We take for granted that the products we buy at the store are safe. Appliances, cars, toys, tools, we have a certain sense of trust that the manufacturers will be thorough in their designs. Manufacturers do make mistakes though in the design and production of consumer products. These manufacturer errors lead to defects in design and production, which can lead to devastating personal injuries and death.

Design flaws can happen for lots of reasons.  Companies may be in a rush to roll out a product to maximize profits. In this situation, safety is not the companies top priority
 

When you are injured because of a product defect, remember, you have legal options. I can help guide you through this process. 

First, Texas  law recognizes three types of product defects. If it can be show that a product was defective in one of these three ways, and the defect led to your injuries, you may be entitled to compensation.

To do this, it is required that a high burden be met to prove these defect existed and led to your injuries

Product liability in Texas is a strict liability offense. Strict liability does not require a showing of negligence .
 

If there is a defect in the product and the product led to harm, the defendant is liable.
 

This is based upon Texas Civil Practice and Remedies Code Chapter 82.

A product with a defective design endangers the user even if the product is produced perfectly. It is not a function of the product production. Rather, the dangerousness is based on the design. 
 

The Texas Civil Practice and Remedies Code states that to prevail in a product design defect case, it must be proven that:

• A less dangerous design could have      been used
• Using that design would have been      reasonable from a financial and technological standpoint
• The alternative design would have      kept most of the product’s use and utility, while reducing risk of injury

The plaintiff needs to also prove that the injuries occurred from the design defect and not for other reasons.
 

Some design defect cases could include the following:

• Toy that can be easily swallowed by a      small child
• Type of car that accelerates suddenly      on its own
• A gun safety that still allows the      gun to be fired

A manufacturing defect is one that occurs during production. It can be seen as a quality control error.
 

Some common manufacturing defect cases include:

• Tread      separation on tires
• Safety lock on a car does not engage
• Faulty handle on a car seat breaks

Texas law considers a product defective if the manufacturer does not adequately warn  and/or instruct the consumer about its use. For instance, if the product has a danger that is either unexpected or unforeseeable when used, the manufacturer must provide a warning label or warning statement.

Some possible examples of a failure to warn case are:

• A birth control drug that causes serious medical problems
• A child’s chair that clamps on a table that falls if not properly installed
• A log splitting device that causes serious injury if one’s hand is in the wrong place

The statute of limitations to file a claim is 15 years from the date of purchase.

Maybe the most common product liability case in Texas is for defective vehicle design.
 

Typical defective vehicle claims include:

• Failure of seat belts
• Defective tires
• SUV rollover crashes
• Airbag defects
• Roof failure
• Gas tank rupture and explosion
• Defective child car seats
• Failure of seat back
• Defective door latches

It should be noted that every vehicle has many manufacturers and designers for each part. If you are injured by a defective part in a vehicle, many parties could potentially be held liable:

• Car manufacturer
• Manufacturer of parts
• Company that installs or assembles      the product
• The wholesale company
• Retail store that sold the product

I am a lawyer with extensive experience in personal injury in McAllen. For years, I represented insurance companies and their insured in lawsuits. I now use my skills and knowledge to help you. The insurance company is not your friend. They are there to pay you as little as possible, as quickly as possible. Do not settle for less than you are entitled to receive. Call me today; you always speak to #TheMcAllenPersonalInjuryLawyer directly : 956-501-6565.