Product Liability in Austin, TX

Product Liability

At Dunk Law Firm, our product liability lawyers are fluent in the laws that protect consumers against the risk posed by defective products. When a consumer suffers an injury because of a defective product, a number of parties can be held responsible for launching a product that they knew or should have known presented a risk to consumers.

The jurisdiction wherein the product liability claim is filed will determine the liability of those involved in the chain of commerce as the faulty product passes from the manufacturer to the consumer. An individual or company can be held accountable for a variety of products ranging from defective medical equipment to foods that cause food poisoning.

If you or someone you know has been hurt by a defective product, you might be entitled to compensation. The attorneys at our law firm have a successful history of litigating product liability cases and recovering compensation for their clients. To see if our attorneys can help you, please fill out our no cost, no obligation case review form today.

Manufacturing, Design, and Marketing Defects

If somebody is hurt by a defective product, they may have grounds to file a claim against the manufacturer, wholesaler, or distributor, depending on the kind of defect The two main types of product defects under federal law are design defects and manufacturing defects.

Manufacturing defect

These are caused by a mistake in assembly and are not intended to be part of the product. This kind of defect will generally just be found in a small percentage of a company's manufactured goods. Based on the concept of strict liability, a manufacturer is responsible for any manufacturing defects that occur because of faulty construction, regardless of whether they took care throughout the manufacturing process. The plaintiff has to prove that the defect allegedly responsible for their injury existed at the time of departure from the manufacturing facility where the products were produced.

Design defect

A design defect is a flaw in the original blueprint of a product that causes it to be unreasonably hazardous and creates a hazard for potential consumers. This kind of defect will typically be found in all of a company's manufactured products.

Three questions are asked to determine whether a design defect exists:

1. Was the product's design unreasonably dangerous before manufacturing?
2. Was it plausible to anticipate the design of the product could injure a potential user?
3. Could the manufacturer have used a better design that was economically possible and would not change the function of the product?

If any of these questions are answered affirmatively, the victim might have grounds for a design defect case and should speak to one of our lawyers as soon as possible.

Failure to Warn

A products liability claim can also be brought for a manufacturer's failure to warn of possible risks. Any party in the chain of distribution can be accountable if warnings or instructions could have prevented injury from foreseeable hazards or if the warnings themselves, when followed correctly, resulted in the injury.

Who Can Be Held Liable for a Faulty Product Injury?

Depending on the specifics of the claim, an injured consumer can seek compensation from one or more responsible parties, including manufacturers, wholesalers, and/or retail outlets. Identifying the defendant in a product liability case is not a matter of picking one liable party over another; any party associated with a faulty product's chain of distribution might be held accountable with a product liability claim. When beginning to build a claim for a faulty product, it is necessary to include any party involved in the chain of distribution.

• Manufacturer: This can consist of a big multi-national company, an individual working out of their garage, or any parties associated with the design or marketing of the product. Depending on the size of the product, claimants can include the manufacturer of the faulty component, along with the manufacturer of the whole product.
• Retailer: When a retailer advertises a product to buy, it is impliedly guaranteeing the product is safe and suitable for use. If a consumer purchases a faulty product, the seller of that item, even though they were not associated with its manufacture, can be held liable for damages.
• Wholesaler: The wholesaler is considered the "middleman" between the manufacturer and the retailer.

Any or all of the above parties could be held liable for damages resulting from an injury caused by a defective product.

What Damages Can an Attorney Help Me Recover in a Product Liability Lawsuit?

Damages for injuries caused by defective goods are generally compensatory, special, or punitive. When a product liability lawsuit is successful, the plaintiff may be eligible for damages covering:

• Compensatory Damages: These damages are meant to make the plaintiff "whole" again after the accident or injury. They can be split into two different types: actual and general.
• Special Damages: These damages compensate the plaintiff for any calculable out-of-pocket expenses or financial losses, including the following: medical and hospital bills, lost income, cost of substitute transportation and the cost to repair or replace damaged property.
• General Damages: These damages attempt to compensate the plaintiff for losses that can not be easily determined, monetarily. These generally include the following: pain and suffering, mental suffering, medical costs, value of future lost income, loss of consortium and loss of life's enjoyment.
• Medical bills can also spiral out of control, particularly when it involves serious accidents or malpractice, which could also be associated with your product liability case.

Elements of a Successful Product Liability Claim

In a product liability claim, plaintiffs are required to show the following elements in a negligence case:

• The plaintiff was hurt or suffered losses: The plaintiff needs to show actual injury or monetary loss as a result of using the defective product. Without actual injury or damage, there is no case.
• The product is defective: The plaintiff must prove that the product either had a design defect or manufacturing defect, or that the company failed to warn of the risks of the product.
• The defect was the actual and proximate cause of the injury: The injury sustained must have been caused by the defect itself. The defective product needs to also be the proximate source of the injury. Therefore, the defendant will not be responsible where an intervening act supersedes the defective product as the proximate source of the injury.
• The product was being used as intended: The product must have been used in a way the manufacturer meant to be used or in a way the manufacturer could expect a reasonable person to use it.

Injuries resulting from defective products can cause significant physical, emotional, and financial strain. If you or someone you know has been injured by a faulty or defective product, the attorneys at our practice might be able to help. To contact one of our product liability lawyers, please complete our no cost, no obligation case review form today.