Product Injury Lawyers in Waco
A defective product is a product that causes harm, injury or some other type of loss as a result of a flaw, error or weakness in the product, its marketing or its intended use. Defective products cause personal injuries and often result in product liability lawsuits. The term product liability refers to claims that can be made against any of the parties along the chain of title during the making, selling or use of the product, such as designers, manufacturers, distributors and retailers.
There are three types of defects in product liability claims that can be made:
- Design Defects – there is no fault in the manufacturing process, the defect is in the design of the product and the defect is present before the product is even manufactured.
- Manufacturing Errors or Defects –the product does not conform to the design specifications or it differs in an essential way from other product units in the same product line. The defects may occur any time during manufacturing and can result from sloppy or improper assembly techniques; warped, missing or loose parts; or from the use of inferior or defective materials.
- Failure to Warn (often referred to as defective marketing claims) – this condition arises when the manufacturer did not provide sufficient warning regarding the use of the product such as labels or instructions, and fail to warn of real or possible dangers or hazards.
Protections for the Public
When products are sold to the public and are proven to be defective, it creates a legal liability for the responsible party. This liability can occur under many circumstances such as the sale of a car with a faulty airbag switch, medical equipment that is faulty, food that is tainted or pharmaceuticals that have undisclosed adverse side effects that cause harm or injury.
There are many laws in the U.S. that are intended to keep the public safe from defective products whether the defect occurs during the design, manufacture or sale of the products. In addition to common law claims, many states also have consumer protection statutes that provide specific remedies for product defects.
Product Liability Claims
A product liability claim is often based upon one of the following four legal theories:
- Breach of Express or Implied Warranty, an express warranty is one that is stated, either orally or in writing. It can be expressed in the packaging or on the labeling, on the instructions enclosed with the product, or on marketing material or advertising for the product. Additionally, an implied warranty is one where the assumption is that the product is safe and suitable for the purpose for which it was sold.
- Intentional Misrepresentation or Fraud – this theory is based upon the manufacturer, retailer or anyone within the chain of title being aware of the unsafe nature or defect in the product, but the information is concealed or the product is advertised in a misleading manner.
- Negligence – a manufacturer is required to produce a product free of defects and dangerous conditions. Negligence is present when a responsible party fails to exercise reasonable care that resulted in the defect causing harm or injury. To bring a claim of negligence, a person must be able to prove that a duty of care was owed to them and that the responsible party owed him or her that duty.
- Strict Tort Liability – under this theory, the claimant need only show that the product was defective and that the injury or harm suffered was caused by the defect. In this case, proof of negligence is not necessary.
Call Zinda Law Group in Waco and talk to one of our experienced attorneys about if you have a product injury case today.