when used exactly as intended.
Pharmaceuticals
Many product liability lawsuits are filed in response to harm caused by medications. Drug manufacturers have a duty to test their products before putting them on the market. If a drug proves to be defective, the manufacturer can be held liable. Drugs present a unique case. Some pharmaceuticals are deemed “unavoidably unsafe”. This means that even when they are manufactured with the utmost care, they won’t be completely safe. These drugs may be beneficial even though they have potentially harmful side effects. As long as they are accompanied by adequate warnings, users can’t usually file a product liability claim. However, if the manufacturer fails to warn of known dangers, they can be held liable.
Children’s Toys
Toys are supposed to entertain and educate children. Unfortunately, sometimes they are poorly designed, or they have defective parts. Children may choke on small parts that are easily detached or otherwise suffer injuries. Toy manufacturers have a duty to ensure that their products are safe and that they warn parents of any dangers.
Let TorkLaw Help You with Your Product Liability Claim
If you were injured by a defective product, our Dallas product liability lawyers have the skills and experience to help you. We’ll investigate your case and determine whether a manufacturer, wholesaler or retailer can be held liable. Call us today to schedule a free consultation and learn more about what we can do for you.